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T.Kandasamy vs The Deputy Superintendent Of ...
2023 Latest Caselaw 7383 Mad

Citation : 2023 Latest Caselaw 7383 Mad
Judgement Date : 3 July, 2023

Madras High Court
T.Kandasamy vs The Deputy Superintendent Of ... on 3 July, 2023
                                                                       Crl.A.Nos.338, 339, 340, 341 & 342 of 2013



                               IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 03.07.2023

                                                        CORAM

                               THE HON'BLE MR. JUSTICE DR.G.JAYACHANDRAN

                                      Crl.A.Nos.338, 339, 340, 341 & 342 of 2013


                T.Kandasamy                                      ...Appellant in all Crl. Appeals

                                                          -vs-

                The Deputy Superintendent of Police,
                SPE/CBI/ACB,
                Chennai
                In R.C.60(A)/2002.                          ... Respondent in all Crl.Appeals

PRAYER: Criminal Appeals filed under Section 374(2) Cr.P.C., to set aside the order passed in C.C.No.3 of 2004, C.C.No.5 of 2004, C.C.No.4 of 2004, C.C.No.6 of 2004, C.C.No.7 of 2004 on the file of the II Additional District Judge (CBI Cases), Coimbatore, dated 27.03.2013.

For Appellant : Mr.R.John Sathyan, Senior Counsel for Mr.S.N.Arunkumar

For Respondent : Mr.K.Srinivasan, Senior Counsel and Special Public Prosecutor

https://www.mhc.tn.gov.in/judis

Crl.A.Nos.338, 339, 340, 341 & 342 of 2013

COMMON JUDGMENT

These Criminal Appeal Nos.338, 339, 340, 341 and 342 of 2013 have

been filed against the judgments dated 27.03.2013 passed in C.C.No.3 of 2004,

C.C.No.5 of 2004, C.C.No.4 of 2004, C.C.No.6 of 2004 and C.C.No.7 of 2004

respectively, on the file of the II Additional District Judge (CBI Cases),

Coimbatore.

2. During the Month of December, 2002, Superintendent of Police,

SPE, CBI,ACB, Chennai received a reliable information that, T.Kandasamy,

working as Rural Development Officer in Indian Bank, Udumalaipet Branch

between 1995-2002 had fraudulently and dishonestly withdrew nearly

Rs.53,34,000/- by creating 72 false agricultural loans in the name of different

persons not in exisence and appropriated the money of the Bank.

3. On completion of the investigation, the final report disclosed 15

fake agricultural loan accounts were dishonestly opened by the accused

Kandasamy by abusing his official position and using false documents and

forging the signatures of the fictitious loanees and falsified records as if they

received the loan amount. The money routed to fictitious Saving Bank

Accounts opened by the accused and the money withdrawn.

https://www.mhc.tn.gov.in/judis

Crl.A.Nos.338, 339, 340, 341 & 342 of 2013

4. Five separate final reports (for three fictitious accounts each) filed

and taken up for consideration by the Learned Special Court in C.C.Nos.3 to 7

of 2004. The trial Court framed charges under sections 420, 467, 468 and 471

I.P.C and Section 13(2) r/w 13(1)(e) of PC Act, 1988. After trial, the Special

Court held the accused guilty and convicted.

5. The gist of the F.I.R is that the appellant with an intention to cheat

the Bank, had created 72 agricultural loans in fictitious names and

misappropriated a total sum of Rs.53,34,000/-. The loan applications, vouchers

for debit notes and withdrawal slips were prepared by the accused and he

forged signatures of fictitious persons and using it as genuine, he had

withdrawn a total sum of Rs.53,34,000/- and out of which, he had periodically

remitted the amount to the tune of Rs.2,66,589/- in the name of those fictitious

persons to prevent early detection and to make believe the Bank that the

loanees/real persons have repaid it to the Bank. After investigation, the

prosecution agency found that, out of 72 loan files, 35 are missing and from and

out of 42 loans, they could make out a prima facie case as against the accused

in 15 cases. In all the five cases, almost the witnesses and evidence are same

and common.

