Padmesh. P vs State Of Kerala
2025 Latest Caselaw 3290 Ker

Kerala High Court

Padmesh. P vs State Of Kerala on 11 August, 2025

Author: Kauser Edappagath

Bench: Kauser Edappagath

Crl.M.C.Nos. 5403 of 2020 & 1400 of 2023

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           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

         THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

  MONDAY, THE 11TH DAY OF AUGUST 2025 / 20TH SRAVANA, 1947

                     CRL.MC NO. 5403 OF 2020

 CRIME NO.847/2010 OF KOTTAYAM EAST POLICE STATION, KOTTAYAM
 IN CC NO.432 OF 2019 OF CHIEF JUDICIAL MAGISTRATE, KOTTAYAM
PETITIONER/2ND ACCUSED:

           UMADEVI.P.U,
           AGED 40 YEARS
           W/O NIKHIL KRISHANA, RESIDING AT VNRA,
           XXIX/36, MUTTAR, VATTEKUNNAM,
           NORTH EDAPPALLY, PIN-682005,
           FORMER CREDIT MANAGER, ICICI BANK LTD,
           KOCHI BRANCH,PIN-682025.

           BY ADVS.
           SHRI.LAL K.JOSEPH
           SHRI.SURESH SUKUMAR
           SRI.ANZIL SALIM
           SHRI.SETHU KRISHNA R.S.
           SHRI.CHACKO MATHEWS K.
           SRI.P.M.RAFIQ
           SRI.P.VIJAYA BHANU (SR.)
RESPONDENTS:

    1      STATE OF KERALA,
           REPRESENTED BY THE PUBLIC PROSECUTOR,
           HIGH COURT OF KERALA,
           ERNAKULAM, PIN-682031.
    2      THE SUB INSPECTOR OF POLICE,
           KOTTAYAM, EAST POLICE STATION,PIN-686002.
 Crl.M.C.Nos. 5403 of 2020 & 1400 of 2023

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    3      JAYAPRAKASH BALAKRISHNAN,
           SRIVIDYA, KMV ROAD,KOTTAYAM-1,
           REPRESENTED BY HIS POWER OF ATTORNEY HOLDER
           JAZYACHANDRARAJ, PARAMESHWARATH
           HOUSE,PANACHIKAVU.P.O,
           PARUNNA WEST,CHANGNASSERRY,
           KOTTAYAM-686102.

           BY ADVS.
           SRI.P.K.RAMKUMAR, CGC
           SHRI.SUBIN P.M.
           SRI.SANGEETHA RAJ N.R. - PP


     THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
11.08.2025, ALONG WITH Crl.MC.1400/2023, THE COURT ON THE
SAME DAY PASSED THE FOLLOWING:
 Crl.M.C.Nos. 5403 of 2020 & 1400 of 2023

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                                                   2025:KER:60149



           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

         THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

  MONDAY, THE 11TH DAY OF AUGUST 2025 / 20TH SRAVANA, 1947

                     CRL.MC NO. 1400 OF 2023

 CRIME NO.847/2010 OF KOTTAYAM EAST POLICE STATION, KOTTAYAM
 IN CC NO.539 OF 2019 OF CHIEF JUDICIAL MAGISTRATE ,KOTTAYAM
PETITIONER/ACCUSED NO.1:

           PADMESH. P.
           AGED 48 YEARS
           S/O. PADMAKUMAR RAGHAVAN NAIR,
           RESIDING AT AYODHYA 34/2343,
           MAMANGALAM, PALARIVATTOM POST OFFICE,
           ERNAKULAM., PIN - 682025

           BY ADV SHRI.GEORGE JOHNSON


RESPONDENTS/COMPLAINANT/STATE:

    1      STATE OF KERALA,
           REPRESENTED BY PUBLIC PROSECUTOR,
           HIGH COURT OF KERALA,
           ERNAKULAM, PIN - 682031
    2      INSPECTOR OF POLICE,
           KOTTAYAM EAST POLICE STATION., PIN - 686002
    3      JAYAPRAKASH BALAKRISHNAN,
           SREEVIDYA, KMV ROAD,KOTTAYAM,
           REP. BY HIS POWER OF ATTORNEY HOLDER
           JAYACHANDRA RAJ, PARAMESWARATH HOUSE,
           PANACHIKAVU P.O., PERUNNA WEST,
 Crl.M.C.Nos. 5403 of 2020 & 1400 of 2023

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           CHANGANASSERY,
           KOTTAYAM 686102., PIN - 686001
           BY ADVS.
           SRI.P.K.RAMKUMAR, CGC
           SHRI.SUBIN P.M.
           SRI.E.C.BINEESH - SR.PP

     THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
11.08.2025, ALONG WITH Crl.MC.5403/2020, THE COURT ON THE
SAME DAY PASSED THE FOLLOWING:
 Crl.M.C.Nos. 5403 of 2020 & 1400 of 2023

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                           ORDER

Crl.M.C.No. 5403 of 2020 has been filed by accused No.2

and Crl.M.C.No.1400 of 2023 has been filed by accused No.1

in C.C.No.432 of 2019 on the files of the Chief Judicial

Magistrate Court, Kottayam (for short, 'the trial court') to

quash the proceedings against them.

