ICICI BANK LIMITED AND OTHERS Vs. R. SUBRAMANIAN

JUDGEMENT

(1.) Out of 5 petitions, first two have been filed by ICICI Bank, the third one by HSBC Bank and the last two by Kotak Mahindra Bank and their representatives. All these petitions have been filed for quashing the criminal complaints made by the same complainant one Mr.R.Subramanian. All the five petitioners are creditors of the complainant and his company and all the complaints pertain to the averments made by them before the Debts Recovery Tribunal during the course of the proceedings of Original Applications.

(2.) According to the complainant, the contents of the affidavit filed in the D.R.T were intended to cause harm to the reputation of the complainant and also his company as the complainant Mr.Subramanian has to his credit elite academic qualifications and his company was founded as the pioneer of retailing with a chain of stores across the country. The complainant has claimed that the averments made by the petitioners are serious in nature and do not carry any truth in it. The averments made by the petitioners ICICI Bank and its representatives before the Debts Recovery Tribunal (in Crl.O.P.No.25422 of 2012 and Crl.O.P.No.25458 of 2012) are as given below.

(3.) According to the complainant, the averments basically revolve around the investigation conducted by the Registrar of Companies under section 209(A) of the Companies Act, 1956 and consequent findings thereon, which have been exaggerated and intended only to defame him (the complaint) and his company.