Madras High CourtCRL OP/23363/2013closed

Icici Bank Limited v. R.Subramanian

2022-02-04Honourable Mr Justice V. Bharathidasan8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.02.2022

CORAM:

THE HON'BLE MR.JUSTICE V. BHARATHIDASAN Crl.O.P.Nos.23363, 25779 & 25780 of 2013, 21929 to 21935, 25438, & 27802 to 27804 of 2015 and M.P. Nos. 1 and 2 of 2013, & 1 and 2 of 2015, CRL.O.P.No.23363 of 2013:-

1. ICICI BANK LIMITED, BANDRA KURLA COMPLEX, MUMBAI-400 051.

2. MR.P.ANANDA KRISHNA KUMAR ICICI BANK LTD., 4TH FLOOR WEST WING, PLOT NO.24, AMBATTUR INDUSTRIAL ESTATE, CHENNAI-600 058.

... Petitioners in Crl.O.P.No.23363/2013 CRL OP No.25779 of 2013:- 1 HDFC BANK LTD, REP.BY ITS MANAGING DIRECTOR, MR.SHRI ADITYA PURI, (REP.BY K.N.PRAKASH NARAYANAN) HDFC BANK HOUSE, SENAPATI BAPAT MARG, LOWER PAREL, MUMBAI.

2 SHRI K.N.PRAKASH NARAYANAN, SENIOR MANAGER, REMEDIAL MANAGEMENT UNIT, HDFC BANK, 30, CENOTAPH ROAD, TENAMPET, CHENNAI-600 018.

CRL OP No.25780 of 2013:- 1 HDFC BANK LTD, REP.BY ITS MANAGING DIRECTOR, MR.SHRI ADITYA PURI, (REP.BY K.N.PRAKASH NARAYANAN) HDFC BANK HOUSE, SENAPATI BAPAT MARG, LOWER PAREL, MUMBAI.

2 SHRI K.N.PRAKASH NARAYANAN, SENIOR MANAGER, REMEDIAL MANAGEMENT UNIT, HDFC BANK, 30, CENOTAPH ROAD, TENAMPET, CHENNAI-600 018.

CRL OP No.21929 of 2015:- 1 ICICI BANK LIMITED, REP BY ITS CHIEF MANAGER, MR.SHANKAR BALASUBRAMANIAM, BANDRA KURLA COMPLEX MUMBAI - 400 051.

2 MR.S.KARTHIKEYAN, S/O.MR.SIVARAMAN, 205, BLOCK 18 B, BOLLINENI HILL SIDE, NOOKAMPALAYAM, CHENNAI - 600 126.

CRL OP No.21930 of 2015:- 1 ICICI BANK LIMITED, REP BY ITS CHIEF MANAGER, MR.SHANKAR BALASUBRAMANIAM, BANDRA KURLA COMPLEX MUMBAI - 400 051.

2 MR.K.R.S.VARADHAN, S/O.MR.K.V.RAMABHADRAN, A1, CAUVERY APARTMENTS, BHAKTHAPURI STREET, KUMBAKONAM - 612 001.

CRL OP No.21931 of 2015:- 1 ICICI BANK LIMITED, REP BY ITS CHIEF MANAGER, MR.SHANKAR BALASUBRAMANIAM, BANDRA KURLA COMPLEX MUMBAI - 400 051.

2 MR.K.R.S.VARADHAN, S/O.MR.K.V.RAMABHADRAN, A1, CAUVERY APARTMENTS, BHAKTHAPURI STREET, KUMBAKONAM - 612 001.

CRL OP No.21932 of 2015:- 1 ICICI BANK LIMITED, REP BY ITS CHIEF MANAGER, MR.SHANKAR BALASUBRAMANIAM, BANDRA KURLA COMPLEX MUMBAI - 400 051.

2 MR.N.ANANDA KUMAR, S/O.MR.NARAYANAN, ASSISTNAT GENERAL MANAGER, ICICI BANK TOWERS, 4TH FLOOR WEST WING, PLOT NO.24, AMBATTUR INDUSTRIAL ESTATE CHENNAI - 600 058.

CRL OP No.21933 of 2015:- 1 ICICI BANK LIMITED, REP BY ITS CHIEF MANAGER, MR.SHANKAR BALASUBRAMANIAM, BANDRA KURLA COMPLEX MUMBAI - 400 051.

2 MR.K.R.S.VARADHAN, S/O.MR.K.V.RAMABHADRAN, A1, CAUVERY APARTMENTS, BHAKTHAPURI STREET, KUMBAKONAM - 612 001.

CRL OP No.21934 of 2015:- 1 ICICI BANK LIMITED, REP BY ITS CHIEF MANAGER, MR.SHANKAR BALASUBRAMANIAM, ICICI BANK TOWERS, BANDRA KURLA COMPLEX, MUMBAI - 400 051.

