M/S.Dcb Bank Limited v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 16.10.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.OP.No.20458 of 2015 M/S.DCB BANK LIMITED, REP. BY ITS LEGAL MANAGER MR.M.KRISHNAN NO.6 RAJAJI ROAD, NEAR TENNIS STADIUM, NUNGAMBAKKAM, CHENNAI-34.

.. PETITIONER Vs STATE BY INSPECTOR OF POLICE, CENTRAL CRIME BRANCH, CHENNAI.

.. RESPONDENT Criminal Original Petition filed under Section 482 of Cr.P.C., praying to direct the respondent herein to investigate and file the final report in Crime No.577 of 2012 on the file of the respondent police within three months. For Petitioner : Mr.Sunder Mohan For Respondent : Mr.C.Emalias, APP

O R D E R

This petition has been filed to direct the respondent herein to investigate and file the final report in Crime No.577 of 2012 on the file of the respondent police within three months.

2. Heard the learned counsel for the petitioner; learned Additional Public Prosecutor appearing for the respondent and perused the materials placed on record.

3. Today, the respondent police have filed an Additional Status Report, wherein, in paragraph Nos.8, 9, 10 and 11, it is stated as follows: "8. I submit that in order to complete the investigation, the respondent police have to do the following. - still some more witnesses have to be examined. - still more documents have to be collected from various levels and have to verify the same.

- specimen signatures of the accused persons have to be sent it to handwriting expert for getting opinion.

9. Only after completion of the investigation, we will be able to proceed further and lay a final report in accordance with law.

10. It is submitted that then, I have examined around 11 witnesses and recorded their statements and came to know that the involvement of the accused persons [A1 to A3] and their forgery. It is pertinent to note that so far four notices were sent by the respondent police on various dates such as 16.09.15, 01.10.15, 05.10.15 & 08.10.15, to the complainant's bank staffs i.e. Loan Sanction Manager, Loan Process Manager, Appraiser, Legal Officer in order to appear for enquiry. But, till date, they never turned up for enquiry. Hence, I am unable to proceed further in this case.

11. It is submitted that in order to complete the investigation, the respondent police have to do the following. - the above said complainant's bank staffs have to be examined. - awaiting for opinion from the handwriting expert."

4. In view of the above, this Court directs the respondent police to expeditiously complete the investigation and file a final report. The de facto complainant shall also co-operate with the police for completing the investigation. With the above direction, this petition is closed. 16.10.2015 gya To 1.THE INSPECTOR OF POLICE, CENTRAL CRIME BRANCH, CHENNAI.

2.THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

P.N.PRAKASH, J.

gya CRL.OP.No.20458 of 2015 16.10.2015