V. NARSINGA RAO Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Petition is filed to quash the proceedings against the petitioner/Accused No.9 in C.C.No.10380 of 2020 on the file of XII Additional Chief Metropolitan Magistrate, Hyderabad for the offence under Sec. 109 of IPC.

(2.) The 2nd respondent is the Chief Manager of Bank of Maharashtra. He filed a complaint stating that loan application was made by Gali Niranjan/A2 on behalf of A1 i.e., M/s.REX Contractors & Traders Private Limited for cash credit of Rs.180.00 lakhs which was sanctioned on 2/11/2012 from Khairatabad branch. An open plot admeasuring 1700 sq.yds in Sy.No.110, Maktha, Mehaboobpet village, Serilingampally which was owned by A2 was given as security. Loan was given to A1 and A2. However, the amounts were not being paid. The account was declared as NPA on 29/10/2013 and the Bank also initiated proceedings under SARFAESI Act.

(3.) It is further stated that on enquiry, the Bank came to know that the sale deed which was deposited is non existent property and same was done with an intention to cheat the Bank. The documents from the Bank were collected during the course of investigation. During the course of investigation it was found that there are disputes regarding the property and also certain documents were fabricated by the accused A1 to A7 who created will deeds and A5 to A7 executed agreement of sale-cum-GPA in favour of A4. A4 to A7 planned and divided the property into two plots and sold one of the said plots for sale consideration of Rs.1.87 lakhs to A2. The said document was submitted before the Bank of Maharashtra. On the basis of the complaint filed by the bank, the police investigated the case and filed charge sheet. This petitioner who is an advocate was found complicit of colluding with A2 and furnishing false certification of the plot given as security by A2.