- (1.) The petitioner, Managing Director, I.C.I.C.I. Bank Ltd. having its Office at I.C.I.C.I. Bank Towers, Sandra, Kurla Complex Bandra East, Mumbai - 400051, by designation preferred this petition under Section 482 Cr. P. C. for quashing of the entire criminal proceeding againsthim in connection with C/1 Case No. 153 of 2004 including the order dated 31-3-20041 and subsequent order dated 15-6-2004 passed by Miss Kamal Hazarika, Judicial Magistrate, Jamshedpur whereby and whereunder the cognizance of the offence under Section 406 I. P. C. was taken against three persons including the petitioner.
(2.) Briefly stated the O. P. No. 2 Deobrat Prasad had presented a written complaint before the C. J. M., Jamshedpur alleging that he had purchased two trailers in the month of February, 2002 at a time by taking the loan from the I.C.I.C.I. Bank with the registration of the Trailer being No. (1) H.R. -38-H/8012and (2) NL-01-A/7075. The complainant was paying the instalment of loan regularly till January, 2003 but one of the Trailers vide registration No. H.R.-38-H/8012 met a major accident and for such account he could not pay any instalment. Thereafter the complainant contacted accused persons on phone with the proposal to grant some time for the payment of the instalment which was accepted. The Insurance Company was also informed to indemnify the accident and it was assured by the complainant to the accused that he would start paying instalments for the said two trailers as soon as he would get the insured amount. It was alleged that in the month of October while the Trailer No. N. L.- 01-A/7075 was returning from Bankura to Jamshedpur and arrived near Dimna Chowk accused persons through their Gundas intercepted the trailor and took it to Kharagpur forcibly by putting threat to the driver and Khalasi of the said truck. The accused persons took away all the papers of the said trailor and it is alleged that the said trailor was chased by the accused Nos. 1 & 2 along with 10/12 unknown persons and assaulted the driver and Khalasi. The accused persons by putting dagger on the chest of the driver of the trailor had managed to obtain their signatures. After few months the matter was narrated to the complainant. It was explained that though the complainant was ready to pay the instalment but due to unavoidable circumstances he could not do so and he had talked with the Finance Department. Later on the complainant came to learn that the accused persons were trying to dispose of the said trailor which was seized by them and then the complainant sent notice to the accused through registered letter but without reply. All the relevant papers related to the said trailor were in the name of the complainant and finally it was learnt that the said trailor was disposed of by creating forged documents by the accused without informing him. The said trailor was disposed of with mala fide intention and for some wrongful gain by preparing forged papers by the accused who had forcibly obtained the signatures of the driver and Khalasi on the stamp papers and blank papers. No notice was issued to the complainant prior to seizure of the trailor and that the local police were also not informed. Finally it was alleged as communicated by the driver to him that on the instance of the Managing Director, I.C.I.C.I. the trailor was seized and for that the Managing Director had committed offence under Section 120B I. P. C.
(3.) The learned Counsel submitted that the petitioner is the Managing Director 'and Chief Executive Officer of the I. C. I.C.I. Bank Ltd. and is stationed at its registered office at I.C.I.C.I. Bank Towers, Bandra Kurla Complex. Bandra East Mumbai. The said bank is the India's second largest bank with its total assets of about Rs. 1,25,229.00/- crores and a network of over 450 Branches and Offices. In 1999,I.C.I.C.I.. Bank became the first Indian Company and the first Bank or financial institution from non - Japan Asia to be listed on the NYSE. The ICICI Bank extends loan facilities such as house loan, personal loans, loans for purchase of vehicle etc. to various persons.;