https://www.mhc.tn.gov.in/judis

Crl.A.Nos.338, 339, 340, 341 & 342 of 2013

6. When the misappropriation of Bank money by opening fictitious

loan accounts came to light, the accused himself voluntarily come forward to

confess his guilt and his confession statement was recorded in the presence of a

Notary Public by name Mr.Kanagasundaram. That apart, Investigating Officer

forwarded the handwriting and the signatures found in the disputed documents

were sent to expert for comparison with the signature of the accused. The

opinion given by Mr.A.Balsami, Assistant Government Examiner of

Questioned Documents, had clinchingly proved that the accused had signed in

the vouchers and withdrawal slips for the loan accounts created in the name of

fictitious persons. The trial Court had gone at length and discussed the

testimony of each of the prosecution witnesses and documents connected with

the loan accounts and finally found the accused guilty of the charges and

sentenced him.

7. Being aggrieved by the conviction and sentence passed by the

Learned Additional District Judge/Special Judge for CBI cases, Coimbatore,

the Criminal Appeals have been filed by the appellant.

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Crl.A.Nos.338, 339, 340, 341 & 342 of 2013

8. The Learned Senior Counsel appearing for the appellant submit

that the trial Court has heavily relied upon the confession statement given by

the appellant, which is a make belief document created by the respondent. The

falsity of the document manifest on the face of the document, The lengthy

confession statement with wealth of details, particulars, numbers and date as

found in the alleged confession statement of the accused is unbelievable since,

according to the prosecution, it has been given voluntarily by the accused on a

Sunday in the presence of Notary Public. That apart, the alleged confession

statement is dated 10.11.2002. Even thereafter, the Chief Manager or any

Senior Officer of IOB, Udumalpet Branch had initiated criminal prosecution. It

appears, the Investigating Officer, on his own appears, have registered the

complaint based on the source information. Further, the Learned Counsel for

the Appellant, submit that the Investigating Officer had not done the

investigation in a fair and unbias manner. He had not secured about 30 loan

files, which would have brought to light the true fact and the real culprit.

https://www.mhc.tn.gov.in/judis

Crl.A.Nos.338, 339, 340, 341 & 342 of 2013

9. The learned Senior Counsel referring the testimony of

Mr.Soundaian, Veterinary Assistant Surgeon who was examined as P.W.2 in

C.C.No.3 of 2004 submitted that this witness has categorically deposed that he

has seen the cattle as well as the loanee. Therefore, his evidence is against the

testimony of P.W.10-Postman T.Murugan, P.W.11-Sub Post Master

R.Sivakarthikeyan, P.W.5-The Deputy Tahsildar, P.W.6-The Village

Administrative Officer, P.W.7-V.Kuppusamy, the Salesman of the Ration shop

and P.W.8-K.Rajendran, the resident of the village, had supported the case of

the prosecution by deposing that there was no person in the village by name

Ramasamy Gounder, Kuppusamy Gounder and Selvaraj. (the ranking of the

witnesses may differ in some cases). Therefore, benefit of doubt ought to have

been given to the accused.

10. Per contra, Mr.Srinivasan, Learned Special Public Prosecutor for

the respondent submitted that the confession statement of the accused is

voluntary containing wealth of details as to how he misappropriated the bank

funds from 1995 and what for he misappropriated the money. These are the

information which are with in the special knowledge of the accused and

disclosed voluntarily in the presence of Notary Public, hence the statement

https://www.mhc.tn.gov.in/judis

Crl.A.Nos.338, 339, 340, 341 & 342 of 2013

carries the character of extra judicial confession given voluntarily without any

force or coercion. Hence it is admissible in evidence. That apart, the charges

like falsification of document, forging the valuable security and using it as

genuine, are well proved by examining the disputed documents with the

specimen signature of the accused. The handwriting expert has categorically

opined that the handwriting and signature found in the loan documents are that

of the accused and particularly, the pro-notes executed in the name of loanee

bears the signatures of the accused. To prove those loanees are not real persons,

the prosecution has examined Revenue officials as well as local residents.

