ICICI BANK v. STATE THROUGH TILAKNAGAR POLICE STATION
2014-06-24
S.N.SATYANARAYANA
body2014
DigiLaw.ai
Order Accused in Crime No.260/2009 registered with Thilaknagar Police Station, pending on the file of II ACMM Court, Bangalore, have come up in this petition seeking quashing of the aforesaid criminal proceeding which is registered for offences punishable under Sections 177, 182, 191, 199 and 500 of IPC. 2. Admittedly, the complaint in Crime No.260/2009 is registered pursuant to a private complaint filed by second respondent herein in PCR.No.8344/2009 on the file of II ACMM Court, Bangalore. It is the case of complainant that he is a constituent of ICICI Bank, petitioners herein, having a SB account in his name bearing No.005301519122; that the petitioner-Bank having represented by it’s the then Manager Mr. Simon Panes Dasari furnished falsified information with reference to the transaction said to have made by him for the financial year 2005 – 2006 by filing annual information returns to Income-Tax Department indicating that the complainant holds a credit card with petitioner-bank, through which he is said to have transacted in the year financial year 20052006 to the tune of Rs.1,11,00,657/- that the said information was furnished to the Income-Tax department on 13.11.2006 and subsequently on 2.11.2007 and 2.10.2009; that he furnished the information and clarified it on three occasions as if the transaction was done by him to the aforesaid tune of amount; that as on that date the amount that was available in his deposit was far less and he was assessed to income at Rs.1,21,563/for the corresponding assessment year 20062007 as per the declaration furnished to the Income-Tax department; and that he had declared the same before the Income-Tax Officer, Ward No.4(1), 5th Floor, Unity Building Annex, Mission Road, Bangalore 27. 3. It is the further case of complainant that, based on the falsified information furnished by the petitioners herein, assessment was made in his name and he was called upon to pay huge arrears as tax even when he had no income corresponding to that or he had not spent any amount as stated in the annual information report submitted by petitioners herein to Income-Tax department, which has resulted in an assessment order being passed against complainant and he being forced to file an appeal against the said order.
In the meanwhile, it is stated that he has also filed a private complaint against the petitioners alleging offences punishable under Sections 177, 182, 191, 199 and 500 of IPC, based on said complaint, the matter is referred to investigation by Tilaknagar Police. It is seen that when the investigation was pending, the present petition is filed by the petitioners seeking quashing of said complaint. 4. Heard the learned Counsel for petitioners as well as Additional SPP appearing for respondent No.1, who is seized of investigation in to the complaint, which is filed by second respondent. Perused the material available on record. On going through the same, it is seen that there is admission on record by the petitioners to the effect that they have furnished information to the Income-Tax department as if second respondent-complainant had maintained a credit card with the bank, when in reality he was not having the facility of credit card from the petitioner-bank and he did not conduct any transaction as reflected by the bank in its annual information report submitted to the Income-Tax department. It is also on record in the form of letter dated 20.2.1996 in response to legal notice dated 13.1.2009, the letter dated 26.10.2009 and another letter dated 20.12.2013 produced this day in to the Court by the learned counsel for petitioner, which clearly discloses the admission on the part of petitioners, more particularly, the then manager Mr. Simon Panes Dasari in falsely furnishing the alleged information regarding the alleged transactions said to have conducted by second respondent, when factually said transactions not being traceable to second respondent in the records, books of accounts and other correspondence maintained by petitioner-bank in their usual day-to-day banking transaction for the assessment year 20052006 and thereafter. Though such an admission of their guilt in furnishing false information to the Income-Tax department against second respondent is available on record, the petitioners have come up with the present petition seeking quashing of the proceeding on the ground that under Section 195 of Cr.P.C., it is not for the second respondent to complain against the petitioners and even assuming that petitioners have furnished false information to Income-Tax department, it is the recipient of the information, namely the Income-Tax department, who should have filed the complaint. 5.
5. However, this Court is not willing to accept the aforesaid proposition, inasmuch as the entire provision of Section 195 of Cr.P.C., is tried to be distorted by the petitioners to wriggle out of the situation in which the petitioners have put themselves. When admittedly, the second respondent was not having any credit card facility with petitioner bank, they had no business to furnish the non existing information to Income-Tax department. While doing so, they should not have floated the figures which is not recorded in the books of accounts of the bank and the entire act being highly suspicious, this could be the personal handy work of the then manager for whatever reason which is required to be investigated. In any event, in the light of admission being there on behalf of petitioners herein with the information which is furnished by them to Income-Tax department not being referable to second respondent, question of quashing the present criminal proceeding for whatever technical reason, does not arise. It is imminent that they will have to face the consequences of answering the criminal charges leveled against them, which are punishable under Sections 177, 182, 191, 199 and 500 of IPC. 6. With the aforesaid observations, this court find that the present petition is not maintainable and the same is required to be dismissed. Accordingly, this criminal petition is dismissed.