PRABHAT KOTHARI Vs. VIJAYA BANK

JUDGEMENT

(1.) PETITION filed under Section 482 Cr.P.C to call for the records relating to STR.No.1930 of 1999 on the file of the learned Judicial Magistrate, Coonoor and quash the same. The petitioner has filed the above petition to call for the records relating to STR.No.1930 of 1999 on the file of the learned Judicial Magistrate, Coonoor and quash the same.

(2.) THE respondent's/complainant's case is that the complainant/Vijaya Bank is a body corporate and constituted under the Banking Companies Act. THE complainant states that A1, Mr.Prabhat Kothari, having cash - credit account facilities with the complainant bank in the name and style of Riddhi and Siddhi Industries and in cash credit account No,31/98, and he had money transactions with the complainant's bank. THE 1st accused was having business dealing with the 2nd accused, Mr. Ranjith Kothari of M/S Ranjith Commercial Company, Coonoor. THE accused Nos. 1 and 2 are brothers. A1 has collected a sum of Rs.4,50,000/- by cheque in favour of his company M/s.Riddhi and Siddhi Industries, dated 13.1.1999, vide cheque No.019959 from A2 Company, M/s.Ranjith Commercial Company Bank account M/s.State Bank of Travancore, Pappanaickenpalayam, Coimbatore in Account No,2289 and again the 1st accused has collected a sum of Rs.3,00,000/- by cheque in favour of his Company, M/s.Riddhi and Siddhi Industries dated 13.1.1999, from A2 Company.

(3.) THE 1st and 2nd accused had colluded with each other and committed the offence.