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IN THE HIGH COURT OF JUDICATURE AT MADRAS
D. Bharatha Chakravarthy, J
S.Irudayanathan – Appellant
Versus
The Superintendent of Police In-Charge Officer, CBI, Anti-Corruption Branch 'A' Wing, 3rd Floor, Shastri Bhavan No.26, Haddows Road, Chennai – 600 007 – Respondent
| Table of Content |
|---|
| 1. factual loan and settlement background (Para 2) |
| 2. parties' contentions on quashing after settlement (Para 3) |
| 3. court's analysis of whether offences under 420/pc can be quashed given civil/financial nature (Para 4) |
| 4. formal order: quash with costs and conditions (Para 5) |
ORDER
A.The Petition:
This Criminal Original Petition is filed to quash the final report in C.C.No.2671 of 2022 on the file of the Court of Chief Judicial Magistrate, Coimbatore.
B.Brief Facts:
2. The brief facts leading to the filing of this petition are that M/s Canara Bank lodged an information in writing before the first respondent, based on which a First Information Report was registered in RC0322021A0009 dated 17.05.2021, for the alleged offences under Section 120B read with 420 IPC and section 13 (2) read with 13 (1) (d) of the Prevention of Corruption Act, 1988 .
2.1. The gist of the information is that M/s Air Carnival Private Limited, represented by its Directors S. Irudayanathan (A1), the petitioner herein, and his wife, Mrs. Lima Rose (A2), applied for a loan by offering to create an equitable mortgage of its immovable property measuring 3.75 acres along with a building on S.F.Nos. 298/1 a
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