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Madras High CourtCRL OP(MD)/1696/2019disposed of

K. Venkatesh @ Chandru v. The Inspector Of Police,

2019-04-30Honourable Mr Justice M.Dhandapani4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.04.2019

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI Crl.O.P.(MD)No.1696 of 2019 and Crl.M.P.(MD)Nos.898 & 3868 of 2019 & Crl.O.P.(MD)No.203 of 2019 and Crl.M.P.(MD)No.59 of 2019 K.Venkatesh @ Chandru ... Petitioner in Crl.O.P.(MD)No.1696/2019 1.M/s.National Bulk Handling Corporation Private Ltd., Corporate Office, Rep. by its Chairman Dr.Vijay Kelkar, 7th Floor, 'A' Wing, Dynasty Business Park, Andherikurla Road, Chakala, Andheri (East), Mumbai - 400 059.

2.Dr.Vijay Kelkar 3.Anil K.Choudhary 4.Mr.Maninder Sing Juneja 5.Mr.Vaibhavgujjar 6.Mr.Rajkamal Shah ... Petitioners in Crl.O.P.(MD)No.203/2019 Vs.

1.State rep through The Inspector of Police, Virudhunagar District ...1st Respondent in Crl OP(MD) No.1696 of 2019 2.State Rep. by The Sub-Inspector of Police,

(Crime No.11 of 2018) ... 1st Respondent in Crl OP(MD)No.203 of 2019 3.N.Anantha Krishnan, The Branch Manager, Lakshmi Vilas Bank, Rajapalayam, Virudhunagar District.

... 2nd Respondent in Crl.O.P.(MD)No.1696/2019 4.The Branch Manager, Lakshmi Vilas Bank, Rajapalayam, Virudhunagar District.

... 2nd Respondent in Crl.O.P.(MD)No.203/2019 Prayer in Crl OP(MD)No.1696 of 2019:- Criminal Original Petitions are filed under Section 482 of the Code of Criminal Procedure, to call for the entire records connected with the proceedings in Crime No.11 of 2018, pending on the file of the first respondent Police and quash the same as illegal.

Prayer in Crl OP(MD)No.203 of 2019:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to quash the FIR in Crime No.11 of 2018 on the file of the Respondent in sofar as the persons arrayed as accused No.1 to 4 and accused 11 and 13.

For Petitioner : Mr.C.Ramesh in Crl.O.P.(MD)No.1696/2019 For Petitioners in Crl.O.P.(MD)No.203/2019 : Mr.B.Vijay Karthikeyan For R1 : Mr.S.Chandrasekar in both the Crl.O.Ps. Additional Public Prosecutor For R2 : Mr.N.Ilango in both the Crl.O.Ps.

COMMON ORDER These Criminal Original Petitions have been filed seeking to quash the proceedings in Crime No.11 of 2018, pending on the file of the first respondent police.

2.The case of the prosecution is that M/s.National Bulk Handling Corporation Private Ltd. and its Executive Officials including the Directors, Managers and the employees of NBHC

conspired together with the Borrowers / Clients and created bogus documents in order to commit fraud on the Bank, thereby, caused huge financial loss to the de-facto complainant Bank. 3.I have heard the learned counsel appearing for the petitioners, de-facto complainant, the learned Additional Public Prosecutor appearing for CBI Cases and they submitted that since the Lakshmi Vilas Bank is a scheduled Bank, it is coming under the purview of Reserve Bank guidelines. But, this case was wrongly referred to the State Law Enforcing Agency, in which, A1 to A4, A11, A12 and A18 filed quash petitions before this Court and therefore, it would be appropriate to transfer the case to CBI directing them to conduct preliminary investigation.

If the preliminary investigation reveals a prima facie case against the accused persons, the CBI may take appropriate action. 4.The learned Special Public Prosecutor appearing for CBI cases also submitted that a similar type of Bank fraud case has already been referred to the CBI, for investigation and he has no objection for the case being transferred to the CBI for fresh investigation. 5.In view of the above said submission, without expressing any opinion on the merits of the matter, this Court directs the State Law Enforcing Agency to transfer the complaint to the CBI, for fresh investigation. Therefore, the State Law Enforcing Agency is directed to hand over the entire papers to the CBI to enable them to conduct fresh investigation. Hence, the interim stay granted by this Court on 12.03.2019 in Crl.M.P.(MD)No.898 of 2019 in Crl.O.P. (MD)No.1696 of 2019 shall stand vacated.

6.In the result, these Criminal Original Petitions are disposed of. Consequently, Crl.M.P.(MD)No.898 of 2019 in Crl.O.P.(MD)No.1696 of 2019 is dismissed, Crl.M.P.(MD)No.3868 of 2019 in Crl.O.P.(MD) No.1696 is allowed and Crl.M.P.(MD)No.59 of 2019 in Crl.O.P.(MD) No.203 of 2019 is closed. However, liberty is granted to the petitioners to place all the relevant materials before the CBI, for the purpose of fresh investigation.

Sd/- Assistant Registrar (W) // True Copy // Sub Assistant Registrar(CS) To 1.The Sub-Inspector of Police,

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

3.The Special Public Prosecutor for CBI Cases, Madurai Bench of Madras High Court, Madurai.

4.The Inspector of Police, +1cc to Mr.B.VIJAY KARTHIKEYAN,Advocate, SR.No. 64733 +2cc to M/S.NIAN ASSOCIATES, Advocate, SR.No. 64854,64853 Crl.O.P.(MD)Nos.1696 and 203 of 2019 30.04.2019 SMN2 KK/SAR/03.06.2019/4P-8C