LAWS(MAD)-2019-4-696

D.THAYANANTH Vs. STATE

Decided On April 25, 2019
D.Thayananth Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) This petition has been filed to quash the first information report in Crime No.19 of 2018 on the file of the first respondent.

(2.) The petitioners were arrayed as accused in Crime No.19 of 2018 for the offences punishable under Sections 120(B), 408, 465, 468, 470, 471 and 420 IPC based on the complaint given by the second respondent herein.

(3.) The case of the prosecution is that the 2nd respondent is running a company in the name and style of Caape Cod Fashions and Sun Sai Creations in Tiruppur, which involves in exporting Banians to foreign countries on commission basis. The entire bank transactions of the company was dealt with the petitioner's bank Viz.,Karur Vysya Bank, Tiruppur Overseas Branch, Tiruppur. One Kirubashankar/A1, who was working as accountant and Executive Manager for the past five years and also handling bank dealings of above 2 nd respondent company, forged the signature of 2nd respondent in the cheque leaves and had withdrawn a sum of Rs.1,50,70,502/-. According to the defacto complainant, the petitioners who were bank personnel have allowed the accused person A1, to encash the cheques without doing proper verification of signature of the 2 nd respondent. Hence, the 2nd respondent lodged a complaint before the 1st respondent as against the bank officials/the petitioners herein and a case was registered in Crime No.19 of 2018.