11. The prosecution has proved through its witnesses that the loanee's

are not residence of that village. If the accused want the existence of fact, he

has to be prove the existence. In this case, the accused who pleaded that the

loanee's are real and existing persons and not fictitious persons, has the burden

to prove that they are residents of the village and they availed loan. Having

failed to prove the existence of the fact that the loanees are real persons who

came to Bank to avail loan, the negative evidence let in by the prosecution by

examining Deputy Tahsildar, VAO, Ration Shop staff, Postman and Post

Master of the area, is sufficient to prove the case of the prosecution. Therefore,

https://www.mhc.tn.gov.in/judis

Crl.A.Nos.338, 339, 340, 341 & 342 of 2013

he sought for confirmation of the impugned judgement passed by the trial

Court.

12. The above common submissions made by the Learned Counsel

and facts of the case being same, this Court passes the following judgement:-

C.A.No.338 of 2013

13. This Criminal Appeal is directed against the judgement passed in

C.C.No.3 of 2004 by the II Additional District Judge (CBI Cases), Coimbatore.

14. In this case, totally 15 charges were framed (5 charges for each

one of the three incidents). In order to prove the case of the prosecution, on the

side of the prosecution, as many as 21 witnesses were examined as P.W.1 to

P.W.21 and 52 exhibits were marked as Ex.P.1 to Ex.P.52. On the side of the

defence, no oral and documentary evidence was produced. The trial Court has

convicted the appellant for five charges as stated below:-

https://www.mhc.tn.gov.in/judis

Crl.A.Nos.338, 339, 340, 341 & 342 of 2013

Charges Sentence 420 IPC Two years Rigorous Imprisonment and to pay fine of Rs.3,000/- in default to undergo Simple Imprisonment for 6 months. 467 IPC Three years Rigorous Imprisonment and to pay fine of Rs.5,000/- in default to undergo Simple Imprisonment for 6 months. 468 IPC Two years Rigorous Imprisonment and to pay fine of Rs.3,000/- in default to undergo Simple Imprisonment for 6 months. 471 IPC Two years Rigorous Imprisonment and to pay fine of Rs.3,000/- in default to undergo Simple Imprisonment for 6 months. 13(2) r/w Three years Rigorous Imprisonment and to pay fine of Rs.6,000/- in 13(1)(d) of P.C default to undergo Simple Imprisonment for 6 months.

Act

15. For a moment even assuming the contention of the Learned

Senior Counsel appearing for the appellant regarding the confession statement

of the accused alleged to have been given in the presence of P.W.9-

Kanagasundaram is not voluntary, and the confession statement Ex P-34 is

eschewed, even then, the prosecution through other oral and documentary

evidence had able to establish the guilt of the accused in respect of charges of

cheating, forging valuable security and using the valuable security as genuine

for misappropriating the Bank funds. The loanee's K.Ramasamy Gounder,

S.Selvaraj and Kuppursamy Gounder are non existing persons of the said

village. This fact is proved by the prosecution through Ex.P.31, Ex.P.32 and

Ex.P.33. Preparation of false documents such as loan applications in the name

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Crl.A.Nos.338, 339, 340, 341 & 342 of 2013

of K.Ramasamy Gounder, S.Selvaraj and Kuppursamy Gounder , creation of

vouchers in the name of those fake loan applicants by the accused is proved

through hand writing experts opinion. It may not be inappropriate for the Bank

staff to fill the forms and to assist the customer for affixing the signature, but

the forms and vouchers prepared in the name of non-existing persons attracts

the criminal prosecution and the accused being a banker / public servant,

misconduct to obtain pecuniary advantage by abusing his position, warrants

conviction under Section 13(2) read with 13(1)(d) of Prevention of Corruption

Act, 1988.

