JUDGEMENT
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(1.) THE petitioners are the Accused No.1, 2, 4, 5, 6, 7, and 8 in Crime No.308 of 2007 on the file of the Inspector of Police, Team-I, Central Crime Branch, Egmore, Chennai-600 008 and they have come forward with these petitions to quash the said complaint against them.
(2.) THE allegations in the complaint are:- Accused No.1 is the Leasing Finance Limited, Mylapore, Chennai and its branch office situated at Mysore represented by its Manager and Authorized Signatory Mr.Kuldeep Jain. Accused No.2 and 3 are the Directors of the first Accused Company.
The complainant approached the Accused No.1 at their Chennai office for a financial assistance/management assistance of Rs.13,92,00,000/-. The accused agreed to deposit the said sum and as such Memorandum of Understanding dated 27.01.2004 was entered into between the accused and the complainant. As per Clause 8(a) of the MOU, the complainant was required to place the aforesaid sanctioned loan in a fixed deposit account either in London or Singapore to the entire satisfaction of the accused and the accused or its nominee shall be the sole signatory for such money. As per clause 8(b) of the said MOU at the instance of the complainant, the Accused No.1 has incorporated a company in United Kingdom namely Perk-Inn International Limited. It was agreed to open a current account of the Complainant company in a bank in United Kingdom and the Accused No.1 agreed to transfer the money into the complainant company's account in India and then to the said account in UK. The following are the main salient features
(3.) ACCUSED No.2 represents the Accused No.1 company. The Accused Nos. 3 to 7 were the nominees of the Accused No.1 and were appointed as Directors in terms of the aforesaid MOU. Accused No.7 and 8 have been nominated by the Accused No.1 as Directors in the 100% subsidiary company of the complainant company viz., Perk Inn International Limited, at United Kingdom.;
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