2 MR.K.R.S.VARADHAN, S/O.MR.K.V.RAMABHADRAN, A1, CAUVERY APARTMENTS, BHAKTHAPURI STREET, KUMBAKONAM - 612 001.

CRL OP No.21935 of 2015:- 1 ICICI BANK LIMITED, REP BY ITS CHIEF MANAGER, MR.SHANKAR BALASUBRAMANIAM, BANDRA KURLA COMPLEX MUMBAI - 400 051.

2 MR.K.R.S.VARADHAN, S/O.MR.K.V.RAMABHADRAN, A1, CAUVERY APARTMENTS, BHAKTHAPURI STREET, KUMBAKONAM - 612 001.

CRL OP No.25438 of 2015:- 1 ICICI VENTURE FUNDS MANAGEMENT COMPANY LTD., REP. BY ITS MANAGING DIRECTOR, MS.VISHAKA MULYE, ICICI TOWERS, STANROSE HOUSE, GROUND FLOOR, APPA SAHEB MARATHE MARG, PRABHADEVI, MUMBAI - 400 051.

2 RENUKA RAMNATH, D-4701/2, FLOOR 47, ASHOK TOWER, NO.63/74, DR.S.S.RAO MARG, PAREL, MUMBAI - 400 012.

CRL OP No.27802 of 2015:- RAJEEV BAKSHI S/O.BALKRISHNA BAKSHI, SANGHI RESIDENCY, 12TH FLOOR, TTA, PALKI LANE, OFF CADELL ROAD, PRABHADEVI, MUMBAI-400 025 MAHARASHTRA INDIA.

... PETITIONER

CRL OP No.27803 of 2015:- 1 ICICI VENTURE FUNDS MANAGEMENT COMPANY LTD., REP. BY ITS MANAGING DIRECTOR, MS.VISHAKA MULYE, ICICI TOWERS, STANROSE HOUSE, GROUND FLOOR, APPA SAHEB MARATHE MARG, PRABHADEVI, MUMBAI - 400 051.

2 RENUKA RAMNATH, D-4701/2, FLOOR 47, ASHOK TOWER, NO.63/74, DR.S.S.RAO MARG, PAREL, MUMBAI - 400 012.

CRL OP No.27804 of 2015:- RENUKA RAMNATH, D-4701/2, FLOOR 47, ASHOK TOWER, NO.63/74, DR.S.S.RAO MARG, PAREL, MUMBAI - 400 012.

MAHARASHTRA, INDIA.

... PETITIONER

Versus

R.Subramanian, S/o. G.S.Ramaswami ... Respondent in all Crl.O.P.s PRAYER in Crl.O.P.No.23363 of 2013 : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for records in E.O.C.C.No. 115 of 2013 on the file of the Hon'ble Addl. Chief Metropolitan Magistrate Court, E.O.W.I, Egmore, Chennai and quash the same as against the petitioner. Prayer in CRL OP No.25779 of 2013:- Criminal Original Petition filed under Section 482 of the code of Criminal Procedure, to call for the records in EOCC.136/2013 on the file of the Chief Metropolitan Magistrate Court, E.O.W.I, Egmore, Chennai and Quash the same as against the petitioner. Prayer in CRL OP No.25780 of 2013:- Criminal Original Petition filed under Section 482 of the code of Criminal Procedure, to call for the records in EOCC.

137/2013 on the file of the Chief Metropolitan Magistrate Court, E.O.W.I, Egmore, Chennai and Quash the same as against the petitioner. Prayer in CRL OP No.21929 of 2015:- Criminal Original Petition filed under Section 482 of the code of Criminal Procedure, to call for the records in C.C.No.139/2013 on the file of the Additional Chief Metropolitan Magistrate Court, E.O.W.I, Egmore, Chennai and Quash the same as against the petitioner.

Prayer in CRL OP No.21930 of 2015:- Criminal Original Petition filed under Section 482 of the code of Criminal Procedure, to call for the records in C.C.No.129/2013 on the file of the Additional Chief Metropolitan Magistrate Court, E.O.W.I, Egmore, Chennai and Quash the same as against the petitioner.

Prayer in CRL OP No.21931 of 2015:- Criminal Original Petition filed under Section 482 of the code of Criminal Procedure, to call for the records in C.C.No.127/2013 on the file of the Additional Chief Metropolitan Magistrate Court, E.O.W.I, Egmore, Chennai and Quash the same as against the petitioner.

