Radhakrishnan v. State Rep.By

ORDER This Revision has been preferred as against the petition filed to discharge in Crl.M.P.No.5511 of 2021 in CC.No.2 of 2021 dated 23.07.2024 on the file of the XI Additional Special Court for CBI Cases, Chennai. Page2 of 4

¶2The case of the prosecution is that the petitioner was working as a Branch Manager at Indian Bank, Saidapet Branch and he entered into criminal conspiracy with A1 and other accused sanctions loans to the firms based on the forged documents and without verifying the existence of the firms as per the laid down procedure. It was further alleged that the borrowers did not repay the loan within the stipulated time and fraudulently misappropriated the funds without doing any business thereby making the loans fall into non-performing assents and thus cheated the bank and caused wrongful loss to the tune of Rs.4.56 crores. In pursuance to the said complaint, respondent registered FIR and after completion of investigation, charge sheet was filed before the trial Court for the offence under Section 409 of IPC, Section 13(2) read with Section 13(1)(d) of PC Act, 1988 and Section 120 B of IPC read with Section 420, 409, 468 read with Section 471 of IPC and Section 13(2) read with Section 13(1)(d) of PC Act, 1988.

¶3It is seen that, documents submitted by the borrowers in pursuance of criminal conspiracy with the petitioner are very crucial in the processing and sanctioning of the loans. Those documents clearly shows that the petitioner had knowingly accepted the forged documents and sanctioned the loans. Further, petitioner also accepted the fabricated rental agreement purportedly signed Page3 of 4 between the owner of the property for sanctioning credit facilities to a non-existent firm and the said rental agreement was never executed by the owner of the rented property. Therefore, this Court is of the view that there are materials available to frame charges as against the petitioner and hence the trial Court rightly dismissed the petition for discharge and this Court finds not infirmity or illegality in the order passed in Crl.M.P.No.5511 of 2021 in CC.No.2 of 2021 dated 23.07.2024.

¶4Accordingly, this Criminal Revision Petition is dismissed. Consequently, connected miscellaneous petition is closed. No costs. 05-06-2026 SMA To

¶1The Inspector Of Police, Spe/cbi/acb/chennai.

¶2The Public Prosecutor, Madras High Court. CRLoRCoNo.o1435oofo2024 G.K.ILANTHIRAIYAN,oJ. SMA CRLoRCoNo.o1435oofo2024 05-06-2026 Page4oofo4

Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 05-06-2026 CORAM THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN and Crl.M.P.No.12092 of 2024 Radhakrishnan S/o. R.Madheswaran,The Then Branch Manager, Indian Bank, Presently Under Suspension, Flat No.6, 2nd Street, Akbarqabad, Kodambakkam, Chennai - 600 024. ..Petitioner(s) Vs State Rep.By The Inspector Of Police, Spe/cbi/acb/chennai. ..Respondent(s) PRAYER : Criminal Revision Case filed under Section 397 read with Section 401 of Cr.P.C to set aside the order in Crl.M.P.No.5511 of 2021 in CC.No.2 of 2021 dated 23.07.2024 on the file of the XI Additional Special Court for CBI Cases, Chennai. For Petitioner(s): Mr.V.Raghavachari Senior Counsel for Srimathi V. For Respondent(s): Mr. K.Srinivasan Special Public Prosecutor for CBI Cases