M.MADHAVAN Vs. STATE

JUDGEMENT

(1.) This Criminal Revision Case has been filed by the petitioner to call for the records relating to the order passed in Crl.M.P.No.3312 of 2017 dated 06.08.2018 in C.C.No.1 of 2017, on the file of XI Additional and Special Judge for CBI Cases relating to Banks and Financial Institutions at Chennai, and set aside the order passed in Crl.M.P.No.3312 of 2017 dated 06.08.2018 and further direct the concerned Court to consider the petition for conditional pardon to the petitioner / accused-9.

(2.) The 1st respondent is the complainant who has investigated the case and filed charge sheet against 12 accused. The case is that on the written complaint dated 30.12.2015 received from the Chief Regional Manager, Regional Head, IOB, Regional Office, Chennai, the respondent had registered a case in Crime No.RC MA1 0055 A 2015 against A1 and A2 and other unknown officials of Tamilnadu Urban Finance Infrastructure and Development Corporation Limited (hereinafter referred to TUFIDCO) and other unknown persons u/s. 120(B) r/w 420, 420 r/w 511, 409, 419, 467, 468, 471, 472 and 201 IPC and u/s. 13(2) r/w 13(1) (d) of Prevention of Corruption Act 1988 on the allegation that A1 and A2 in conspiracy with each other and unknown officials of TUFIDCO and others managed to defraud the funds to the tune of Rs.23.40 Crores of TUFIDCO, Chennai to be deposited in Fixed Deposits in IOB, Vadapalani Branch for which they induced the Branch Manager of IOB, to deposit it in its Current Account No.900 opened for this purpose by unknown persons impersonating as TUFIDCO Officials, introduced by A2. Pursuant to this the funds were transferred to various accounts in Hyderabad by way of RTGS and furnished 25 numbers of bogus / forged deposits receipts amounting to Rs.23.40 Crores to TUFIDCO to IOB, Vijaya Hospital Branch, Chennai. On coming to know that a fraud was perpetrated on them, immediately took steps to freeze the balance amount lying in the Bank accounts where the money was sent.

(3.) On receipt of the summons issued by the Designated Special Court, the petitioner / A9 appeared before the Trial Court and filed a petition to grant a Conditional Pardon to him under Section 5(2) of Prevention of Corruption Act, 1988 r/w. Sec.307 Cr.P.C. 1973 and treat the petitioner as an Approver in this case.