K P MENON Vs. N PUNITHAVATHI MANIAN

JUDGEMENT

(1.) This petition has been filed by the two accused, viz, K.P. Menon, Chairman, Catholic Syrian Bank Ltd., Trichur, and B.K. Natarajan, Manager. Catholic Syrian Bank Ltd., Vellore to quash the process issued to them in C.C. 420 of 1984 on the file of the J.F.C.M. No.1, Vellore, North Arcot Dt. which was taken cognizance for offences under Ss. 409 and 477-A read with 5. 34, I.P.C. on a complaint given by N. Punithavathi Manian, the respondent herein wife of Balasubramaniam in the following circumstances: - The respondent Punithavathi Manian is a partner of: Sathya Narayana Chit Funds, Vellore. Her husband is also a partner in the same firm, apart from being a partner along with others in Lakshmi Narayana Chit Funds and Lakshmi Narayana Chit Corporation, Sathya Narayana Chit Funds, in which the respondent and her husband are partners along with others, has been enjoying certain credit facilities from the Catholic Syrian Bank, Vellore Branch, hereinafter referred to as the Bank and they owe money to the Bank. The respondent in her personal capacity deposited the following amounts

(2.) The respondent had an account with the Bank of Baroda, Vellore branch also. On 5-6-84, the respondent wrote through Bank of Baroda for premature encashment of the aforesaid deposits with the Bank (Catholic Syrian Bank) with regard to deposit Nos. 48/83, 11/84 and 12/84. There was no request from the respondent for premature encashment of the deposit No. 13/84. By letter dated 7-6-1984, the Bank of Baroda wrote to the respondent that, in pursuance of the respondents request, they approached the Bank for premature encashment of her three deposits and they were informed that the Bank has referred the matter to their Head Office and they were asked to wait for a reply from the head office. According to the respondent, the information furnished by the Bank to the Bank of Baroda is contrary to the endorsement found in the respondents accounts with reference to the deposits (family welfare deposits) wherein the Bank has endorsed that all the accounts have been closed on 27-4-1984. The further case of the respondent is that she has not advised the Bank for any premature payments of her deposits, on 27-4-1984. The entries made by S. No. Deposit No. Amount deposited. Maturity value 1. 48/83 5000 Rs. 5975 2. 11/84 30000 35850

(3.) 12/84 15000 17975