S UDAYAKUMAR Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) THE petition is filed seeking to quash the criminal proceedings in C. C. No. 16729 of 2006 on the file of the learned XVI Metropolitan Magistrate, George Town, Chennai.

(2.) THE petitioner, ranked as fourth accused, stands charged with offences punishable under sections 467, 468, 471, 477a and 420 read with 109 of the Indian Penal Code.

(3.) THE petitioner would contend that he was the Legal Advisor for Tamil Nadu State Co-operative Bank from 1986 to 2004. He had given about 1000 opinions to Housing Loan aspirants. One S. M. Syed Kalimulla, Proprietor of Sardar Transport applied for a loan of Rs. 1,65,00,000/= for purchase of ten Hitech Buses by arranging a collateral security of 2. 64 acres of land alleged to have belonged to one K. Varadappa Naicker son of Kuppuswamy Naicker. Being the Legal Advisor, he perused the original documents, Encumbrance Certificate and valuation certificates of the land bearing S. No. 107/3/a1 and S. No. 107/4 of Madipakkam Village, Tambaram Taluk, Kancheepuram District and gave opinion that there was no encumbrance in the said property. There is no allegation that he intended to cheat the Bank, it is contended.