K.SARAVANAN Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) M/s.Asian Health and Nutri Foods Limited and its Directors were brought under scanner of CBI, pursuant to two complaints one by V.Pattabiraman, the Chief Vigilance Officer, State Bank of Mysore registered in RC.No.7E/2012 dtd. 5/7/2012 and another based on the complaint given by K.D.Menon, the Deputy General Manager, State Bank of India in RC.2E/2013 dtd. 21/2/2013. These two cases were investigated and culminated in the final report.

(2.) The trial Court took the report on file and assigned C.C.Nos.39 and 54 of 2013 respectively. The petitioner herein arrayed as accused sought for quashing of criminal prosecution culminated in C.C.No.54 of 2013 before the High Court and also filed a discharge petition before the trial Court. After the quash petition came to be dismissed by this Court, the said discharge petition also got dismissed. Revision preferred against the dismissal of the discharge petition was not entertained by this Court. However, direction was given to the trial Court to expedite the trial on priority basis. This Court, while dismissing the quash petition, had directed by way of advice to conduct joint trial of both cases or simultaneous trial of both the cases in C.C.Nos.39 & 54 of 2013. Though the orders and direction were passed a long back, yet nothing has progressed in the trial Court.

(3.) The petitioner right throughout contended that the loan availed by M/s.Asian Health & Nutri Foods Limited been settled through One Time Settlement long back. Despite the settlement, the Court has declined to quash the complaint as well as refused to discharge him. When the petitioner was ready to undergo the trial, the trial Court did not make any headway. Therefore, the present petition under Sec. 482 Cr.P.C., is filed to call for the records pertaining to C.C.No.39 of 2013 on the file of the Chief Judicial Magistrate, Coimbatore and quash the same.