Punjab-Haryana High Court
Chandan Madan vs State Of Punjab And Another on 6 November, 2023
2023:PHHC:141059
140
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Cri. Misc. No. M-55376 of 2023
Chandan Madan
eens Petitioner
versus
State of Punjab and another
eee Respondents
Crl. Misc. No. M-55551 of 2023
Chandan Madan
eens Petitioner
versus
State of Punjab and another
eee Respondents
Date of Decision: November 06, 2023
CORAM: HON'BLE MR.JUSTICE HARPREET SINGH BRAR
kK
Present:- Mr. Nupur Sood, Advocate
for the petitioner
Mr. Mohit Thakur, AAG Punjab
3K 2k 3k
Harpreet Singh Brar, J. (Oral)
1. Both the petitions are being decided by the common judgment as the
issue involved in both these petitions is common. However, the facts are borrowed
from CRM-55376-2023.
2. Learned counsel for the petitioner contends that the petitioner is not
named in the FIR and as per Annexure P-2 his role is only to the extent of visiting
the customers residence as per the KYC details and verifying the addresses to the
best of his ability and his role was only at the initial stage when the loan was
REENA
2023.11.06 18:07
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integrity of this order/ judgment
Chandigarh
2023:PHHC:141059
Crl. Misc. No. M-55551 of 2023
applied. Thereafter, he has absolutely no concern with regard to approval and
disbursement of the loan amount. The petitioner as a Relationship Manager has
not recommended the advancement of loan to any customer. The authenticity of
the title deeds and revenue record as well as the site was duly verified by the
Advocates on the panel of the Bank. As such the petitioner has been falsely
implicated and for all intents and purposes the petitioner is not liable for any fraud
or misappropriation committed with the Bank. Learned counsel for the petitioner
further contends that the petitioner joined with the HDFC Bank as Relationship
Manager in August 2013 and he has unblemished record. Learned counsel for the
petitioner further relies upon order dated 27.08.2019 passed by this Court in CRM-
M-35006-2019 in which one of the panel Advocate was granted interim relief and
proceedings in FIR in question was ordered to be stayed qua the petitioner therein.
3. Per contra learned State counsel on instructions from HC Rajwinder
Singh disputes the factual position and contends that after a detailed investigation
challan has been presented on 08.01.2018 and the charges were framed on
13.06.2019. There are 20 PWs and 02 PWs have been already been examined and
next date is 10.11.2023 and the role of the petitioner has surfaced during the
investigation and, therefore, he has been rightly sent for trial in the final report
presented under Section 173 Cr.P.C.
4. Having heard learned counsel for the parties and by perusing the
record of the case. The petitioner has also sought quashing of the impugned order
dated 13.06.2019 (Annexure P-9) vide which the charges have been framed by the
learned trial Court against the present petitioner under Section 420, 465, 467, 471,
201 and 120-B IPC.
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2023.11.06 18:07
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2023:PHHC:141059
Crl. Misc. No. M-55551 of 2023
5. This Court does not find any merit in the arguments raised by the
learned counsel for the petitioner. This Court is unable to return a finding on the
disputed facts raised in the present petition. The complicity of the petitioner, if at
all, is made out or not would be a moot point to be decided by the trial Court on the
basis of evidence adduced before it during the course of the trial. Moreover, the
satisfaction which is required for framing of the charges is not based upon the
adequacy and sufficiency of the matériel collected during the trial. As such there
is no infirmity in order dated 13.06.2019 vide which the charges were framed.
6. In view of the above, the petitions are devoid of any merit and are
dismissed.
7. A photocopy of this order be placed on the file of connected case.
(HARPREET SINGH BRAR)
JUDGE
November 06, 2023
PECRA
Whether speaking/reasoned : Yes/No
Whether Reportable : Yes/No
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2023.11.06 18:07
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