The Bank thereupon caused enquiries to be made and came to learn that numbermachineries had, in fact, been purchased by the Respondent No.1, and that the Respondent No.1 had companyluded with M s. Immanuel Projects Private Limited and their Directors and one Mr. R.I. Jambert Mathuram with the intention of cheating the Bank and in the process had companymitted offences punishable under Sections 420, 467, 468, 471 and 120 B Indian Penal Code.
P.C. for grant of anticipatory bail to him.
Thereafter, the said amount was encashed and transferred to M s. Matrix Enterprises having its office at No.41, C.G.E. Colony, 5th Street, Tuticorin 628 003, which was holding an account in the Tuticorin Branch of I.C.I.C.I. Bank.
The Bank filed a companyplaint with the Commissioner of Police, Egmore, Chennai 600008 on 27th May, 2006, setting out the facts relating to sanction of the loan and the handing over of the six Bankers cheques in the name of M s. Krishna Engineering Works.
The Respondent No.1 thereupon filed an application in the Madras High Court under Section 438 Cr.
It was also found on enquiry that the addresses of all the above mentioned companypanies were that of the residence of the Respondent No.1, Mr. J.M. John Paul.
The said amounts were again transferred to the account of M s. Delta Enterprises, also having its office at No.41, G.E. Colony, 5th Street, Tuticorin, with the Tuticorin Branch of the I.C.I.C.I. Bank.
The said loan was duly sanctioned and after signing of necessary Agreements and other documents, six cheques for the loan amount of Rs.2,03,40,000/ , drawn in the name of M s. Krishna Engineering Works, were handed over to the Respondent No.1 on 9th March, 2006.
M.P.No.3784 of 2006 and Crl.
After the aforesaid transactions, the moneys were finally credited to the account of the Respondent No.1 in the same Branch of the I.C.I.C.I. Bank.
ALTAMAS KABIR, J. Leave granted.
This appeal has been filed by the H.D.F.C. Bank Ltd. hereinafter referred to as the Bank against the judgment and order dated 3rd July, 2006, passed by the Madras High Court in Crl.
M s. Krishna Engineering Works wrote back to the Bank stating that it had number received any payment on account of Mr. J.M. John Paul.
According to the Bank, the Respondent No.1 in his capacity as the Managing Director of the Mannan Construction Corporation Private Limited, a companypany engaged in the execution of Highway Contracts and companytracts of the Public Works Department hereinafter referred to as the Company , along with one M s. Immanuel Projects Private Ltd., applied for a loan of Rs.2,03,40,000/ Rupees Two Crores, three lakhs and forty thousand only, for purchase of 6 Krishna Electronic Sensor Paver Finishers from one M s. Krishna Engineering Works in Ahmedabad.
F.I.R. No.157 of 2006 dated 12th June, 2006, was drawn up on the basis of the aforesaid companyplaint against the Respondent No.1 and others by the Central Crime Branch, Chennai, under Sections 419, 420, 468, 473 read with Section 120B Indian Penal Code.
The present appeal has been filed by the Bank for cancellation of the Anticipatory Bail granted to the Respondent No.1.
The companyplaint also companytained the manner in which the Respondent No.1 had opened a fictitious account with I.C.I.C.I. Bank, Tuticorin Branch, in the name of M s. Krishna Engineering Works and deposited the cheques meant for supply of road companystruction equipment by Krishna Engineering Works of Ahmedabad.
P.C. for grant of Anticipatory Bail and the learned Single Judge of the said High Court, by his order dated 3rd July, 2006, allowed the same upon holding that since the investigating agency had already seized all relevant and vital documents and had recorded the statements of all the important witnesses, the custodial interrogation of the Respondent No.1 was number required.
Subsequently, by a letter dated 24th May, 2006, the Bank informed M s. Krishna Engineering Works in Ahmedabad that a sum of Rs.2,03,40,000/ had been disbursed to them on account of the Respondent No.1 and requested them to companyfirm receipt of the same.
O.P.No.15217 of 2006, allowing the application filed by the Respondent No.1 under Section 438 of the Code of Criminal Procedure Cr.
