Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
A.D.JAGADISH CHANDIRA
T.Sivasubramanian – Appellant
Versus
State, represented by the Inspector of Police CCB, Coimbatore City (Cr.No.3 of 2020) – Respondent
| Table of Content |
|---|
| 1. overview of alleged financial misconduct. (Para 1 , 2) |
| 2. defense arguments highlighting procedural deficiencies. (Para 3) |
| 3. prosecution's stance on systemic fraud and responsibility. (Para 5) |
| 4. court's evaluation of investigation sufficiency. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17) |
| 5. conclusion on quashing proceedings against the petitioner. (Para 18 , 19) |
| 6. final order permitting quashment of proceedings. (Para 20) |
ORDER :
A.D.JAGADISH CHANDIRA, J.
This criminal original petition is filed for quashment of the proceedings in C.C.No.1323 of 2020 pending on the file of the Judicial Magistrate No.VII, Coimbatore, for brevity “the Trial Court”
2. The facts in brief leading to the filing of this criminal original petition can be given in a nutshell as follows:
2.1 Prosecution case:
The petitioner, during his tenure as Assistant General Manager of the second respondent bank between 01.03.2018 and 31.12.2019, by entering into a criminal conspiracy with certain independent borrowers, empanelled Engineers and Expert Valuers of the second respondent bank and also some building and construction companies, sanctioned Agricultural Small Scale Industries Loans to 11 ben
The court determined that charges against the petitioner lacked sufficient independent evidence and quashed the proceedings, asserting that mere recommendation of loans without fraudulent intent does....
For quashing criminal proceedings, allegations must clearly establish participation and responsibility; mere supervisory roles or lack of direct involvement do not suffice for culpability.
The court emphasized the importance of evaluating the prosecution's material at the stage of considering an application for discharge and highlighted that the trial court is not expected to conduct a....
The main legal point established in the judgment is that at the stage of consideration of charge, an accused cannot rely on materials by way of defense, and the power under Section 482 of the Code of....
Bail in economic offences should be denied to protect the larger public and state interest and prevent tampering with witnesses.
The High Court may quash criminal proceedings in cases with predominantly civil character and settlements, but must consider the stage of the trial and the nature of the offences.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
