SUBASH; B GOWTHAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) These Criminal Revision Cases have been directed against the orders passed in Crl.M.P.Nos.3742 of 2013 and 5375 of 2013 in Calendar case No.46 of 2009 by the XI Additional City Civil and Sessions Judge, Chennai.

(2.) The revision petitioners herein have filed the petitions in question under section 239 of Code of Criminal Procedure, 1973 praying to discharge them from the proceedings of Calendar Case No.46 of 2009, wherein the present respondent has been shown as sole respondent.

(3.) It is averred in both petitions that the petitioners have been arrayed as accused Nos.2 and 4. The second accused is the Managing Director of a company, viz., M/s.Kannya Electronics Private Limited. The fourth accused is none other than the brother of the second accused. The specific case of the prosecution is that the present petitioners and remaining accused have hatched a conspiracy so as to cheat the Union Bank of India and in pursuance of their conspiracy, huge amount of Rs.304.57 Lakhs have been dealt with and in fact, the prosecution has not produced relevant documents for the purpose of showing the alleged conspiracy and further the documents relied upon by the prosecution are not at all sufficient for coming to a conclusion that the conspiracy has been hatched amongst all the accused. Under the said circumstances, present petitions have been filed for getting the reliefs sought therein.