S. LENIN Vs. STATE

JUDGEMENT

(1.) This Criminal Original Petition is filed to quash the criminal case pending in C.C.No.3015 of 2017 on the file of the Learned Special CBCID & CCB, Metropolitan Magistrate Court, Egmore, Chennai.

(2.) The short point for consideration is that, on a complaint dtd. 15/7/2009 given by Chief Manager of Bank of India, T.Nagar Branch case in Crime No.626 of 2010 registered. As per the complaint, one Mr.Gandhi, applied housing loan for a sum of Rs.15.00 lakhs on 7/6/2006 for purchase of flat No.2, Lakshmi Kirupa Flat, 1st Floor, Old door No.39, New No.73, Gangai Amman Koil Street, Virugambakkam, Chennai – 600 092. On considering the documents produced and the agreement with the promoter, the bank sanctioned housing loan to said Mr.Gandhi a sum of Rs.14.00 lakhs on 21/6/2006 for purchase of the said flat. The wife of Mr.Gandhi Smt.Latha stood guarantor for the repayment. The undivided share of land measuring 110 sq.ft was mortgaged under equitable mortgage deed. The loan was sanctioned to purchase flat at 1st floor bearing No.F2. Whereas, the actual agreement with the promoter is for the flat in 2nd floor bearing No.S1. It is also came to light that the 2nd floor for which agreement stood, had no planning permission. The promoter/3rd accused in connivance with 1st accused mislead the bank and had availed loan. The loan amount was disbursed to the promoter and he had encashed it. Hence, action for dishonest intention of cheating the bank was sought in the complaint dtd. 15/7/2009.

(3.) Based on the complaint, case was investigated in Crime No.626 of 2010 for offences under Sec. 420 r/w 34 of I.P.C and Final Report was filed against the borrower Gandhi, the guarantor his wife Smt.Latha (shown as absconding accused) and the promoter Mr.S.Lenin, who is the petitioner herein.