Advocates:
['M/S G RAJKUMAR', '', 'L RAMKUMAR', 'R REVANTH KUMAR', 'K SRINIVASAN SPL PP']

IN THE HIGH COURT OF JUDICATURE AT MADRAS

RESERVED ON : 17.09.2021

PRONOUNCED ON : 24.09.2021

CORAM

THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN

Crl.O.P.No.16189 of 2021

and Crl.M.P.No.8802 of 2021

Ms.Poonam Anand

.. Petitioner / 4^th Accused

Vs.

State represented by

The Superintendent of Police

CBI, Anti-Corruption Branch

'A' Wing, 3^rd Floor, Shastri Bhavan,

No.26, Haddows Road,

Chennai – 600 006.

.. 1^st Respondent/Complainant

Bank of India

Rep.by its Zonal Manager-Chennai Zone

Mr.Subrata Kumar Roy

“Star House”, II Floor, 30 (Old No.17)

Errabalu Street, Chennai – 600 001.

.. 2^nd respondent / De-facto complainant

Prayer: Criminal Original Petition filed under Section 482

Cr.P.C., to call for the records in Crime No.RC0322021A007 of

2021 dated 04.05.2021 on the file of the 1^st respondent and quash

the same in so far as the petitioner is concerned.

For Petitioner .. Mr.R.Palaniyandavan

For Mr.R.Revanth Kumar

For Respondent .. Mr.K.Srinivasan

Spl. Public Prosecutor for CBI Cases

ORDER

This Criminal Original Petition has been filed under

Section 482 Cr.P.C., to quash the First Information Report in

Crime No.RC0322021A0007 dated 04.05.2021 registered by the

Superintendent of Police, CBI, Anti-Corruption Branch, Chennai

under Sections 120B, 420 IPC and under Sections 13(2) read with

13(1)(d) of PC Act, 1988 by the named 4^th accused.

https://hcservices.ecourts.gov.in/hcservices/

2.The FIR was registered on the basis of a complaint dated

04.01.2021 given by the Zonal Manager of Bank of India, Usman

Road Branch, T.Nagar, Chennai. In the complaint it had been

alleged that A1, Hallmark Infrastructure Pvt. Ltd., had availed

loan against property of Rs.2.00 Crores and Project Term Loan of

Rs.10.00 Crores for development of 56 premium residential

apartments at Mahendra World City, Chengalpattu Taluk,

Kanchipuram District and also further loan against property of

Rs.2.94 Crores.

3.It had been further stated in the complaint that A1 and

its directors who had named as A2 to A5 had diverted and

misappropriated the funds received on the sale of the flats. It

was very specifically stated that an internal investigation

conducted by the bank revealed that 46 flats out of 56 flats

had already been sold and out of that, 34 flats were sold

without obtaining No Objection Certificate from the bank. It was

also stated that the disbursed amount and the sale proceeds were

not utilized for the purpose for which loans were sanctioned and

that the funds were diverted for various purpose.

4.It was also alleged that A1 / Company had not routed the

sale proceeds of sale of the flats into the Escrow Account

maintained by the bank as per the terms of sanction and had also

operated the Escrow Account through Internet Banking which was

against the extant guidelines. It was also stated that the

accused and other public servants had hatched criminal

conspiracy to cheat the Bank of India, Usman Road Branch,

T.Nagar, Chennai by availing loan and diverting the disbursed

amount and the sale proceeds for other purposes than for which

they were sanctioned. It was stated that the Book Outstanding

was Rs.12.52 Crores which was claimed to be wrongful loss to the

bank and corresponding wrongful gain for the accused.

5.On the basis of the said complaint, a FIR was registered

by the respondent / the Superintendent of Police, CBI, Anti-

Corruption Branch, Chennai under Sections 120B, 420 IPC and

under Sections 13(2) read with 13(1)(d) of PC Act, 1988.

6.The same is now sought to be quashed by the 4^th accused.

7.It is the contention of the petitioner / A4 was that she

was appointed as Professional Director of A1 on 23.06.2015,

whereas, the loans were sanctioned in the year 2013. It was also

pointed out that the FIR does not attribute any specific role /

over tact agains