Prayer in CRL OP No.21932 of 2015:- Criminal Original Petition filed under Section 482 of the code of Criminal Procedure, to call for the records in C.C.No.138/2013 on the file of the Additional Chief Metropolitan Magistrate Court, E.O.W.I, Egmore, Chennai and Quash the same as against the petitioner.

Prayer in CRL OP No.21933 of 2015:- Criminal Original Petition filed under Section 482 of the code of Criminal Procedure, to call for the records in C.C.No.130/2013 on the file of the Additional Chief Metropolitan Magistrate Court, E.O.W.I, Egmore, Chennai and Quash the same as against the petitioner.

Prayer in CRL OP No.21934 of 2015:- Criminal Original Petition filed under Section 482 of the code of Criminal Procedure, to call for the records in C.C.No.126/2013 on the file of the Additional Chief Metropolitan Magistrate Court, E.O.W.I, Egmore, Chennai and Quash the same as against the petitioner.

Prayer in CRL OP No.21935 of 2015:- Criminal Original Petition filed under Section 482 of the code of Criminal Procedure, to call for the records in C.C.No.128/2013 on the file of the Additional Chief Metropolitan Magistrate Court, E.O.W.I, Egmore, Chennai and Quash the same as against the petitioner.

Prayer in CRL OP No.25438 of 2015:- Criminal Original Petition filed under Section 482 of the code of Criminal Procedure, to call for the records in C.C.No.193/2012, renumbered as C.C. No.123 of 2013 on the file of the Additional Chief Metropolitan Magistrate Court, E.O.W.I, Egmore, Chennai and Quash the same as against the petitioner. Prayer in CRL OP No.27802 of 2015:- Criminal Original

Petition filed under Section 482 of the code of Criminal Procedure, to call for the records in C.C.No.200/2012, renumbered as C.C. No.125 of 2013 on the file of the Additional Chief Metropolitan Magistrate Court, Egmore, Chennai and Quash the same as against the petitioner.

Prayer in CRL OP No.27803 of 2015:- Criminal Original Petition filed under Section 482 of the code of Criminal Procedure, to call for the records in C.C.No.191/2012, renumbered as C.C. No.122 of 2013 on the file of the Additional Chief Metropolitan Magistrate Court, Egmore, Chennai and Quash the same as against the petitioner.

Prayer in CRL OP No.27804 of 2015:- Criminal Original Petition filed under Section 482 of the code of Criminal Procedure, to call for the records in C.C.No.199/2012, renumbered as C.C. No.124 of 2013 on the file of the Additional Chief Metropolitan Magistrate Court, Egmore, Chennai and Quash the same as against the petitioner.

For Petitioners in Crl.O.P.

No. 23363 of 2013 :

Mr. Shivakumar & Suresh For Petitioners in Crl.O.P.

Nos.25779 & 25780 of 2013 :

Mr. S.Patrick For Petitioners in Crl.O.P.

Nos.21929 to 21935 of 2015 :

Mr.Shivakumar & Suresh For Petitioners in Crl.O.P.Nos.25438, 27802 to 27804 of 2015 : Mr. Krishna Srinivasan for M/s.S.Ramasubramaniam Mr.R.Subramaniam For Respondent in all Crl.O.P.s:

Party in person C O M M O N O R D E R (These cases have been heard through video conference) Today, when these Criminal Original Petitions are taken up for hearing, Mr. R.Subramanian, respondent appeared party-inperson, submitted that, all the complaints, which are pending before the Addl. Chief Metropolitan Magistrate, E.O.W.I, Egmore, Chennai have been withdrawn and the learned Magistrate also

passed an order permitting the petitioner to withdraw the complaints on 31.01.2022. Hence, these Criminal Original Petitions may be closed.

2. Mr.Krishna Srinivasan, learned counsel appearing for petitioners in Crl.O.P.Nos. 27802 to 27804 of 2015 has also confirmed the fact that, all the complaints have been withdrawn.

3. Considering the fact that, all the complaints pending before the learned Addl. Chief Metropolitan Magistrate, E.O.W.I, Egmore, Chennai have been withdrawn, nothing survives for further adjudication in these petitions, and these Criminal Original Petitions are liable to be closed. Accordingly, these Criminal Original Petitions are closed. Consequently, the connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar rpp To:

1. The Chief Metropolitan Magistrate Court, Egmore, Chennai.

2. The Additional Chief Metropolitan Magistrate Court, E.O.W.I, Egmore, Chennai.

+1cc to M/s.Shivakumar & Suresh, Advocate, S.R.No.7608 +1cc to M/s.S.Patrick, Advocate, S.R.No.7490 Crl.O.P.Nos.23363, 25779 & 25780 of 2013, 21929 to 21935, 25438, & 27802 to 27804 of 2015 JP-II(CO) SU(04/03/2022)