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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
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 beneficiaries for establishment of 11 poultry farms, thereby, causing a loss to the tune of Rs.33,89,39,480/-, by projecting non-existent poultry farms, deliberately inflating the market value of the lands offered as security, fabricating and submitting false account statements, forging documents and fabricating completion reports of buildings which were never built and producing false invoices and fictitious records qua purchase of machinery and equ
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.
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