SHAIK MAHABOOB BASHA Vs. STATE OF A P

JUDGEMENT

(1.) THE petitioners seek for quashment of C.C.No. 124 of 2009 on the file of the Judicial Magistrate of First Class, Vinukonda in the complaint lodged by the 2nd respondent. The

(2.) ND respondent initially was an individual who was the Manager of the Bank. The petitioners amended the petition through Crl.P.M.P.No. 7013 of 2012 bringing State Bank of Hyderabad represented by its Branch manager as the 2nd respondent . Crl.P.M.P. No. 7013 of 2012 was allowed today. Consequently, the manager of the bank is brought on record as 2nd respondent. 2. The case of the 2nd respondent-defacto-complainant is that the petitioners borrowed monies by mortgaging assigned lands deliberately and that the petitioners consequently were guilty of the offences under Sections 415, 420 and 471 IPC. In fact the 2nd respondent lodged a complaint on 14-1-2008. The complaint was registered as Crime No. 5 of 2008 on the file of the Vinukonda Police Station. After due investigation, police referred the complaint as a mistake of fact. Aggrieved by the same, the 2nd respondent laid the private complaint.

(3.) PETITIONERS 1 and 2 are teachers working at Vinukonda. They are husband and wife. They sought for a loan from the 2nd respondent bank on 10-12-2004. They mortgaged their properties by deposit of title deeds. Loan was sanctioned on 13-12-2004.