Madras High Court
A.V.Shanmugasundaram vs State By on 30 November, 2023
Author: A.D.Jagadish Chandira
Bench: A.D.Jagadish Chandira
Crl.A.No.730 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.11.2023
CORAM
THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA
Crl.A.No.730 of 2016
A.V.Shanmugasundaram ... Appellants/A2
Vs.
State by,
The Deputy Superintendent of Police,
BS&FC/CBI/Bangalore.
RC No.4/E/1996/BLR
RC No.1/E/1997/BLR ... Respondent
PRAYER: The Criminal Appeal is filed under Section 374(2) of Cr.P.C., to
set aside the conviction and sentence imposed by the learned Principal
Special Judge for CBI cases, VIII Additional City Civil Court, Chennai in
C.C.No.29 of 1999 dated 29.09.2016.
For Appellant : Mr.Nagaraj
For Respondent : Mr.K.Srinivasan,
Special Public Prosecutor for CBI Cases
1/5
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Crl.A.No.730 of 2016
JUDGMENT
The accused No.2 in RC.4(E)/96/BLR and RC 1(E)/97/BLR for the
offences punishable under Sections 120-B IPC read with 420 IPC and 13(2)
read with 13(1)(c) and 13 (1) (d) of Prevention of Corruption Act, 1988, has
come up with the present Criminal Appeal challenging the judgment
rendered by the Principal Special Judge for CBI Cases, VIII Additional
City Civil Court, Chennai, in C.C.No.29 of 1999 dated 29.09.2016
convicting him for the offence under Section 13(2) read with 13(1) (d) of
the Prevention of Corruption Act, 1988 and sentencing to undergo
imprisonment for one year and also to pay a fine of Rs.10,000/-, in default
to undergo simple imprisonment for three months.
2. Today, when the appeal is taken up for hearing, Mr.K.Srinivasan,
learned Special Public Prosecutor for CBI Cases, appearing for the
respondent brought to the notice of this Court that the appellant, who is A2
is the former AGM(Credit), Indian Bank, Madras, was also convicted in yet
another case in C.C.No.66 of 2000 by the XI Additional Judge for the CBI
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Cases, Chennai, and against such conviction and sentence, Criminal Appeal
No.222 of 2009 has been filed before this Court, however when the said
appeal was listed for hearing on 14.12.2022, it was reported by the learned
counsel for the appellant that the appellant expired pending the appeal way
back in the year 2019 and recording the said submission, the appeal has
been dismissed as abated.
3. At this stage, learned counsel for the appellant submitted that the
legal heirs of the deceased appellant are not interested in pursuing the
present appeal and appropriate orders may be passed.
4. In view of the above submission and the charges levelled against
the appellant/A2 got abated, the criminal appeal stands dismissed as abated.
30.11.2023
raa
https://www.mhc.tn.gov.in/judis
To
1. The Principal Special Judge for CBI Cases,
VIII Additional City Civil Court,
Chennai -104.
2. The Deputy Superintendent of Police,
CBI, BS & FC., Bangalore.
3.The Public Prosecutor,
High Court, Madras.
https://www.mhc.tn.gov.in/judis
A.D.JAGADISH CHANDIRA,J.
raa
30.11.2023
https://www.mhc.tn.gov.in/judis