16. The hand writing expert's opinion Ex.P-46 and the reasons for the

said opinion Ex.P-47 categorically points the guilt of the accused for creating

the valuable security, namely Demand Draft and creating false documents such

as loan applications. This proves and satisfies the necessary ingredients

required to punish the accused under Sections 467, 468 and 471 IPC., In this

case, the total loan amount under three applications is Rs.35,000/- which has

been drawn by the accused by preparing withdrawal slips and thereby, the

ingredients of cheating gets attracted. This Court finds that the conviction by

the trial Court is to be confirmed. Accordingly, confirmed.

https://www.mhc.tn.gov.in/judis

Crl.A.Nos.338, 339, 340, 341 & 342 of 2013

C.A.No.339 of 2013

17. Appeal is direct against the Judgement passed in C.C.No.5 of

2004. This case relates to crop loans in the name of Karuppasamy,

Ranganayagi and Subramanian. The accused as Rural Development Offier, had

opened loan accounts in the above fictitious persons. For the said purpose had

prepared false documents such as:- application for agricultural loans,

Application for renewal of crop loans, Appraisal note for sanction, disposal for

proceeds letter, Hypothecation letter, assets and liability reports and letter of

acknowledgement of loan of opening the account and to sanction loans, The

accused through these documents had raised loan in the name of those fictitious

persons, has misappropriated a sum of Rs.73,000/-. The trial Court has framed

15 charges against the accused. In order to prove the case of the prosecution,

on the side of the prosecution, as many as 24 witnesses were examined as

P.W.1 to P.W.24 and 37 exhibits were marked as Ex.P.1 to Ex.P.37. On the

side of the defence, no oral and documentary evidence was produced. The trial

Court has convicted the appellant for the following offences:-

                          Charges                                   Sentence
                           420 IPC          Two years Rigorous Imprisonment and to pay fine of

Rs.3,000/- in default to undergo Simple Imprisonment for 6 months.

467 IPC Three years Rigorous Imprisonment and to pay fine of

https://www.mhc.tn.gov.in/judis

Crl.A.Nos.338, 339, 340, 341 & 342 of 2013

Charges Sentence Rs.5,000/- in default to undergo Simple Imprisonment for 6 months.

468 IPC Two years Rigorous Imprisonment and to pay fine of Rs.3,000/- in default to undergo Simple Imprisonment for 6 months.

471 IPC Two years Rigorous Imprisonment and to pay fine of Rs.3,000/- in default to undergo Simple Imprisonment for 6 months.

13(2) r/w13(1)(d) of Three years Rigorous Imprisonment and to pay fine of Prevention of Rs.6,000/- in default to undergo Simple Imprisonment for 6 Corruption Act months.

18. The Chief Manager of Indian Bank has been examined as P.W.8.

The non-existence of loanees had been spoken by the residents of the village as

well as the Revenue Officials and the Post man who were examined as P.W.2 to

P.W.7. Their reports are marked as Ex P-3 to Ex P-9. The specimen signature of

the accused had been collected and sent for comparison with disputed

documents and they have been examined by the Deputy Government Examiner

P.W.19 and his report Ex.P32 proved the guilt of the accused forging the

signature of non-existing persons.

19. The learned counsel for the appellant submit that the evidence of

the village residents and Revenue officials not adequate, unless the voter list of https://www.mhc.tn.gov.in/judis

Crl.A.Nos.338, 339, 340, 341 & 342 of 2013

the village produced. In this connection, the Investigating Officer, who was

cross-examined, answered in negative and he has not provided any explanation

for not collecting the voters' list. The absence of villagers cannot be the reason

to presume that they are non-existing persons.

20. After considering the rival submissions made by the learned

counsel, this Court finds that non-production of voters' list is not fatal to the

case of the prosecution, when the non-existence of loanee has been proved

through other evidence. The accused who wants to prove the existence of the

villagers, has not let in any evidence, and in fact, this Court finds that most of

the witnesses were not cross examined by the accused to probabilize his

defence. Hence, Court upholds the conviction by the trial Court.

C.A.No.340 of 2013

21. This Criminal Appeal is directed against the judgment dated

27.03.2013 passed in C.C.No.4 of 2004 on the file of the II Additional District

Judge (CBI Cases), Coimbatore. In this case, to avail crop loans fictitious

accounts in the name of S.Kuppusamy Gounder, Sivasamy and R.Subbaiyan

was opened. Totally Rs 74,500/- misappropriated. The trial Court framed 15

https://www.mhc.tn.gov.in/judis

Crl.A.Nos.338, 339, 340, 341 & 342 of 2013

charges. In order to prove the case of the prosecution, on the side of the

prosecution, as many as 24 witnesses were examined as P.W.1 to P.W.24 and

35 exhibits were marked as Ex.P.1 to Ex.P.35. On the side of the defence, no

oral and documentary evidence was adduced.

