VIJAY J SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioner has preferred this petition under section 482 of the Code of Criminal Procedure, 1974 (hereinafter referred to as "the Code", for short) to quash the complaint being Criminal Case no. 3285 of 2003 pending in the Court of learned Judicial Magistrate First Class, Baroda qua him.

(2.) THE brief facts giving rise to the present petition are that respondent no. 2 filed complaint for offences punishable under sections 409, 420, 467, 468, 471 and 193 of the Indian Penal Code being Criminal Case no. 3285/2003 in the Court of learned Judicial Magistrate First Class, Baroda inter alia alleging that his father Amrutlal Dahyabhai Barot (Brahmbhatt) had obtained loan from Baroda City Cooperative Bank Ltd on 6/3/1996 vide Loan Account No. B/3077. The advocate for the said Bank vide notice dated 13/4/2000, called upon father of respondent no. 2 to pay an amount of Rs. 21,066/ as due to be paid in the said loan account. The Bank filed lavad Suit No. 468/2000 before the Board of Nominees to recover Rs. 21,991/ and obtained an exparte decree against the father of respondent no. 2, thereafter, filed an execution petition. The respondent no. 1 paid the outstanding amount of the loan to the Bank but later on came to know that by tampering the computer entries, the Bank has deliberately manipulated the loan account and some amount, which was already paid, was kept in suspense account and some amount, which was to be paid by the Bank to the borrower was appropriated by the Bank against the Loan Account as the bank wanted to extract more money from him. According to respondent no. 2, the accused persons conspired to commit aforesaid offences and therefore, lodged complaint as aforesaid.

(3.) HEARD Mr. A.H.Mehta, learned advocate for the applicant, Mr. D.B.Rana, learned advocate for respondent no. 2 and Mrs. Hansa Punani, learned APP for respondent no. 1 State.