K GOPALAKRISHNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Revision petitioner is the accused in C.C 230 of 2008 on the file of the Chief Judicial Magistrate, Ernakulam. The Sub-Inspector of Police, Central Police Station filed a charge-sheet against the revision petitioner alleging offence under Sections 406 and 420 I.P.C. with an allegation that on 13.12.2002, the revision petitioner obtained a loan of Rs. 10,00,000 from the State Bank of India, M.G. Road branch after pledging 3.501 cents of land comprised in Sy. No.330/12 of Elamkulam village, which was obtained by the revision petitioner by virtue of D.No.4287/02. As per the allegations in the charge-sheet, the said property was earlier mortgaged before the State Bank of Travancore, Panampilly Nagar branch and he availed a loan of Rs.4,70,000. It is suppressing that liability and fraudulently making the de facto complainant, the Chief Manager of the State Bank of India, M.G. Road branch believe that there was no liability charged upon the properties the revision petitioner obtained the loan of Rs.10,00,000 and that after closing the liability in favour of the S.B.T., the property was sold to third parties without the knowledge of the bank.

(2.) The learned Magistrate took cognizance. Issued process to the revision petitioner. On his appearance, after furnishing the copy of the charge sheet and connected records the revision petitioner and the prosecution were heard and framed charge for offence under Sections 406 and 420 I.P.C.

(3.) Contending that there is no prima facie material to send the revision petitioner for trial for offence under Sections 406 or 420 I.P.C. and that the charge framed is without any allegation regarding the ingredients of the above said offence, the revision petitioner seeks an order to quash the impugned charge.