22. Crop loans in the name of Kuppusamy Gounder for a sum of

Rs.25,000/-, Sivasamy for a sum of Rs.24,500/- and Subaiyan for a sum of

Rs.25,000/- sanctioned based on the false documents prepared and presented by

the accused. The trial Court found the accused guilty of the following charges

and sentenced him as below:

                    Charges                                      Sentence

                    420 IPC          Two years Rigorous Imprisonment and to pay fine of Rs.3,000/- in

default to undergo Simple Imprisonment for 6 months. 467 IPC Three years Rigorous Imprisonment and to pay fine of Rs.5,000/- in default to undergo Simple Imprisonment for 6 months.

468 IPC Two years Rigorous Imprisonment and to pay fine of Rs.3,000/- in default to undergo Simple Imprisonment for 6 months. 471 IPC Two years Rigorous Imprisonment and to pay fine of Rs.3,000/- in default to undergo Simple Imprisonment for 6 months. 13(2) r/w Three years Rigorous Imprisonment and to pay fine of Rs.6,000/- in 13(1)(d) of default to undergo Simple Imprisonment for 6 months. P.C Act

https://www.mhc.tn.gov.in/judis

Crl.A.Nos.338, 339, 340, 341 & 342 of 2013

23. The argument placed in C.A.No.339 of 2013 was adopted by the

learned counsels. In addition, the learned Special Public Prosecutor submitted

that in this three loans as well as in many other loans, the loan account was

introduced by the accused without obtaining photograph of loanee to facilitate

the withdrawal of money dishonestly.

24. By examining the Revenue officials P.W.2-Manickavasagam,

Village Administrative Officer and P.W.4-Dhandapani, Village Administrative

Officer, as well as P.W-11 to P.W-15, the Sub-Post master, Postman of the two

villages and the sales woman and sales man of local ration shop, the

prosecution has established that the loanees are not residents of the village and

they are non existing persons. The Hand writing expert opinion, proves the fact

that all the loan documents including payment vouchers were prepared by the

accused and payment vouchers Ex.P.9, Ex.P.12, Ex.P.15 having been signed by

the accused. The opinion of the expert is marked as Ex.P.28 and the reasons

given him which has been marked as Ex.P.29, this Court finds that no error in

the impugned judgement of the trial Court. Hence the conviction is confirmed.

https://www.mhc.tn.gov.in/judis

Crl.A.Nos.338, 339, 340, 341 & 342 of 2013

C.A.No.341 of 2013

25. This Criminal Appeal is against C.C.No.6 of 2004 on the file of

the II Additional District Judge (CBI Cases), Coimbatore. The trial Court on

perusing the records, has framed 15 charges. In order to prove the case of the

prosecution and on the side of the prosecution, as many as 28 witnesses were

examined as P.W.1 to P.W.28 and 46 exhibits were marked as Ex.P.1 to

Ex.P.46. On the side of the defence, no oral and documentary evidence was

produced. The trial court being convinced by the prosecution evidence, held

the accused guilty and sentenced him as below:-

                    Charges                                       Sentence
                     420 IPC          Two years Rigorous Imprisonment and to pay fine of Rs.3,000/- in

default to undergo Simple Imprisonment for 6 months. 467 IPC Three years Rigorous Imprisonment and to pay fine of Rs.5,000/- in default to undergo Simple Imprisonment for 6 months. 468 IPC Two years Rigorous Imprisonment and to pay fine of Rs.3,000/- in default to undergo Simple Imprisonment for 6 months. 471 IPC Two years Rigorous Imprisonment and to pay fine of Rs.3,000/- in default to undergo Simple Imprisonment for 6 months. 13(2) r/w Three years Rigorous Imprisonment and to pay fine of Rs.6,000/- in 13(1)(d) of default to undergo Simple Imprisonment for 6 months. P.C.Act

https://www.mhc.tn.gov.in/judis

Crl.A.Nos.338, 339, 340, 341 & 342 of 2013

26. Being aggrieved, the appeal is filed. The Learned Senior Counsel

for the appellant, adopted his arguments made in the connected appeals.

