2019 (8) TMI 945 - HC - Indian Laws

Validity of proceeding with the complaint filed by the Respondent Bank due to pendency of proceeding under the SARFEASI Act - HELD THAT - It appears that before passing the impugned order the Magistrate has followed the procedure as contemplated under Sections 200 and 202 of Cr.P.C, and thereafter issued summons under Section 204 of the Cr.PC. - No case is made out to cause interference in the impugned orders. Petition dismissed.

Summary

Issues:
1. Challenge to order of issuance of process by Judicial Magistrate
2. Dispute regarding loan obtained from a bank
3. Allegation of dishonored cheque and legal proceedings under Negotiable Instruments Act
4. Joint application for loan and liability of co-borrower
5. Legal sustainability of order passed by Magistrate
6. Impact of SARFEASI Act on criminal proceedings
7. Exercise of writ jurisdiction and inherent powers under Section 482 of Cr.P.C

Analysis:
1. The judgment addresses two petitions challenging the order of issuance of process by the Judicial Magistrate. The first petitioner denies involvement in a mortgage loan obtained by another individual, arguing lack of connection to the loan or the dishonored cheque. The second petitioner, a borrower facing financial crisis, disputes the actions taken by the bank under the SARFEASI Act and the dishonor of the cheque issued for loan repayment.

2. The first respondent, representing the bank, asserts that both petitioners jointly applied for and obtained a loan, with documents supporting the co-borrower status of the first petitioner. The respondent contends that the dishonored cheque was issued by the first petitioner for loan repayment, leading to legal consequences under the Negotiable Instruments Act.

3. The court examines the documents and submissions from all parties, concluding that the loan application was indeed a joint effort by both petitioners. It finds merit in the respondent's argument regarding the dishonored cheque and the legal obligations arising from it, dismissing the petitioner's claims of lack of notice or involvement.

4. Regarding the legal sustainability of the Magistrate's order, the court emphasizes the procedural compliance followed, including the issuance of summons under the Cr.P.C. It highlights the joint nature of the loan application and the liability of both petitioners, reinforcing the validity of the order passed by the Magistrate.

5. The judgment addresses the impact of the SARFEASI Act on the criminal proceedings, noting that the pendency of SARFEASI Act actions does not preclude the continuation of the present complaint. It underscores the disclosure of alleged offenses in the complaint and rejects the petitioner's argument to quash the proceedings based on SARFEASI Act implications.

6. Referring to precedents, the court emphasizes the limited scope of interference in criminal proceedings under Section 482 of the Cr.P.C. It cites relevant judgments to caution against premature interference in trials, highlighting the need to raise defenses at the initial stages before the Magistrate rather than seeking intervention at later stages.

7. Ultimately, the court dismisses the petitions, finding no grounds for interference in the impugned orders. It upholds the legal sustainability of the Magistrate's decision and rejects the challenges raised by the petitioners, emphasizing the need for adherence to procedural norms and the appropriate forum for raising defenses in criminal matters.