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Saturday, May 18, 2013

Complainants- Respondent Nos.2 and 3 have filed complaint being C.R. Case No.71C/2012 on 15.03.2012 before the Chief Judicial Magistrate, Dibrugarh under Section 417 and 420 I.P.C., for taking appropriate criminal action against respondent No.4, who was accused in the complaint, and also against the Manager, United Bank of India as well as the Regional Manager of the Bank.- The Complainant, however, stated before the High Court that he had purchased the property somewhere in the year 2005. However, that is not reflected in the legal opinion given by the advocate to the Bank. We are of the view that the Bank has acted bona fide on the report of the advocate after searching the relevant records for the last 12 years. Further, we have also perused the complaint filed by respondent Nos.2 and 3 and found no indication in the complaint as against any of the officers of the Bank that they have acted in their individual capacity or otherwise so as to cheat the complainant. If at all there is any grievance that is against respondent no.4. In such circumstances, we are inclined to allow the appeal and quash the criminal complainant as far as the Bank and the officials are concerned.



IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION



CRL.M.P. NO.10983/2013
IN AND


CRIMINAL APPEAL NO.774 OF 2013
(ARISING OUT OF SLP(CRL) NO. 8977 OF 2012)


UNITED BANK OF INDIA & ANR. Appellant(s)




VERSUS




STATE OF ASSAM & ORS. Respondent(s)
O R D E R
Heard counsel on either side.
Leave granted.
This appeal by special leave is filed against the final
judgment and order dated 27.06.2012 passed by the High Court of
Gauhati in Criminal Petition No.414/2012.
Complainants-
Respondent Nos.2 and 3 have filed complaint being C.R. Case
No.71C/2012 on 15.03.2012 before the Chief Judicial Magistrate,
Dibrugarh under Section 417 and 420 I.P.C., for taking
appropriate criminal action against respondent No.4, who was
accused in the complaint, and also against the Manager, United
Bank of India as well as the Regional Manager of the Bank.

The United Bank of India (for short, the Bank') approached
the High Court for quashing the complaint under Section 482 of
Cr.P.C. The High Court, however, dismissed the said petition in
a cryptic manner, against which this appeal has been preferred.


We heard counsel on either side. Notice has been issued to
the complainants as well but there is no appearance on behalf of
the complainants.
Learned senior counsel appearing for the Bank submitted
that 
the Bank had advanced the loan on 10.08.2008 after getting
legal opinion from their counsel (Annexure P1).

 It was
specifically stated in the legal opinion that the lawyer had
searched the relevant records with regard to the immovable
property in question in the office of DR/SR/RA, Dibrugarh for a
period of 12 years and had confirmed that the present owners
have good clear and marketable title and possession of the
property. 

Placing reliance on the legal opinion, Bank has
advanced the loan. 

The Complainant, however, stated before the
High Court that he had purchased the property somewhere in the
year 2005. However, that is not reflected in the legal opinion
given by the advocate to the Bank.

We are of the view that the Bank has acted bona fide on the
report of the advocate after searching the relevant records for
the last 12 years. Further, we have also perused the complaint
filed by respondent Nos.2 and 3 and found no indication in the
complaint as against any of the officers of the Bank that they
have acted in their individual capacity or otherwise so as to
cheat the complainant. If at all there is any grievance that is
against respondent no.4.
In such circumstances, we are inclined to allow the appeal
and quash the criminal complainant as far as the Bank and the
officials are concerned.

In view of the above, Crl.M.P. No. 10983/2013 is also
disposed of.


....................J.
[K.S. RADHAKRISHNAN]


....................J.
[DIPAK MISRA]
NEW DELHI;
MAY 10, 2013

ITEM NO.6 COURT NO.9 SECTION II

S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS

CRLMP.NO. 10983/2013 in AND Petition(s) for Special Leave to Appeal (Crl)
No(s).8977/2012

(From the judgement and order dated 27/06/2012 in CRLP No.414/2012
of The HIGH COURT OF GUWAHATI,ASSAM)

UNITED BANK OF INDIA & ANR. Petitioner(s)

VERSUS

STATE OF ASSAM & ORS. Respondent(s)

(With appln(s) for extension of stay and office report)


Date: 10/05/2013 This Petition was called on for hearing today.

CORAM :
HON'BLE MR. JUSTICE K.S. RADHAKRISHNAN
HON'BLE MR. JUSTICE DIPAK MISRA

For Petitioner(s) Mr. Dhruv Mehta,Sr.Adv.
Mr. Yashraj Singh Deora,Adv.
Mr. Rajesh Kumar,Adv.
Mr. Sriram Krishna,Adv.
Ms. Anupama Dhurve,Adv.
Mr. Prashant Nagang,Adv.
Mr. Sarv Mitter,Adv.
For M/S Mitter & Mitter Co.

For Respondent(s) Mr. Navnit Kumar,Adv.
For M/s. Corporate Law Group

Mr. Parthiv K. Goswami,Adv.
Mr. S. Hariharan,Adv.
Mr. Vikash Singh,Adv

UPON hearing counsel the Court made the following
O R D E R

Leave granted.
The appeal is allowed and Crl.M.P. No. 10983/2013 is
disposed of in terms of the signed order.


|(NARENDRA PRASAD) | |(RENUKA SADANA) |
|COURT MASTER | |COURT MASTER |


(Signed order is placed on the file)




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