K MAHAMUNI Vs. STATE

JUDGEMENT

(1.) The petitioners in both the Criminal Original Petitions, who are A1 to A5 among 10 accused in C.C 462 of 2004 taken on file by the learned Magistrate-II, Tiruppur, for offences punishable under Sections 406, 409, 420 and 120(b) IPC seek to quash the said proceedings.

(2.) The 1st accused is the Managing Director of Shree Dheepadharani Yarn Private Limited and the Managing Partner in Bagavathyamman Traders, A2 is one of the Directors of Shree Dheepadharani Yarn Private Limited, A3 is the Proprietor of Sidharth Creations, A4 is the partner of Mookambika Textiles and A5 is one of the Directors of Shree Dheepadharani Yarn Private Limited as well as Managing Director of Sree Karuv Spinners Private Limited and Proprietor of Preetha Cotton Traders. A1 and A2 are brothers and A4 is the brother-in-law of A1. A3 and A5 are family friends of A1 and A2. A6 to A10 are Managers and Officials of Tamil Nadu Mercantile Bank Limited (hereinafter referred to as "Bank"), Tiruppur.

(3.) The petitioners/accused were operating current account and had money transactions with the Bank from the year 2000 and between the period 2.9.2002 and 29.5.2003, 1278 cheques were deposited for encashment. In view of the understanding and arrangement with the Bank, the accused availed "Local Bill Discounting" (LBD) and thereby, on deposit of cheques, credit was given "Against the Bill." Under such circumstances, it is alleged that the petitioners A1 to A5, in collusion and conspiracy with A6 to A10, who are Bank officials, during operation of the account as aforementioned, committed the following offences as reflected in the final report filed by the 1st respondent police.