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2015 Supreme(Kar) 194

N.ANANDA
GIMPEX LIMITED – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates Appeared:
M.DHYAN CHINNAPPA, SR.ADVOCATE FOR SRI K.ARUN KUMAR, ADVOCATE FOR M/S.CREST LAW PARTNERS, ADVOCATES
GOPALKRISHNA R HEGDE, ADV. FOR R4; SRI VENKATESH P.DALWAI, ADVOCATE FOR R1; R2, R3 & R5SERVED

ORDER

The respondents 1 & 2 during investigation of Crime No.5/2014, registered against petitioner for offences punishable under sections 379 & 420 r/w 120B IPC, sections 13(1)(d) r/w 13(2) of the Prevention of Corruption Act, 1988 and also for offences punishable under sections 21 & 23 r/w 4(1), 4(1)(A) of MMDR Act, 1957, by exercising powers under section 102 Cr.P.C., have frozen bank account of petitioner, the details of which are as follows:

1. Bank of Baroda – 05290200001744 – Cr.Rs.19,92,660.06

2. ING Vysya Bank, Chennai – 407011004918 – Cr.Rs.1,17,750.55.

3. ING Vysya Bank, Bellary – 111011007814 – Cr.Rs.1,18,261.69

4. Punjab National Bank – 0305008700095869 – (Dr.Rs.8,91,90,442.91)

2. Out of the aforestated accounts, account mentioned at Sl.No.4 is the overdraft facility extended to petitioner. Therefore, without verification, the Investigating Officer should not have instructed the Bank Manager to freeze over draft account facility extended by the Bank to petitioner.

3. As could be seen from the statement of accounts furnished by both the parties, the aggregate amount standing to the credit of petitioner in the afore-stated banks is a sum of Rs.22,28,672/-. In other words, t






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