H. KRISHNA BHAT Vs. SRI. P.D. DEVENDRANATH

JUDGEMENT

(1.) IN this petition the petitioner has prayed for quashing the proceedings in C.C. No. 7472/2009 on the file of VII Additional Chief Metropolitan Magistrate Court at Bangalore. Respondent lodged a complaint with the Station House Officer, Malleshwaram police station, Bangalore on 05.06.2007 as per document No. 1 lodging that a sum of Rs. 40.25 lakhs had been withdrawn from the Bank account of the respondent between 1998 and 2004. This withdrawal of amount is by son -in -law of complainant by name Vikram Rajwade in collusion with the petitioner and other bank employees.

(2.) THE complaint given by the respondent came to be registered in crime No. 259/2007. The police investigated the matter and filed B report before the jurisdictional Magistrate. The respondent filed a protest petition before the Magistrate. The trial Court recorded the sworn statement of the respondent and passed an order on 25.03.2009 to register the case against the accused Nos. 1 and 2 for the offences punishable under Section 420 and 34 IPC and issued process. Aggrieved by this order of the trial Court the petitioner who is accused No. 2 is before this Court. A reading of the averments made in the complaint, the protest petition and the sworn statement specifies that the accused in collusion and with an intention to deceive the respondent created and fabricated documents and cheated to huge extent. At this stage without expressing any opinion on the merits of the case I am of the considered opinion that there are no grounds to quash the proceedings. However the trial Court to proceed with the matter in accordance with law as expeditiously as possible on day -to -day basis. With the above observation, the petition is hereby dismissed.