SUDHIR KHANNA Vs. STATE

JUDGEMENT

(1.) The petitioners herein have come forward with the present Criminal Original Petition seeking to call for the records of the first respondent in FIR No.560 of 2015 dated 25.06.2015 and Quash the FIR No.560 of 2015 registered against the petitioners for an offence under Section 409 IPC, as being an abuse of process of law, untenable in facts and circumstances.

(2.) The learned Senior Counsel appearing for the petitioners would submit that the second respondent was having 18 loan accounts in the Kotak Mahindra Bank Limited, out of which one is a mortgage loan account, one is a business loan account and others are commercial vehicle loan accounts. It is an admitted fact that the second respondent herein had obtained a loan to the tune of Rs.1,50,00,000/ - under Account No.SA118003 and the said loan has been sanctioned on 27.07.2006. The second respondent had also deposited the title deeds in lieu of the said loan. While so, the second respondent had issued a letter dated 21.03.2007 expressing his intention to settle the entire amount due to the financial facilities of the agreement in SA118003 and pursuant to the same, the bank has issued a communication to the second respondent stating that the balance outstanding amount is Rs.1,70,00,000/ -. Hence, the second respondent issued a Demand Draft to the tune of Rs.1,70,00,000/ - for which the Bank has also issued a receipt.

(3.) The second respondent/defacto complainant had preferred a complaint before the Reserve Bank of India against the Kotak Mahindra Bank stating that the Bank owe a sum of Rs.28,26,294/ - to him. Even though he had discharged the entire amount, the Bank had committed fraud and the Bank ought to have refunded a sum of Rs.28,26,294/ -. The said application was dismissed and as against the same, the second respondent preferred a Writ Application in which the loan statement has been given and thereafter, he preferred the present complaint. Even then, the case was not registered and hence, the second respondent filed a Crl.O.P for a direction and pursuant to the direction of this Court, a case has been registered for the offences punishable under Section 409 IPC.