27. This case pertaining to crop loan to three fictitious persons. The

payment of agricultural/crop loan in the name of Krishnasamy, Muralikrishnan

and Bakkiyam had been established by the prosecution through Exs.P11 to P19.

In this case the accounts are opened in the name of loanee on the introduction

of the accused. The loan amount was drawn by the accused and the said fact

has been proved by the expert opinion Ex.P37. The Registered Post sent to the

loanee D.Krishnasamy, Muralikrishnan and M. Bakkiyam were returned as

unserved with an endorsement “no such person” and the returned covers are

marked as Exs.P31 to 33 to buttress the fact that the three loanee's are non

existing persons, the prosecution has examined P.Ws.2 to 9-who are the

Revenue officials and the local residents. The fabrication of documents such as

loan applications, application of renewal of loans, hypothecation letter, letter of

acknowledging the liabilities are prepared by the accused in his hand and

produced to the Bank for sanction of loans. Therefore, this Court finds that the

conviction by the trial Court to be confirmed and accordingly the same

confirmed.

https://www.mhc.tn.gov.in/judis

Crl.A.Nos.338, 339, 340, 341 & 342 of 2013

C.A.No.342 of 2013

28. This Criminal appeal is directed against the judgment dated

27.03.2013 passed in C.C.No.7 of 2004 on the file of the II Additional District

Judge (CBI Cases), Coimbatore.

29. In this case, on completion of investigation, final report has been

filed as against the accused alleging that the accused had sanctioned crop loans

in the name of Arumugam, a sum of Rs.25,000/-, in the name of Nagaraj a sum

of Rs.25,000/- and in the name of Indrani, a sum of Rs.24,000/-, by creating

false documents, and had withdrawn the said money. All these three loanee's

are non existing persons. For sanctioning the loan, the accused had prepared

false documents and used it as genuine, he had forged signatures in the pro-

notes in the name of fictitious persons. The trial Court framed 15 charges and

in order to prove the case of the prosecution, on the side of the prosecution, as

many as 27 witnesses were examined as P.Ws.1 to 27 and 35 exhibits were

marked as Exs.P1 to P 35. On the side of the defence, no oral and documentary

evidence was produced. On appreciating the evidence, the trial Court found the

accused guilty of the following charges and sentenced him as below:

https://www.mhc.tn.gov.in/judis

Crl.A.Nos.338, 339, 340, 341 & 342 of 2013

Charges Sentence 420 IPC Two years Rigorous Imprisonment and to pay fine of Rs.3,000/- in default to undergo Simple Imprisonment for 6 months. 467 IPC Three years Rigorous Imprisonment and to pay fine of Rs.5,000/- in default to undergo Simple Imprisonment for 6 months. 468 IPC Two years Rigorous Imprisonment and to pay fine of Rs.3,000/- in default to undergo Simple Imprisonment for 6 months. 471 IPC Two years Rigorous Imprisonment and to pay fine of Rs.3,000/- in default to undergo Simple Imprisonment for 6 months. 13(2) Three years Rigorous Imprisonment and to pay fine of Rs.6,000/- in r/w13(1)(d) of default to undergo Simple Imprisonment for 6 months. P.C.Act

30. Considering the submissions made by the learned counsel

appearing for the appellant as well as the learned Special Public Prosecutor

appearing for the respondent and on perusing the evidence in the light of

judgement rendered by the trial Court, this Court finds that the trial Court's

findings require no interference, since the prosecution witnesses had spoken

about the non-existence of loanee, creation of loan accounts in the name of

those non-existing persons by the accused and withdrawal of money by the

accused. PW-4 to PW-7 are the Revenue Officials, Postman in the area and the

resident of the locality. They had clearly deposed that there is no such person in

the village. Withdrawal of loan amount sanctioned to these loanee's, creation of

Bank accounts and loan transaction including encashment of the loan amount

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Crl.A.Nos.338, 339, 340, 341 & 342 of 2013

had been spoken by PW-8 to PW-13. The signatures and hand writing found in

the documents pertaining to the loan transactions, the ledgers entries are by the

accused and the same is proved through the evidence of the handwriting expert

P.W.23 and his opinion Ex.P33 and reasoning Ex P-34. The accused in fact,

had periodically paid paltry amount towards the loan accounts to show as if it

is a genuine transaction. This further strengthens the case of the prosecution

that the accused had opened the loan account with dishonest intention to cheat

the Bank and screen the crime he was repaying the loan due occasionally. The

trial court has rightly convicted the accused after considering the evidence.