2. The respondent No.3 herein filed Annexure A1

private complaint produced in Crl.M.C.No.1400 of 2023

(produced as Annexure A2 in Crl.M.C.No.5403 of 2020)

before the trial court against the petitioners and few others

alleging offences punishable under Sections 418, 419, 420,

465, 467, 468, 471 and 120B of the IPC.

3. The trial court forwarded the complaint to

respondent No.2 for investigation under Section 156(3) of

Cr.P.C., who registered Annexure A3 FIR produced in Crl.M.C.Nos. 5403 of 2020 & 1400 of 2023

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Crl.M.C.No. 5403 of 2020 (produced as Annexure A2 in

Crl.M.C.No.1400 of 2023). After investigation, the respondent

No.2 filed Annexure A4 final report against the petitioners

and two others, namely, Sri.Deepak Krishnappa and

Smt.Sushama Anandu for the offences under Sections 465,

468, 471, 420 r/w Section 34 of the IPC. The trial court

received the final report, numbered the case as C.C.No.432 of

2019 and took cognizance of the offences.

4. The accused Nos.1 and 2 were the employees of

ICICI Bank Ltd. during the period from 2005 to 2007.

Accused No.1 was working as the Sales Manager at ICICI

Bank, Kottayam branch and accused No.2 was working as the

Credit Manager (Home Loans), ICICI bank, Kochi Branch. The

accused Nos.3 and 4 were the managing partner and partner

of M/s.MetroCorp Infrastructure, a partnership firm engaged

in the construction of villas. The respondent No.3 was Crl.M.C.Nos. 5403 of 2020 & 1400 of 2023

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working at Infosys in Unites States. The respondent No.3

entered into an agreement with M/s.MetroCorp Infrastructure

through his brother and power of attorney holder to purchase

a villa in Bangalore. The respondent No.3 availed a housing

loan of Rs.85,50,000/- (Rupees eighty five lakhs fifty

thousand only) from ICICI bank, Kottayam branch towards

the purchase of the villa. The allegations in Annexure A4 final

report is that accused Nos. 1 and 2, in collusion with the

accused Nos. 3 and 4, disbursed the loan instalments to

M/s.MetroCorp Infrastructure against the terms of agreement

and also by forging the signature of the power of attorney

holder of respondent No.3 in disbursal request forms which

were marked as Annexure A9 series in Crl.M.C.No.5403 of

2020.

5. These Crl.M.Cs have been filed by accused Nos.1

and 2 to quash the proceedings, mainly on the ground that Crl.M.C.Nos. 5403 of 2020 & 1400 of 2023

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even if the entire allegations in the private complaint and the

materials collected during the investigation which form part of

Annexure A4 final report are believed in their entirety, no

offence has been made against them.

6. I have heard, Sri.P.Vijaya Bhanu, the learned Senior

Counsel appearing for the petitioner in Crl.M.C.No.5403 of

2020, Sri.George Johnson, the learned counsel appearing for

the petitioner in Crl.M.C.No.1400 of 2023, Sri.P.K.Ramkumar,

the learned counsel for the respondent No.3 in both cases

and also Sri.Sangeetha Raj N.R., the learned Public

Prosecutor.

7. Annexure A5 loan application (produced in

Crl.M.C.No.5403 of 2020) would show that in the year 2006,

the respondent No.3 along with his wife as co-applicant,

submitted a home loan application, requesting a loan amount

of Rs.1 crore, for purchasing a villa project undertaken by Crl.M.C.Nos. 5403 of 2020 & 1400 of 2023

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accused Nos. 3 and 4 in Bangalore. The loan application was

submitted to the Kottayam branch of ICICI bank. Annexures

A6 and A7 construction agreements (produced in

Crl.M.C.No.5403 of 2020) executed between the accused

No.3 and M/s.MetroCorp Infrastructure would show that at

the time of sanctioning of the loan, the respondent No.3

submitted a construction agreement dated 07.01.2006

executed between the accused No.3 representing

M/s.MetroCorp Infrastructure and the power of attorney

holder of the respondent No.3. Annexure A8 (produced in

Crl.M.C.No.5403 of 2020) is the said power of attorney.

