R.VARADARAJAN Vs. DIRECTORATE OF ENFORCEMENT

JUDGEMENT

(1.) This quash petition has been filed under Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. The petitioner/fifth accused seeks to quash the complaint in Spl.C.C.No.1 of 2020 pending on the file of the XIV Additional Sessions Judge for CBI Cases, Chennai.

(2.) The facts in a nutshell are that the first accused/Mr.T.D.Naidu, availed huge financial assistance from Andhra Bank to the tune of Rs.41.00Crores in the name of the M/s.Deen Dayal Medical and Educational Trust. The loan was allegedly availed by entering into a criminal conspiracy with the sixth accused, Branch Manager of Andhra Bank, whereby a sum of Rs.41.00 Crores was availed from the bank in connivance with Mr.R.Varadarajan/fifth accused/petitioner herein, by furnishing fake documents and cooked-up financial statements to secure the funds. The loan proceeds were subsequently diverted in collusion with the Branch Manager, thereby causing a total loss to the tune of Rs.57.64 Crores.

(3.) Based on the complaint lodged by Andhra Bank, the Central Bureau of Investigation (CBI) registered a case in FIR No.RC-3(E)/2012. After completion of investigation, the CBI filed a charge sheet, which was taken on file as C.C.No.48 of 2013 on the file of the XI Additional Special Judge for CBI Cases, Chennai, for the offences punishable under Ss. 120B read with Ss. 420, 468 and 471 of the Indian Penal Code (IPC), 1860.