L. J. 2791"K. G. K. Nair v. P.
employee or an exemployee. In
C. Juneja", also it is held that, the provisions of S. 630 are intended to
provide speedy and efficacious redress in cases where company's
property is wrongfully withheld and that the scope of the enquiry in a
proceeding under Section 630 is extremely restricted in law and,
consequently, the parties be confined within those narrow ambits without
being permitted to dilate or protract the proceeding through extraneous
avenues.
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CRL.A(MD).Nos.6 and 7 of 2018
Name Rank of particular Rank in C.C.No.4
witness in C.C.No.3 of 2010
of 2010
K. Ramasamy P.W.-1 P.W.-1
V. Harinarayanan P.W.-2 P.W.-3
Harikrishnan P.W.-3 P.W.-4
C.H. Krishnadas P.W.-4 P.W.-5
Jotty M. Chacko P.W.-5 P.W.-6
G. Anantharaman P.W.-6 P.W.-7
Muralidharan Nair P.W.-7 P.W.-8
S. Palanivel P.W.-8
Ramachandran P.W.-9
M. Mohammad P.W.-10 P.W.-10
Rizwanul Arif
K. Kumaravel P.W.-11 P.W.-11
A.S. Varughese P.W.-12 P.W.-13
Muralidharan P.W.-13 P.W.-12
Subaramaniam P.W.-14 P.W.-14
Aravindan P.W.-15 P.W.-15
Jayakumar P.W.-16
Somu P.W.-17
N. Ravi P.W.-18 P.W.-16
R. Palani P.W.-19
Ranjit Cecil P.W.-20
J. Venkatesan P.W.-21
R. Ravi P.W.-22 P.W.-18
T. Selvakumar P.W.-23 P.W.-19
R. Chinram P.W.-24 P.W.-20
S.Dhilip Iyangar P.W.-2 15/57
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CRL.A(MD).Nos.6 and 7 of 2018
6.1.From the records, it is clear that the appellant was the Customer
Relation Manager of the IDBI bank. From the evidence, it is clear that he
participated in the function organized by P.W.19,namely, Alpha Foundation
for Educational Research Charitable Trust. The evidence of the driver of
the appellant and other evidence through the number of witnesses clearly
shows that he participated in the function organized by P.W.19. In the
function, he assured that he would install ATM machine in the premises of
the Alpha Foundation and also assured to get a loan of Rs.75 Crores upon
the condition of making a fixed deposit of Rs.1.2 Crores. The said
evidence stood corroborated with the remaining evidence. So, the
prosecution clearly proved the first link of the circumstances, namely, he
participated in the function organized by the Alpha Foundation and assured
to get a loan of Rs.75 crores upon the condition of making fixed deposit
for Rs.1.2 Crores. P.W. 19 paid Rs.1.2 Crores to the appellant and the
appellant issued the forged fixed deposit receipts, pay-in-slips and loan
sanctioning letter. After some time P.W.19 came to know that the same was
forged and he demanded the repayment of the amount from the appellant
and the appellant promised to pay the amount and repaid part of the
amount and he failed to pay the balance amount of Rs.54 lakhs. Therefore,
P.W.19 gave a complaint to the Jotty Chocko (P.W.5), Regional Head of the
16/57
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CRL.A(MD).Nos.6 and 7 of 2018
IDBI Bank, Chennai and he made the complaint before CBI and CBI
registered a case in R.C.No.14(A)/2008/CBI/ACBI/CHENNAI. The CBI
found that the appellant received a sum of Rs.54 lakhs from P.W.19 and
issued the forged pay-in-slips and fake fixed deposit receipts and loan
sanctioning letter. During the course of the investigation, the CBI also
found that similar modus operandi was played by the appellant against one
Dhilip Iyangar namely P.W.2 in the C.C.NO.4 of 2010 and collected Rs.
18. This Court, while hearing a matter relating to Public Interest
Litigation in the case of V.B.R.Menon vs. State [W.P.No.2984 of 2017] on
04.03.2019, had suggested to introduce Unmanned Aerial survey by using
the Drone Technology as and when required to monitor illegal mining
activities, check for activity at night and to track illegal truck movements.
Though the Learned Additional Advocate General, who appeared in the
above case had stated that Mining Tenement System (MTS) in the place of
Drone Technology has been introduced, the Petitioner therein proved that
the said system did not bring the expected result and therefore, this Court,
by way of an interim order dated 04.03.2019, had passed the following
order:
:s1ep1 over I}'"1('" matter
nor w0L1EC1 "i.l2e1rV,_(.fc>ii<1{iétf"iii zmy mdrmer i1z('1i(éatc'~ E:.}.1;:1t'
they ;had_ yiczlcl-set;i"Ti;%:1eir right' in favo1.1_r of aeq'uisi1i('>n ami
lfli? jj:-rt.i"Li:(31.e1 filed as an 2-1ft.erE.1e1<')L:gl'11.. (_')ne uilzel' (1L"('7iSi(_JE'I
,1/t;T1i5?,d.TA()'1'?v£:"'i;/iv. ealse 01' CHAREVIAIN §\/1.11)., BI--31. I.'I'D vs
S.P;"LT§UE2:U%"{f5§JA & OTHERS (2003[8} sec: 557} is in E21
0f' "e11a11er1ge to the acquisition in favour of the
eonipziily and such Chéllltillgfl in pulir-lie immesi. was
m<':i(:):."1e belatmlly 2:zf'i<:?r the company lmd taken })()SSt-'.SSi(JE]
3;,
lo the a-1(':q1.iisitioa1 i'ioiil"i<~.a11_ior1 dlld 11 is I'1()'l. 21 came 01'
ShlbSE'*.q1,£(2i"11 pE,1i'(?h.'dS€'I'. ii is in t,l'1a1:: light the issue
relaiiiig to pr(')p<:%1* service of n()ticc will l']&'IE\;'g".'.V'»._l"()._V be
exa_r1'1ii'1ed. The 2-Lppcllexm (.T()l]1€l'1dS '{l'l'c.1l. i.i'i_i"-C"1%;-aiit-,:r.-Vpl'_
Sm{;.'l'him1i"1al<ke1 was 1'n.(iic211.ed in the .r'<':"v'e1fm:¥"-a:'c-r<:V()i'g'l5;'=
£1l"l(i as sucli i101.icc- wens issuc(.i to l'i_¢r..:_;'1zit:.s'<:19iI-':~("i :<"3--:..i vl'lL"'E'
gra1nd--daugl1tc1' on 24.07__;2Q03,"v-\§ri1.i§":l;ij Ci'LlL:'~:i'
Compliance "of the a"eq__L1ia"emc:ni:'olf the p1*oV'isi§)l';;§