V. EASHWAR Vs. STATE

JUDGEMENT

(1.) This petition has been filed by the petitioner seeking to set aside the order passed by the learned II Additional District Judge for CBI Cases, Madurai in Cr. M.P. No. 2588 of 2018 in C.C. No. 8 of 2011 order dtd. 27/12/2018.

(2.) The case of the prosecution is that one Aarthipaul who is A8 offered the collateral security of the residential building which is belonged to her father to the loan accounts of A1 to A7 in the Indian Bank, Tenkasi Branch to the tune of Rs.1,13,00,000.00 (Rupees one crore thirteen lakhs) by creating forged documents and they have not repaid the loan amount to the Bank. Hence, the case was registered.

(3.) The learned counsel for the petitioner submits that totally 12 accused persons are involved in this case. The petitioners are A9 and A10. In this case, totally 51 witnesses are arrayed in the prosecution. In which, P.W.17 who is the Accountant in the relevant period in the Indian Bank, Tenkasi Branch was examined on 20/6/2016. On that day since the senior counsel leading in the said matter was engaged before the Madurai Bench of Madras High Court, Madurai, they were unable to cross examine the P.W.17 on that day. Therefore, they filed a petition under Sec. 311 of Cr.P.C., in Cr. M.P. No. 2588 of 2018 in C.C. No. 8 of 2011 before the II Additional District Judge for CBI Cases, Madurai on 31/10/2018. However, the same was dismissed on 27/12/2018. Aggrieved the same, the present criminal original petition has been filed.