Karnataka High Court
Mrs. Juliet Julien Pereira vs State Of Karnataka on 20 December, 2018
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF DECEMBER 2018
BEFORE
THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR
CRIMINAL PETITION NO.2645 OF 2014
C/W
CRIMINAL PETITION NO.2644 OF 2014
IN CRL.P.NO.2645/2014:
BETWEEN:
MRS. JULIET JULIEN PEREIRA,
W/O SRI MAXIM HENRY PEREIRA,
AGED ABOUT 39 YEARS,
R/AT MARIA KRIPA,
NIRMALA PADAVU, PARAPPADY,
NITTE VILLAGE, KARKALA,
UDUPI DISTRICT
PIN 57411. ...PETITIONER
(BY SRI. NISHIT KUMAR SHETTY, ADVOCATE)
AND:
1. STATE OF KARNATAKA,
BY STATION HOUSE OFFICER,
KARKALA RURAL POLICE STATION,
KARKALA, UDUPI DISTRICT,
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BANGALORE - 560 001.
2. SRI K N MONNAPPAN,
2
BRANCH MANAGER,
CANARA BANK,
KEDINJE BRANCH,
KARKALA, UDUPI DISTRICT,
KARNATAKA, PIN 574 110. ...RESPONDENTS
(BY SRI. K P YOGANNA, HCGP FOR R1;
SRI V HARIDAS BHAT, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 CR.P.C. PRAYING TO QUASH THE CASE AGAINST THE
PETITIONER IN C.C. NO.87/2012 (CRIME NO.70/2009), FOR
THE OFFENCE PUNISHABLE UNDER SECTIONS 406 AND 420
READ WITH SECTION 34 OF IPC PENDING ON THE FILE OF
THE COURT OF CIVIL JUDGE AND JMFC AT KARKALA, UDUPI
DISTRICT.
IN CRL.P.NO.2644/2014:
BETWEEN:
SRI MAXIM HENRY PEREIRA,
S/O DENNIS PEREIRA,
AGED ABOUT YEARS,
R/AT MARIA KRIPA,
NIRMALA PADAVU, PARAPPADY,
NITTE VILLAGE, KARKALA,
UDUPI DISTRICT, PIN 574 111. ...PETITIONER
(BY SRI. NISHIT KUMAR SHETTY, ADVOCATE)
AND:
1. STATE OF KARNATAKA,
BY STATION HOUSE OFFICER,
KARKALA RURAL POLICE STATION,
KARKALA, UDUPI DISTRICT,
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
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BANGALORE - 560 001.
2. SRI K N MONNAPPAN,
BRANCH MANAGER,
CANARA BANK,
KEDINJE BRANCH,
KARKALA, UDUPI DISTRICT,
KARNATAKA, PIN 574 110. ...RESPONDENTS
(BY SRI. K P YOGANNA, HCGP FOR R1;
SRI V HARIDAS BHAT, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 CR.P.C. PRAYING TO QUASH THE CASE AGAINST THE
PETITIONER IN C.C. NO.630/2010 (CRIME NO.70/2009), FOR
THE OFFENCE PUNISHABLE UNDER SECTIONS 406 AND 420
READ WITH SECTION 34 OF IPC PENDING ON THE FILE OF
THE COURT OF CIVIL JUDGE AND JMFC AT KARKALA, UDUPI
DISTRICT.
THESE PETITIONS COMING ON FOR HEARING THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the petitioners submits that as per One Time Settlement scheme, the petitioners have repaid the loan amount of three loan accounts standing in the name of petitioners by making payment of Rs.15 lakhs.
2. In view of amount of Rs.15 lakhs remitted to the Canara Bank, Kedinje Branch, the Manager of the Canara Bank has issued a letter dated 02.04.2014 4 informing about the One Time Settlement and the amount of Rs.15 lakhs paid and adjusted towards three loan accounts. Therefore, the proceedings in C.C. No.87/2012 and in C.C. No.630/2010 (Crime No.70/2009) for the offences punishable under Sections 406 and 420 read with Section 34 of IPC are liable to be quashed.
3. The learned counsel for the respondent No.2 Canara Bank submitted that the approval was given by the higher authorities for One Time Settlement and the amount of Rs.15 lakhs was paid by the petitioners and the same was adjusted towards their three loan accounts.
4. The learned High Court Government Pleader submitted that even though the petitioners have paid the loan amount under One Time Settlement scheme, the said petitioners are not absolved of their liability, as there are allegations about fabrication of false documents and forgery.
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5. In view of the submissions made by the counsel for the petitioners, learned High Court Government Pleader and learned counsel for respondent No.2, it is evident that the petitioners have paid the loan amount of Rs.15 lakhs in respect of three loan accounts. As far as the allegations about cheating, forgery and fabrication of false records are concerned, the respondent No.2 is directed to file necessary application before the concerned Court in Crime No.70/2009 for compounding the offences with the permission of the Court in accordance with law.
The petitions are accordingly disposed of.
Sd/-
JUDGE ykl