K.V.RAMAMOORTHY Vs. STATE

JUDGEMENT

(1.) The petitioner in Crl.O.P.No.29447/2018 is the Managing Director and Chief Executive Officer of Tamilnadu Mercantile Bank Ltd. The petitioners 1 and 2 in Crl.O.P.No.2501/2019 are the Regional Managers of the said Bank at Coimbatore between 2013 to 2016 and 2016 to 2018. The third petitioner was the Manager of the Bank at Tiruppur Branch.

(2.) These two petitions are filed to quash the FIR in Crime No.29/2018 on the file of the first respondent under his investigation. The FIR came to be registered pursuant to the order dtd. 02/11/2018 passed by the Judicial Magistrate II, Tiruppur in Crl.M.P.No.4390/2018, to register the complaint given by K.Manoharan and investigate.

(3.) As per the complaint, Mr.Manoharan the complainant is a businessman. He and his family members maintain Savings Bank Account and Recurring Deposit Account in TamilNadu Mercantile Bank, Arcot Branch and Tiruppur Branch. During the years 2011-2014, the first accused Saravanan was the Branch Manager of Tamilnadu Mercantile Bank Ltd, Arcot Branch. The first accused took advantage of the complainant's gullible nature, hatched a plan to cause wrongful loss to him and his family members, make a unlawful gain to himself, began to create false, bogus, forged and unauthorised cash/transfer transactions without the cheques signed by him or his wife. The first accused continues to do his act of fraud and cheating even after his transfer from Arcot Branch to Tirupur Branch. The complainant and his 5 family members have joint and single Savings Bank Account and OD accounts with Tiruppur Branch. The first accused, without any cheque signed by the complainant or his family members, had debited from his account and his family members account. During demonetization, he and his family members deposited demonetised money Rs.58,25,000.00 in their accounts maintain at Tiruppur Branch. However, the first accused has falsely transacted to a tune of Rs.1,65,00,000.00 into the complainants account without his knowledge and consent.