DHULIPUDI CHAKRADHAR RAO Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE petitioner has approached this Court with this petition under Section 482 of the Code of Criminal Procedure for quashment of a complaint lodged by respondent No. 2 in the Court of J. M. F. C. , Surat, citing him as accused No. 4, for the offences allegedly committed by the accused persons punishable under Sections 420, 406, 467, 468, 471 and 120b of the Indian Penal Code.

(2.) THE facts of the case, in brief, can be stated thus:

(3.) THE case of the complainant, as emerging from the complaint, is that accused No. 4 (petitioner herein) had not taken requisite steps to verify the genuineness of the borrower while granting the loan. When the loan was disbursed, a draft in favour of one Sai Motors was issued instead of the regular dealer of the vehicle and that Sai Motors does not seem to be a genuine party. It is further alleged that, at the time of the auction, the petitioner indicated that accused No. 1 was the borrower; loan was given to him by Union Bank of India against the vehicle; the said vehicle was under hypothecation with Union Bank of India; and it was being sold under auction to the complainant.