Annexures A9, A9(a) and A9(b) (produced in Crl.M.C.No.5403

of 2020) would show that the loan amount sanctioned was

disbursed through the disbursal request form on 03.05.2006

to the power of attorney holder of the respondent No.3. In

Annexures A9, A9(a) and A9(b) (produced in Crl.M.C.No.5403 Crl.M.C.Nos. 5403 of 2020 & 1400 of 2023

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of 2020), the power of attorney holder of the respondent

No.3 is seen to have subscribed his signature. However, the

case of the respondent No.3 is that the signature of his power

of attorney holder found in Annexures A9, A9(a) and A9(b)

(produced in Crl.M.C.No.5403 of 2020) were forged ones.

8. Annexures A12 and A13 (produced in

Crl.M.C.No.5403 of 2020) are the copies of the loan account

statements, which would show that the respondent No.3 has

defaulted the repayment of the loan amount. The materials

on record would further show that CW7, the Collection

Manager in charge of recovery of the ICICI bank, issued

demand notice on 22.03.2010 to the respondent No.3 to

realise the loan amount. Annexure A14 (in Crl.M.C.No.5403

of 2020) would show that challenging the said demand

notice, the respondent No.3 filed a consumer complaint

numbered as C.C.279 of 2010 before the Consumer Disputes Crl.M.C.Nos. 5403 of 2020 & 1400 of 2023

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Redressal Forum, Kottayam. The relief sought in Annexure

A14 (in Crl.M.C.No. 5403 of 2020) was to set aside the

demand notice and to stop the recovery proceedings. The

said complaint was dismissed as not maintainable as

evidenced from Annexure A15 (in Crl.M.C.No.5403 of 2020).

Though the respondent No.3 preferred an appeal before the

Kerala State Consumer Disputes Redressal Commission,

Vazhuthacaud, Thiruvananthapuram, it was also dismissed as

evidenced from Annexure A16 (produced in Crl.M.C.No.5403

of 2020). Thereafter, it appears that the respondent No.3

preferred O.S.No.409 of 2012 before the Additional Sub

Court, Kottayam on 12.07.2012 seeking the same reliefs.

Annexure A17 (produced in Crl.M.C.No.5403 of 2020) would

show that after a full-fledged trial, the suit was dismissed.

The appeal preferred against the suit before this Court was

also dismissed as evident from Annexure A18 (produced in Crl.M.C.Nos. 5403 of 2020 & 1400 of 2023

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Crl.M.C.No.5403 of 2020). The averments in the complaint

and the final report have to be viewed in this backdrop.

9. As stated already, the petitioners are the

employees of the bank who sanctioned loans to the

respondent No.3. It had come out on record that the

respondent No.3 defaulted the loan amount and the private

complaint was filed after the receipt of the demand notice

sent by the bank to realise the loan amount due. The main

allegation against the petitioners in the private complaint as

well as in Annexure A4 final report is that they forged the

signature of the power of attorney holder of respondent No.3

in Annexure A9 series disbursal request forms (produced in

Crl.M.C.No.5403 of 2020). Annexure A9 series (produced in

Crl.M.C.No.5403 of 2020) were sent for scientific

examination. The scientific examination report would show

that, in one of the disbursal request forms, the signature of Crl.M.C.Nos. 5403 of 2020 & 1400 of 2023

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the power of attorney of the respondent No.3 was found to be

not of his. But it is pertinent to note that there is absolutely

no material on record to show that the petitioners were, in

any way, involved in forging the signature. In short, the

materials on record are totally lacking to connect the

petitioners with the said alleged forgery. The bank officials

release the loan amount on the basis of the disbursal request

form signed and submitted by the borrower. When there is no

material on record to show that the petitioners have colluded

with the accused Nos. 3 and 4 in forging the signature of the

borrower, criminal offence cannot be attributed against them,

who are the employees of the bank. There is also allegation

against the petitioners that they disbursed the loan amount

against the terms of the loan agreement without taking note

of the stage of construction. Even if such allegation is

accepted, that will not constitute any of the offences alleged Crl.M.C.Nos. 5403 of 2020 & 1400 of 2023

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against the petitioners. Moreover, the civil case was decided

against the respondent No.3.

For these reasons, I am of the view that no purpose will

be served in proceeding further against the petitioners.

Hence, all further proceedings against the petitioners in

C.C.No.432 of 2019 on the files of the Chief Judicial

Magistrate Court, Kottayam are hereby quashed.

Sd/-

DR. KAUSER EDAPPAGATH, JUDGE APA Crl.M.C.Nos. 5403 of 2020 & 1400 of 2023

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PETITIONER ANNEXURES

ANNEXURE A1 TRUE COPY OF THE APPOINTMENT LETTER DATED 29/9/2005.

