IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR 1

BEFORE

HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL

ON THE 28 th OF MARCH, 2023

MISC. CRIMINAL CASE No. 11070 of 2017

BETWEEN:-

ASHISH KUMAR GUPTA S/O SHRI GIRISH KUMAR, AGED ABOUT 34 YEARS, OCCUPATION: BUSINESS RESIDENT OF TEHSIL SABALGARH DIST. MORENA AT PRE. C/O SMT. PRETI AGRAWAL LALITPUR COLONY LASHKAR, GWALIOR (MADHYA PRADESH)

.....PETITIONER

(NONE FOR THE APPLICANT)

AND

• 1. ARUN KAUL CHAIRMAN CUM MANAGING DIRECTOR UCO BANK HEAD OFFICE 10 BTM SARNI KOLKATA (MADHYA PRADESH)
• 2. RAJEEV YADAV GENERAL MANAGER U UCO B A N K HEAD OFFICE 10, BTM SARNI (WEST BENGAL)
• 3. DR. S.K. NANDI AGM/DGM UCO BANK REGIONAL OFFICE E-5, ARERA COLONY(MADHYA PRADESH)
• 4. B. NARSINGH RAO, CHIEF MANAGER UCO BANK BRANCH OLD HIGH COURT ROAD, LASHKAR, GWALIOR (ANDHRA PRADESH)
• 5. THE STATE OF MADHYA PRADESH POLICE THROUGH POLICE STATION INDERGANJ, LASHKAR, GWALIOR (MADHYA PRADESH)

.....RESPONDENTS

(SMT. PADMSHRI AGRAWAL- LEARNED COUNSEL FOR THE STATE)

This petition coming on for hearing this day, th e court passed the

following:

ORDER

The Advocates are abstaining from Court work on account of call given by State Bar Council.

The petition under Section 482 of CrPC has been filed for quashing order dated 18-07-2017 passed by 9th Additional Sessions Judge, Gwalior in Criminal Case No.04 of 2013 confirming the order dated 18-09-2012 passed by the Court of JMFC, Gwalior.

Facts of case, in brief, is that the petitioner filed a complaint before the Court below for offence under ections 406, 420, 467, 468, 470 and 471 of IPC against the officers of Bank concerned in exercise of powers under SARFAESI Act, alleging therein that the Bank has sold the the land in question ad-measuring 0.150 hectare by way of auction to the complainant and in consequence thereof, the Bank has issued sale certificate to him vide letter dated 16-05-2011. Petitioner in compliance of issuance of sale certificate requested the authorities respondent nos. 3 and 4 for registration of same but the Bank officers did not take any interest in the matter. The petitioner lodged a complaint in this regard before the higher police authorities but the police when did not register a case against the accused person, he filed a private complaint under Section 200 of CrPC before the JMFC, Gwalior. After recording the statement of petitioner as well as witnesses, the Court of JMFC vide impugned order dismissed the complaint. Being dissatisfied, the petitioner preferred a revision before the Sessions Court and revisional Court vide order dated 21-01-2013 remitted the matter back to the Court of JMFC with a direction to the police authorities to investigate the matter under Section 156(3) of CrPC for which the respondent no.5 lodged an FIR against the respondents no. 1 to 4.. The respondents no. 1 and 2 challenged the order of revisional Court before this Court and this Court vide order dated 16-07-2016 directed the Revisional Court to decide the

revision afresh after giving opportunity of hearing to the both the parties. The Revisional Court thereafter after hearing both the parties dismissed the revision filed by the petitioner. It is submitted in the memo of petition that the learned Courts below without adopting due process of law have committed an error of law in rejecting the petitioner's complaint. Hence, he prayed for a direction for registering a criminal case against the respondents no.1 to 4.

On perusal of documents available on record as well as impugned orders, this Court does not find any illegality in the impugned order. Hence, this petition fails and is hereby dismissed.

MKB