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2013 Supreme(SC) 1046

R.M.Lodha, Shiva Kirti Singh
TAMIL NADU MERCANTILE BANK LTD. – Appellant
Versus
STATE THROUH DEPUTY SUPERINTENDENT OF POLICE – Respondent


JUDGMENT

SHIVA KIRTI SINGH, J

Leave granted.

2. By the common judgment and order dated 17.9.2009 in CRLOP No.12646/2007 and 18297/2009, the learned Single Judge of the Madras High Court has allowed two petitions both under Section 482 of the Code of Criminal Procedure (for brevity.P.C.) preferred by the respondents and quashed criminal proceedings against some of the accused in Criminal Case No. 462 of 2004 pending before the learned Magistrate-II Tiruppur for offences punishable under Sections 406, 409, 420 and 120(b) IPC.

3. Before granting relief to the five petitioners out of ten accused, the High Court noted the relevant facts in brief which disclose that out of ten accused in the charge-sheet dated 20th September 2004, the first five accused are Managing Director/Managing Partner/Director/Proprietor of different private limited companies, partnership firms/proprietary firms. Some of them are related to each other and some are family friends. Accused nos. 6 to 10 are Managers and Officials of Tamil Nadu Mercantile Bank Limited (hereinafter referred to as ‘Bank’), Tiruppur alleged to have colluded with the respondents in perpetration of a fraud against the bank. They are not the p















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