Subha Jakkanwar vs State of Chhattisgarh (High Court Chhattisgrh)
An Advocate cannot be prosecuted for criminal offences for non-exhibiting greater professional care and competence while submitting non-encumbrance certificate to a Bank.
FULL TEXT OF THE HIGH COURT ORDER /JUDGEMENT
1. The short question that emanates for consideration is, whether an Advocate acting professionally and in discharge of his / her professional duty renders an opinion by giving nonencumbrance certificate to bank for granting loan to a borrower certifying that he has legal and marketable title over the land in question free from all encumbrances and subsequently, the same is found to be nonacceptable / untrue, can be prosecuted / criminally liable for offence punishable under Sections 420, 467, 468, 471 & 120B of the IPC for nonexhibiting greater professional care and competence?
2. The abovestated question arises on the following factual background:
3. Ten borrowers namely, Santuram Netam, Mahaveer Nirmalkar, Pawan Kumar Patel, Toran Lal Netam, Hemkaran Patel, Nileshwar Patel, Chandrashekhar Nishad, Kanti Sahu, Keshoram Patel and Yashuram Patel made application to the Branch Manager, Dena Bank, Pulgaon Chowk Branch, Durg under the scheme of Kisan Credit Card for granting loan on which the concerned Bank requisitioned nonencumbrance certificate from the petitioner herein who was an empaneled Advocate of Dena Bank on that day and on 7122015, the petitioner certified qua the lands held by the borrowers that they have clear, marketable title to the property free from all encumbrances against which they had applied for loan and accordingly, they were granted loan under the said scheme to the following extent:
