At the stage of framing of a charge, the probative value of the materials available on record by the prosecution has to be accepted as true, and strong suspicion founded on the materials would justify framing of charges against the accused.

Both these revision petitions arise out of the common order dated 22.12.2015 passed in Crl. M.P. No. 816 of 2015 in C.C. No. 4859 of 2009 and Crl. M.P. No. 820 of 2015 in C.C. No. 5127 of 2009 on the file of the Additional Chief Metropolitan Magistrate Court, Chennai, in and by which, the discharge petitions filed by the revision petitioner under Section 239 Cr.P.C., had been dismissed.

2. In C.C. No. 4859 of 2009, the revision petitioner is arrayed as A3 and he has been arrayed as A5 in C.C. No. 5127 of 2009. In both the cases, charge sheets have been filed against the petitioner (A3-A5) and other accused persons. In C.C. No. 4859 of 2009, the charge sheet has been filed against the petitioner/A3 for the offences under Sections 120-B read with 419, 420, 467, 468, 471 and 109 IPC and substantive offences thereof. In C.C. No. 5127 of 2009, the charge sheet has been filed against the petitioner/A5 for the offences under Sections 109 read with 419, 420, 467 and 468 IPC.

3. The case of the prosecution in Crl. R.C. No. 40 of 2016 (C.C. No. 5127 of 2009) against the petitioner/A5 and others is that the case was registered on a complaint, dated 11.11.2008 preferred by Shri. Veerapandian, the then Regional Manager, Region-II, State Bank of India, Administrative Unit-I, Chennai. A1 - M/s. Palpap Ichinichi Software International Limited (a registered Company) and A2/P.Senthil Kumar, who is the Managing Director and CEO of A1-Company, entered into criminal conspiracy with A3-Vaidyanathan, A4-Sasi Kumar @ Kumar and other unknown persons in Chennai during 2005-2006 to cheat the State Bank of India (for short, 'the SBI'), Vivekananda House Branch, Chennai and in furtherance of the said conspiracy, A2 got 161 loan accounts opened under personal loan scheme in the SBI in the names of fictitious persons showing them as employees of A2's Company and got the loan sanctioned in batches during the period from August 2005 to February 2006. A1-Company gave corporate guarantee and A2 gave personal guarantee to the said loans of reported employees. In furtherance of the conspiracy, A2, with dishonest and fraudulent intention, got prepared and submitted fabricated salary certificates, identity cards and Form-16 in the name of the loanees. Subsequently, though the loans were sanctioned in the names of the said fictitious employees and credited to the individual accounts, A2 has received the proceeds of the loans and no repayment was made, thereby, he caused wrongful loss of Rs. 1,24,72,126/- to the Bank and corresponding wrongful gain to the accused persons. It is further gathered from the investigation that A-1 Company is a registered Company and had its registered office in Chennai and the Company is developing softwares used for educational institutions. A2 Senthil Kumar is the Managing Director and also the Chairman and Executive Officer of the Company. Smt. Papathi, the mother of A2 and Smt. Banumathi, the sister of A2 are the Directors of the Company. Investigation revealed that the accused Company employed around 60 persons and some of them were deputed to various educational institutions throughout Tamil Nadu to install and maintain the programmes developed by the Company and the others were working at the Company's office in Chennai. The investigation further revealed that A2, during the year 2005, approached the SBI, Vivekananda House Branch, Chennai along with A3 and A4, private financial consultants known to him, for obtaining personal loans to the employees of A1 Company. A2 submitted the proposal seeking personal loan for his employees after consulting one N. Chandran, the then Branch Manager, SBI, Vivekananda House Branch, Chennai. It was further revealed during the course of investigation that initially, A2 applied personal loans in the names of five employees, viz., T.L. Lakshmanan, Administrative Manager, S. Siva Kumar, Software Engineer, D. Murali, Vice-President (Operations), M.V. Satya Sai Prasad, Business Development Manager