PUBLIC PROSECUTOR Vs. K S RAJANNA ALIAS KESARLARAJANNA

JUDGEMENT

(1.) This is a petition under section 561-A of the Criminal Procedure Code, filed by the Public Prosecutor for quashing the order of committal in P.R.C. No. 3 of 1964. on the file of the Judicial Second Class Magistrate, Tirupati and to direct him to proceed with the enquiry after examining the approver.

(2.) The short facts relevant for the disposal of this petition may be stated thus: A-1 to A-3, A-6 and A-7 are residents of Kolar District in Mysore State. A-4, A-5, and A-8 are residents of Chittoor District. A-8 was a peon in the Andhra Bank at Tirupati. Between 5th March, 1960 and 31st August, 1960, at Kolar and Tirupati, the said accused along with the approver, one T. R. Sampangi Ram Gupta of Sugutur, Mysore State, entered into a criminal conspiracy on different dates to cheat the Agent, Andhra Bank Limited, Tirupati, and the Secretary, Tirupati Town Co-operative Bank, Limited, by pledging spurious gold jewels representing them to be real gold, as security and obtaining loans on the strength of that security. Pursuant to that conspiracy, they obtained loans. It is not necessary to state all the details regarding the modus operandi or the actual amounts in respect of which the Banks were cheated.

(3.) The learned Magistrate, perused the records under section 173 (4), Criminal Procedure Code, and was of the opinion that A-1 to A-8 conspired for the purpose of cheating the two banks as alleged by the prosecution. He also found that A-2 and A-3 forged the loan applications and promissory notes, which are valuable securities, in the names of fictitious persons for the purpose of cheating, that none of the accused repaid the loans taken by them, and that the accused had, thus conspired and cneated the said banks. Having regard to the documents filed, and the other circumstances appearing in the case, the Magistrate felt that there was sufficient ground for committing tne accused to take their trial in the Court of Sessions. Accordingly, a charge was framed against A-1 to A-8 under section 420 read with section 120-B, Indian Penal Code, under section 420, Indian Penal Code, against A-1 to A-6 under section 420 read with section 109, Indian Penal Code, against A-7 and A-8 and under sections 467 and 468, Indian Penal Code against A-2 and A-3.