Excelsior Correspondent
Srinagar, Aug 28: High Court has refused to quash framing of charges by the trial court against a bank official involved in raising the number of consumption loans by resorting to fraudulent means .
The petitioner-Nazir Ahmad Peer working as Manager Advance in J&K Bank branch Kralpora has been found to raise number of consumption loads by fraudulent means and on the complaint of the Branch Manager and after investigation into the case, FIR Section 409, 420, 468 and 471 has been registered in Police Station Kralpora against the petitioner-Peer along with others involved in the commission of offences.
“Applying the test of law, the instant petition is bereft of merit as petitioner fails to make out a case for exercise of inherent powers under Section 561- A Cr.P.C. to quash impugned order. Having said so, petition on hand is dismissed with connected CM(s)”, Justice Vinod Chatterji Koul concluded.
The status report, as directed by this Court filed by the prosecution reveals that on 3rd January 2013, Manager, J&K Bank Branch Kralpora, namely, lodged a written complaint as it has come to notice of the Bank that a number of consumption loans have been raised in the names of different persons by resorting to fraudulent means by various persons including present petitioner-Peer.
It has also been reported that pay certificate and photographs were manipulated and fabricated to open loan accounts and saving bank accounts with intent to cause or knowing that it was likely to cause wrongful loss and damage to the bank.
Upon receipt of complaint, case FIR No.01/2013 was registered in police station concerned and investigation taken up.
During course of investigation, it was found alleged accused persons managed fake documents, fake certificates and sanctioned huge amount of loan in fraudulent manner in fake accounts created by them, and that the fake documents, withdrawal forms were also seized in the case.
The handwriting of alleged bank employees is said to have been collected in front of Executive Magistrate, Kralpora, and sent to FSL Srinagar. Statements of various witnesses recorded and FSL report, makes out a prima facie case under sections of RPC, and investigation of the case was concluded and charge sheet was produced before the court.
Challenging the order of trial court whereby the charges in commissions of offences against the accused -petitioner and others the counsel for petitioner has stated that framing of charge by the trial court, can be challenged by invoking revisional jurisdiction as well as inherent jurisdiction of the High Court when acceptance of plea raised by petitioner would result in his discharge.
Court on framing of charges against the petitioner-accused by the trial court said, that at the stage of framing of charge, probative value of the statement cannot be gone into, which would come to be decided at the closure of the trial inasmuch as at the stage of framing of charge.
“The court has to consider the material with a view to find out if there is ground for presuming that accused has committed offence or that there is no sufficient ground for proceeding against him and not for the purpose of arriving at the conclusion that it is not likely to lead to a conviction”, reads the judgment.
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