ANNEXURE A1(a) TRUE COPY OF THE SALARY SLIP OF THE PETITIONER FOR THE MONTH OF APRIL 2007.

ANNEXURE A2       TRUE COPY OF THE C.M.P.2123/2010 FILED
                  BEFORE        THE       CHIEF        JUDICIAL
                  MAGISTRATE,KOTTAYAM.
ANNEXURE A3       TRUE      CERTIFIED      COPY     OF      THE
                  F.I.R.NO:847/2010.
ANNEXURE A4       CERTIFIED COPY OF THE C.C.432/2019 ON THE

FILE OF THE CHIEF JUDICIAL MAGISTRATE COURT,KOTTAYAM.

ANNEXURE A5 TRUE COPY OF THE LOAN APPLICATION SIGNED BY THE DEFACTO COMPLAINANT AND HIS WIFE. ANNEXURE A6 TRUE COPY OF THE CONSTRUCTION AGREEMENT DATED 07.01.2006 ANNEXURE A7 TRUE COPY OF THE AGREEMENT TO SELL DATED 07.01.2006 EXECUTED BETWEEN THE 3RD RESPONDENT AND METRO CORP INFRASTRUCTURE ANNEXURE A8 THE GENERAL POWER OF ATTORNEY EXECUTED BY THE 3RD RESPONDENT AND HIS WIFE ANU ON 11.01.2006 IN FAVOUR OF PREMNATH B FOR EXECUTING AND COMPLETING THE LOAN FORMALITIES AND TYPED COPY ANNEXURE A9 TRUE COPY OF THE REQUEST FORM ON 03.05.2006 SIGNED BY B.PREMNATH,THE POWER OF ATTORNEY HOLDER ANNEXURE A9(a) TRUE COPY OF THE REQUEST FORM ON 28.11.2006 SIGNED BY B.PREMNATH,THE POWER OF ATTORNEY HOLDER ANNEXURE A9(b) TRUE COPY OF THE REQUEST FORM ON 23.12.2006 SIGNED BY B.PREMNATH,THE POWER OF ATTORNEY HOLDER Crl.M.C.Nos. 5403 of 2020 & 1400 of 2023

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ANNEXUREM A10 THE TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT DATED 28.11.2006 ANNEXURE A11 THE TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT DATED 22.12.06 ANNEXURE A12 TRUE COPY OF THE LOAN ACCOUNT STATEMENT DATED 31.01.2024 ANNEXURE A13 TRUE COPY OF THE NRE ACCOUNT STATEMENT DATED 04.02.2014 ANNEXURE A14 THE TRUE COPY OF THE COMPLAINT IN CC.NO.279/10 FILED BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM KOTTAYAM ANNEXURE A15 THE TRUE COPY OF THE ORDER IN IA NO.868/10 IN CC.NO.279/10 DATED 25.07.2011 ANNEXURE A16 TRUE COPY OF THE JUDGMENT DATED 31.03.12 IN

ANNEXURE A17 TRUE COPY OF THE JUDGMENT IN O.S.NO.490/12 ANNEXURE A18 TRUE COPY OF THE JUDGMENT DATED 10/8/2020 IN R.F.A.

RESPONDENT ANNEXURES

ANNEXURE - R3(a) TRUE COPY OF THE SECTION 13(2) SARFAESI ACT NOTICE (ISSUED BY ICICI BANK KOTTAYAM), DTD. 31/7/2017.

ANNEXURE - R3(b) TRUE COPY OF THE HOME LOAN DOCUMENTATION FOR NRI'S (BETWEEN ICICI KOTTAYAM BRANCH AND R3 JAYPRAKASH BALAKRISHNAN) Crl.M.C.Nos. 5403 of 2020 & 1400 of 2023

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PETITIONER ANNEXURES

Annexure A1 A TRUE COPY OF THE PRIVATE COMPLAINT FILED BY THE 3RD RESPONDENT Annexure A2 A TRUE COPY OF THE FIR REGISTERED AT THE KOTTAYAM EAST POLICE STATION NO 847/2010 DT. 19/08/2010 Annexure A3 A TRUE COPY OF THE ORDER OF THE HON‘BLE HIGH COURT OF KERALA IN CRL. M.C NO. 2614 OF 2014 DATED 10/07/2018 Annexure A4 CERTIFIED COPY OF THE FINAL REPORT NUMBERED AS C.C NO. 539/2019 DT. 03/01/2019 OF THE CHIEF JUDICIAL MAGISTRATE COURT, KOTTAYAM Annexure A5 A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN RFA 330/2015 DATED 10/08/2020