These Criminal Revision Cases have been filed by the petitioners against the orders dated 28.07.2016 made in Crl.M.P.Nos. 2106 & 1011 of 2009 in C.C.No.15945 of 2003, respectively, passed by the learned Additional Chief Metropolitan Magistrate, Egmore, Chennai, in and by which, the discharge petitions filed by the petitioners under Section 239 of Cr.P.C, were dismissed.

2. The petitioner in Crl.R.C.1032 of 2010 is the wife of the petitioner in Crl.R.C.1033 of 2010. They have been arrayed as A1 & A2 respectfully in C.C.No.15945 of 2016 pending on the file of the learned Additional Chief Metropolitan Magistrate, Egmore, Chennai. The chargesheet has been filed against the accused persons for the alleged offences under Sections 120-B r/w 420, 467, 468 r/w Section 471 IPC.

3. Since the issues involved in both the Revisions are one and the same, these Revisions are disposed of by way of this Common order. For the sake of convenience, the petitioners are hereinafter referred to as per their ranking in C.C.No.15945 of 2016, viz., A1 & A2.

4. The brief facts of the prosecution case are as follows:-

4-1.M/s.Trans India Resorts Limited (in short 'TIRL') is a public limited company incorporated in the year 1991, with the objective of developing modern resorts. Smt.Vasumathi Marimuthu/A1 is the whole time Director of TIRL, looking after its day-to-day affairs and her husband Marimuthu/A2 is the Chief Promoter of TIRL. TIRL proposed to set up two holiday resorts at Ooty and Kodaikanal, at an estimated cost of Rs.23.22 crores. The project was to be financed by promoters equity of 1.6 crores, public issue of partially convertible debentures for Rs.9.6 crores and internal time share rentals of Rs.12.02 crores. On behalf of TIRL, A1 applied for Bridge loan of Rs.4 crores to IDBI Bank/2nd respondent herein, on 05.08.1994, suppressing the fact that on behalf of TIRL, A1 & A2 had already availed a short term loan of Rs.2 crores from State Bank of Travancore, against public issue of TIRL. On 12.08.1994, the Deputy Manager of IDBI Bank viz., one Mr.T.Prakash forwarded the loan proposal of TIRL, for sanction of bridge loan for Rs.1.20 crore, to the Manager of the IDBI Bank viz., one K.P.Ramakrishnan. Then, the said K.P.Ramakrishnan recommended for sanction of Rs.1 crore. In order to avail the bridge loan of Rs.1 crore, on certain conditions, on behalf of TIRL the accused 1 & 2 pledged 1670483 IHFD shares of individuals & other companies, amounting to Rs.1,67,04,830/-, as security, along with 17 notarised share pledge agreements. According to the prosecution, out of the said 17 share pledge agreements, 7 agreements are forged and fabricated. The said share pledge agreements were produced before the notary Mr.Radhakrishnan and the signature of Radhakrishnan was obtained by accused Manivannan/A4, a staff of TIRL, in a fraudulent manner. The 4th accused Manivannan obtained the false Notary Certificates from approver Mr.Radhakirshnan, in connivance with accused 1 & 2 represented by TIRL. Subsequently, the accused persons failed to repay the loan amount.

4-2.According to the prosecution, the accused 1 to 4 entered into a criminal conspiracy to commit criminal misconduct and cheat the IDBI Bank. The said acts of the accused persons prima facie constitute the offence punishable under Section 120(B) r/w 420, 467, 468 r/w 471 IPC. On source information, a case in RC MA1-1999-A-0016 was registered by the 1st respondent-police on 17.06.1999 for the above said offences. After completion of investigation, chargesheet has been filed against the accused 1 to 4 and the same was taken on file as C.C.No.15945 of 2003 on the file of the learned Additional Chief Metropolitan Magistrate, Egmore, Chennai. Thereafter, the petitioner herein/A1 & A2 had filed discharge petitions before the Trial Court; but, the said discharge petitions were dismissed by the Trial Court vide impugned orders. Aggrieved over the same, the present revisions have been filed by the petitioners.

5.