Madras High CourtCRL OP/26000/2018allowed

R.Lakshmi Narayanan, v. State By,

2020-03-10Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.03.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.26000 of 2018

1. R.Lakshmi Narayanan ..Petitioner/Accused 5

2. V.Vivekanandan ..Petitioner/Accused 6 Vs.

1.State by, The Inspector of Police, Central Crime Branch Bank Fraud Team XII, Vepery, Chennai - 7.

(Crime No.357 of 2007) ..Respondent/Complainant

2. The Regional Manager Risk Containment Unit ICICI Bank Ltd., ICICI Towers, 93, Santhome High Road, Chennai - 600 028.

..Respondent/Defacto Complainant PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records in C.C.No.9808 of 2017, pending on the file of the Metropolitan Magistrate, CCB Cases and CBCID (Metro Cases), Allikulam, Chennai and quash the same as far as the petitioners are concerned.

For Petitioners : M/s.T.Dharani For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor for R1.

Mr.K.Moorthy for R2.

ORDER

This Criminal Original Petition has been filed to call for the records in C.C.No.9808 of 2017, pending on the file of the Metropolitan Magistrate, CCB Cases and CBCID (Metro Cases), Alikulam, Chennai and quash the same as far as the petitioners are concerned.

2. The petitioners herein are Chartered Accountants by profession and they have obtained a loan for a sum of Rs.1,00,00,000/- from ICICI Bank, Salem Branch and failed to

repay the same. The defacto complainant/ICICI Bank had lodged a complaint before the first respondent and the first respondent after detailed investigation filed a charge sheet before the learned Metropolitan Magistrate for CCB & CBCID cases for offences u/sec.120(B), 419, 467, 468, 471, 420 IPC and filed a final report in C.C.No.9808/2017 and issued summons to all the accused.

3. Thereafter by letter dated 13.03.2018, ICICI Bank branch manager has addressed a letter to the petitioners stating that outstanding dues for a sum of Rs.1,00,00,000/- (Rupees One Crore Only) has been repaid as One Time Settlement according to the terms and conditions and the same has been closed on the basis of one time settlement. The said letter has been extracted hereunder;

Closure of credit facility consequent to onetime settlement Dear M/s.Krishna Traders, Greetings from ICICI Bank.

This is to certify that outstanding dues for the credit facility of Rs.100000000/- availed from ICICI Bank (One Time Settlement) represented by Krishna Traders has been repaid according to the terms and conditions indicated in the one-time settlement letter dated February 2, 2018 and the loan account 611905036302 for the One Time Settlement has been closed on the basis of this one time settlement.

We accordingly request you to take steps for filing necessary statutory Form No.17 with the concerned Registrar of Companies within the time as stipulated in law, for satisfying the morgage and/or charge securing the Facility ("Unbanked PDCs"), please make a request for their return within 30 days from the issuance of this letter. We also request you to note that if we do not receive such a request, the unbanked PDCs in our possession shall be destroyed without any further notice and the Bank will have no obligation to return them to you.

For any clarification or more information, you may write to us at customer.care@icicibank.com from your registered e-mail ID or call our Customer Care between 8.00 a.m. to 8.00 p.m.

Alternatively, you may visit your nearest ICICI bank Asset Servicing Branch.

Looking forward to more opportunities to be of service to you.

4. Recording the above letter, C.C.No.9808/2017 on the file of the Metropolitan Magistrate, CCB Cases and CBCID

(Metro Cases), Allikulam, Chennai has been quashed and the present Criminal Original Petition stands allowed. Sd/- Assistant Registrar(ADI MDU) //True copy// Sub Assistant Registrar kmm To 1.State of Tamil Nadu, The Inspector of Police, Central Crime Branch Bank Fraud Team XII, Vepery, Chennai - 7.

(Crime No.357 of 2007)

2. The Regional Manager Risk Containment Unit ICICI Bank Ltd., ICICI Towers, 93, Santhome High Road, Chennai - 600 028.

3.The Public Prosecutor, High Court, Madras.

Copy To The Section Officer, Criminal Section, High Court, Madras +1cc to M/s.T.Dharani, Advocate SR.No.22126 +1cc to Mr.G.Arulmurugan, Advocate SR.No.21312 Crl.O.P.No.26000 of 2018 VSN II(CO) GMY(27/07/2020)