M/S.Pawan Integrated Solutions v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.10.2022
CORAM
THE HONOURABLE MR.JUSTICE V.SIVAGNANAM 1.M/s.Pawan Integrated solutions, Rep.by its Partner Varadha Babu No.16, Flat F3, MMTC Colony, 2nd Main Road, Nanganallur, Chennai - 600 061.
2.Varadha Babu 3.Ramesh ...
Petitioners in Crl.O.P.No.24243 of 2022 1.State Represented by, The Inspector of Police, Team XXXI, Central Crime Branch, Chennai.
2.The Federal Bank, Rep.by its Asst. Vice President and Branch Head, The Federal Bank Ltd., Mount Road Branch, Chennai - 600 002.
...
Respondents in Crl.O.P.No.24243 of 2022
1.M/s.Swastik Associates, Rep.by its Partners, Anaiyaraja & Bijesh, Having office at, No.16, MMTC Colony, Nanganallur, Chennai - 600 061.
2.Anaiyaraja 3.Bijesh 4.M/s.RK Trading Company, Rep.by its Partner Ravindran, No.10, Jawaharlal Flats, No.4, Karnesswarar Koil 1st Street, Mylapore, Chennai - 600 004.
5.Ramesh ...
Petitioners in Crl.O.P.No.24240 of 2022 /vs/ 1.State Represented by, The Inspector of Police, Team XXXI, Central Crime Branch, Chennai.
2.The Federal Bank, Rep.by its Asst. Vice President and Branch Head, The Federal Bank Ltd., Mount Road Branch, Chennai - 600 002.
...
Respondents in Crl.O.P.No.24240 of 2022 Prayer : These Criminal Original Petitions have been filed under Section 482 Cr.P.C.to call for records relating to Cr.Nos.135 & 134 of 2020 on the file of the 1st respondent police and quash the same.
For Petitioners in ... Mr.C.Mohana Krishnan both Crl.O.Ps.
For Respondent ... Mr.E.Raj Thilak No.1 in both Additional Government Pleader Crl.O.Ps.
COMMON ORDER These Criminal Original Petitions have been filed to call for records relating to Cr.Nos.135 & 134 of 2020 on the file of the 1st respondent police and quash the same.
2.The learned counsel for the petitioners contended that complaints have been lodged against the petitioners and the respondent police registered cases in Crime Nos.135 & 134 of 2020. The petitioners obtained cash credit and term loan from the complainant bank, which was repaid to the bank by them. To that effect, the bank officials had also written a letter and closed their accounts. Under these circumstances, since the petitioners repaid the amount, what they have borrowed from the complainant bank, nothing remains for investigation and the FIRs have to be closed.
3.The learned Additional Public Prosecutor appearing for the first respondent submitted that the cases are under investigation. 4.I have considered the submissions made by the learned counsel for the petitioners as well as the learned Additional Public Prosecutor for the first respondent.
5.On perusal of the records, it reveals the fact that the Manager of the defacto complainant Bank/The Federal Bank, gave complaints to the respondent police dated 06.11.2019 &17.02.2020 and on receiving the complaints, the cases in Crime Nos.135 & 134 of 2020 have been registered for the offences punishable under Sections 120 B, 420, 465, 468 & 471 IPC & 120 B, 420, 465, 467, 468 & 471 IPC respectively. On reading the averment made in the FIRs, it reveals the fact that (i) the petitioners approached the complainant's bank/The Federal Bank and availed cash credit of Rs.200 crores and term loan of Rs.260 lakhs, for that, they produced fabricated no due certificate issued by Kotak
Mahindra Bank and in this regard, the Kotak Mahindra Bank denied stating that no due certificate produced by the petitioners to the complainant bank was not a genuine one.
(ii) the petitioners fabricated book debts statement as so certified by S.Balaji, Chartered Accountant. The Chartered Accountant S.Balaji has not given that certificates.
(iii) further the borrower's loan claim so as to purchase 8 Tata LPS 4018 vehicles have not been purchased. However, they produced 8 registration certificates of vehicles to the bank. On verification with the Transport Department records, it was found that the registration certificates are forged one and apart from that, they have neither purchased trailers nor it was delivered by R.K.Trading Company. On verification, it is found that they have availed the said credit facilities by way of cheating the complainant's bank by committing forgery colluding with M/s.R.K.Trading Company. They obtained bank loan and credit facilities towards which they are due to pay Rs.2,05,88,920.56/-. Though repaid the amount, the
fabrication of records, cheating the bank and creating false documents, amounts to criminal offence, and it has to be investigated. On reading of F.I.Rs, prima facie cognizable offence of serious nature is disclosed. Therefore, it has to be investigated to find out the truth and therefore, it does not meet the parameters laid down by the Supreme Court in State of Haryana vs. Ch.BhajanLal (AIR 1992 SC 604), M/s Neeharika Infrastructure Pvt. Ltd. Vs. State of Maharashtra and others (2021 SCC online 315) & PRATIBHA RANI Vs.SURAJ KUMAR & ANR (1985 Crl.L.J.817). Therefore I find no merit in the present petition. Accordingly, the criminal original petitions are dismissed. Index : Yes/No Internet : Yes/No sms 17.10.2022 To 1.The Inspector of Police, Team XXXI, Central Crime Branch, Chennai.
2.The Public Prosecutor, High Court, Madras.
V.SIVAGNANAM ,J.
sms 17.10.2022