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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
K.K.RAMAKRISHNAN
State represented by Inspector of Police, CBI, ACB, Chennai – Appellant
Versus
S.Kasimayan – Respondent
JUDGMENT :
The CBI had filed this appeal challenging the acquittal judgment passed in CC No. 5 of 2011 by the learned II Additional District Judge for CBI Cases, Madurai.
2.Brief facts of the case:
2.1. The respondent No.1 was the recovery officer of Debt Recovery Tribunal, Madurai. He was arrayed as A1 in the above C.C.No. 5 of 2011. The respondent No.2 was the upper division clerk of the said Recovery Tribunal and he was arrayed as A2. Respondent No.3 is relative of A1 and he was arrayed as A3 in C.C.No.5 of 2011. The respondent No.4 is A2's wife and she was arrayed as A4. The respondent No.5 was the Branch Manager of Dhanalakshmi Bank, Madurai, and he was arrayed as A5 in the above C.C.No.5 of 2011. For brevity, and convenience and for better understanding of the case, the rank of the accused in C.C.No.5 of 2011 is used by this Court.
2.2. P.W.10 obtained loan in A5's bank by creating mortgage of his three properties. He suffered loss in his business and hence, he was unable to pay the borrowed loan amount and hence, recovery proceeding was initiated before Mumbai DRT under the R.D.B.I Act. After initiation of the recovery proceedings, OA was allowed. Thereafter, the same was transf
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