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2023 Supreme(Mad) 128

G. CHANDRASEKHARAN
S. Elred Kumar – Appellant
Versus
City Union Bank Ltd. , Represented by its Chief Manager, C. Venkatraman – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr.K.P.S.Palanivelrajan

ORDER :

This Criminal Original Petition has been filed for directing the Debt Recovery Tribunal II, Chennai to initiate criminal prosecution under Section 195(1)(b) r/w 340(1) Cr.P.C against the respondent for producing false evidence under Section 192 and 193 IPC in O.A.No.33 of 2014, on the file of Debt Recovery Tribunal II, Chennai.

2. The learned counsel for the petitioner submitted that the petitioner purchased a property from one Shanmugam on 27.08.2004 and is in possession of all the documents in connection with the property. City Union Bank filed OA.No.33 of 2014 on the file of the Debt Recovery Tribunal-I at Chennai for recovery of money against M/s. Esvee Card and four others including the petitioner. City Union Bank claimed that the documents, which are in possession and custody of the petitioner, are in possession of the City Union Bank. However, when the matter came to be disposed, learned Presiding Officer of Debt Recovery Tribunal-II, Chennai observed that the documents are not in possession of City Union Bank. Therefore, the petitioner has filed this petition seeking a direction to the Debt Recovery Tribunal II, Chennai to initiate criminal prosecution under Section 1

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