R KANNAN Vs. STATE

JUDGEMENT

(1.) This Criminal Revision Case has been directed against the order dated 25th March, 2011 passed in Crl M.P.No.527 of 2010 in Calendar Case No.45 of 2009 by the XI Additional City Civil and Sessions Judge (CBI Cases relating to Banks and Financial Institutions), Chennai.

(2.) The revision petitioner herein as petitioner has filed the petition in Crl.M.P.No.527 of 2010 in Calender Case No.45 of 2009 under Section 239 of the Code of Criminal Procedure, 1973 praying to discharge him from the proceedings of Calendar Case No.45 of 2009, wherein the present respondent has been shown as sole respondent.

(3.) It is averred in the petition that the petitioner has joined as a 'Clerk - cum - Cashier' in Union Bank of India on 17.01.2006. In the year 1984, he has been promoted to the post of Assistant Manager, Scale - I and posted as Branch Manager in the year 1998. In the year 2000, he has been promoted to Middle Management and posted as Chief Manager, Mount Road Branch, Chennai in the year 2006 in Scale - IV. The management has given encomium and also appreciation letters. The petitioner has protected the interest of the bank by way of insisting to create equitable mortgage in respect of the property which situates in Viajayaraghavachari Road, abutting Anna Salai. The petitioner has obtained legal opinion from lawyer and also visited the site. The petitioner after ascertaining that there is no encumbrance in respect of the said property, has decided to obtain equitable mortgage. The petitioner has taken all steps to comply with the terms and conditions of sanctioned order. The management has taken only disciplinary proceedings and no action is taken so far. No evidence is present with regard to undue pecuniary advantage. The petitioner has not acted dishonestly. The respondent has unnecessarily filed a final report against the petitioner and the same has been taken on file in Calendar Case No.45 of 2009, wherein the petitioner has been shown as first accused. The petitioner has simply recommended the concerned loan facilities. No documents have been received at the time of investigation against the petitioner. Under the said circumstances, the present petition has been filed for getting the relief sought for therein.