A.UDHAYARAJA Vs. THE INSPECTOR OF POLICE

JUDGEMENT

(1.) Based on source information, the Central Bureau of Investigation registered a case in Crime No.RC MA1 2011 A 0031, on 29.08.2011, under Sections 120-B , r/w 420, 468, 469 IPC and Section 13(2) r/w 13(1)(d) of the Prevention of Corruption Act , 1988, against 14 accused and after completing the investigation, have filed a charge sheet and the same was taken on file in C.C.No.24 of 2012 before the learned Second Additional District Judge for CBI Cases, Madurai, against 13 accused, including the petitioner herein, who has been arraigned as Accused No.12 for the offences under Sections 120-B , r/w 420, 468, 469 IPC and Section 13(2) r/w 13(1)(d) of the Prevention of Corruption Act , 1988. The petitioner filed Crl.M.P.686 of 2013 under Section 239 of the Code of Criminal Procedure for discharging him from the prosecution, which has been dismissed by the Trial Court, on 13.05.2016, aggrieved by which, the petitioner has filed the present Criminal Revision Case.

(2.) Heard Mr.Ananth C.Rajesh, learned counsel appearing for the petitioner and Mr.N.Nagendran, learned Special Public Prosecutor appearing for the respondent.

(3.) The allegation in the charge sheet against the petitioner/accused is that G.Balasubramanian [A-1], the then Chief Manager, Indian Overseas Bank, Regional Office, Erode and the co-accused, including the petitioner herein, had entered into a criminal conspiracy, by which huge loans were sanctioned in violation of Rules and norms, based on fabricated documents. The specific allegation against the petitioner is that M/s.Jeyas Ayush Hospital is a partnership firm with three partners, viz., Dr.K.Ramalakshmi, [A-11] P.Rajasamuel [A-10] and A.Udhaya Raj [A-12] and the partnership was entered into on 19.12.2008; that on 20.12.2008, a loan application was submitted to the Manager, Indian Overseas Bank, Palayamkottai Branch for availing loan of Rupees One Crore for the purchase of medical equipments and a loan of Rs.10,00,000/- towards working capital; that the accused opened current account No.458, on 22.12.2008; that the accused submitted fake purchase bills obtained from Shamugavel [A-13]; that G.Balasubramanian [A-1] had sanctioned loan of Rs.89.85 lakhs on 31.12.2008 to M/s.Jeyas Ayush Hospital and the loan account became an NPA, resulting in initiation of proceedings under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002, against the partners.