Hence the conviction of the trial court in CC No. 7/2004 is confirmed.

31. The learned Senior counsel appearing for the appellant finally

submitted that presently the accused is 68 year old and he had substantially

repaid the amount which is alleged to have been misappropriated. In any event,

the fraud of opening 72 accounts might not have occurred without the

connivance of senior bank officials and others, however, this appellant alone

was made as scape goat. Taking into consideration of this fact and substantial

repayment of money lost by the Bank, the period of sentence imposed on the

accused may be considered sympathetically and also taking note of the fact that

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Crl.A.Nos.338, 339, 340, 341 & 342 of 2013

all the five charge sheets had emanated on the common F.I.R allegedly by

source of information, the period of sentence in all the five cases may be

ordered to run concurrently by exercising power under Section 427 Cr.P.C.

32. The learned Special Public Prosecutor appearing for the

respondent, per contra, submit that misappropriation of the Bank fund had been

dishonestly been carrying on by the accused for nearly seven years and the

scheme which was meant for farmers had been defaulted and misappropriated

by him for his personal use. Hence the sentences need not be interfered with.

33. After considering the contra submissions made by the learned

counsels on either side, this Court is of the view that the period of three years

Rigorous Imprisonment imposed for the offences under Section 467 IPC and

13(2) r/w13(1)(d) of Prevention of Corruption Act in all cases be reduced into

two years Rigorous Imprisonment. While confirming the fine amounts and

default sentences, taking into consideration the sentence imposed in each case,

in exercise of power under Section 427 Cr.P.C., the period of sentences

imposed in C.C.No.5 of 2004, C.C.No.4 of 2004, C.C.No.6 of 2004 and

C.C.No.7 of 2004 on the file of the II Additional District Judge (CBI Cases),

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Crl.A.Nos.338, 339, 340, 341 & 342 of 2013

Coimbatore, dated 27.03.2013 is ordered to run concurrently along with

C.C.No.03/2004.

34. In the result, while confirming the conviction in C.A.Nos, 338,

339, 340, 341 & 342 of 2013, the sentence of two years R.I for the offences

under Sections 420, 468 and 471 IPC is confirmed. The sentence of three years

R.I imposed for the offences under Sections 467 IPC and 13(2) r/w13(1)(d) of

Prevention of Corruption Act alone is reduced to two years R.I. The period of

sentence in all the cases shall run concurrently.

35. With the above modification of sentence, Crl.A.Nos.338, 339,

340, 341 & 342 of 2013 are partly allowed. Consequently connected

miscellaneous petitions if any, are closed.


                                                                                                 03.07.2023

                Index    :Yes/No.
                Internet :Yes/No.
                Speaking Order/Non-Speaking Order
                mfa

                Copy to:-

1. The II Additional District Judge (CBI Cases), Coimbatore,

2. The Deputy Superintendent of Police, SPE/CBI/ACB, Chennai

3. The Public Prosecutor, High Court, Chennai.

https://www.mhc.tn.gov.in/judis

Crl.A.Nos.338, 339, 340, 341 & 342 of 2013

DR.G.JAYACHANDRAN,J.,

mfa

Crl.A.Nos.338, 339, 340, 341 & 342 of 2013

03.07.2023

https://www.mhc.tn.gov.in/judis

 
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LatestLaws Guest Court Correspondent Apply Now!
 

LatestLaws.com presents: Lexidem Offline Internship Program, 2026

 

LatestLaws.com presents 'Lexidem Online Internship, 2026', Apply Now!

 
 

LatestLaws Partner Event : Smt. Nirmala Devi Bam Memorial International Moot Court Competition

 

LatestLaws Partner Event : IJJ

 
 
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