SIRAJBHAI MIYABHAI KACHWALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY this petition, the petitioners seek quashment of the complaint lodged against them by one Abbasi Abdulhusain Chavivala with Wadi Police Station, Vadodara City, vide C. R. No. I. 121/2003 for the offences punishable under Sections 420, 465, 467, 468, 471, 120-B of the Indian Penal Code.

(2.) THE broad allegation against the petitioners in the complaint is that they had borrowed money from Alvi Cooperative Bank Limited. The complainant is the General Manager of the said Bank. The petitioners had taken loan from the Bank after executing the required documents which contained a document of equitable mortgaged property owned by the petitioners. The allegation in the complaint is that the petitioners had undertaken with the Bank not to create any charge over it or to alienate the property in any manner. But, still, without the knowledge of the Bank, the petitioners have sold of the property mortgaged to the Bank and have appropriated the sale-proceeds to their own use.

(3.) HEARD the learned advocates for the parties and learned A. P. P. Mr. D. C. Sejpal for the State. The bone of the contention of the learned advocate for the petitioners was that the offence, which is alleged, is a transaction of a civil nature and, therefore, the complaint may be quashed.