Sunday, 5 August 2012

Auto loan fraud judgment - Bail Granted




Citation Name  : 2012  PLD  225     KARACHI-HIGH-COURT-SINDH
  Side Appellant : MUHAMMAD MURAD ALI USMANI
  Side Opponent : State




S. 497(2)---Penal Code (XLV of 1860), Ss.409/419/420/468/471/ 109/34---Criminal breach of trust by banker, cheating by personation, cheating and dishonestly inducing delivery of property, forgery for purpose of cheating, using as genuine a forged document, abetment--Bail, grant of---Further inquiry---auto loan s allegedly sanctioned on bogus documents---Auction of repossessed vehicles at minmal price--Inquiry conducted after lodging of F.I.R. revealed hundreds of cases of alleged offences committed in the main branch of the Bank and that of the accused, but second supplementary challan submitted by Federal Investigation Agency showed that only six auto loan defaults were related to the branch of the accused bank officer---Perusal of second supplementary challan showed that a maximum of two auto loan s were processed and signed by the accused along with his co-accused in his branch, and with regard to one of these loan s, Bank had already acquired a decree in its favour for the recovery suit that it filed against the borrower/defaulter---With respect to the second auto loan , accused had jointly signed it with the other co-accused who either had been let off or had not been sent for trial or had absconded---Case of accused required further probe into the matter entitling him to grant of Accused was allowed bail accordingly. 

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