SIVAKUMAR Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) Leave granted.

(2.) The present appeals have been preferred by the accusedappellant against the common judgment and order dtd. 12/1/2023 passed by the High Court of Madras in Crl. O.P. (MD) 21417 of 2016 and Crl. O.P. (MD) No. 10979 of 2016, whereby the High Court dismissed the appellant's petition under Sec. 482 of the Code of Criminal Procedure, 1973(Cr.P.C.) to quash the chargesheet and consequential proceedings arising out of CC. No. 308 of 2016 on the file of the Judicial Magistrate No. 1, Tirunelveli.

(3.) The case of the prosecution in the instant matter is that the first accused was working as a Branch Manager in HDFC Limited at Palayankottai Branch and the second accused, i.e. the appellant herein, was working as a Manager in the Head Office of HDFC Limited at Thiruvananthapuram when the alleged offence was committed. In 2004, one Mr. A. Kannan had borrowed loan from HDFC Limited by mortgaging his immovable property in Survey No. 145/1 (Plot No. 96) situated at Keela Natham Village, Palayankottai Taluk, Tirunelveli District and the superstructure built up therein.