M.Gopalakrishnan vs State By
2023 Latest Caselaw 15492 Mad

Madras High Court

M.Gopalakrishnan vs State By on 30 November, 2023

Author: A.D.Jagadish Chandira

Bench: A.D.Jagadish Chandira

                                                                                   Crl.A.No.724 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.724 of 2016


                     M.Gopalakrishnan                                      ... Appellants/A1

                                                           Vs.

                     State by,
                     The Deputy Superintendent of Police,
                     CBI/ACB/Chennai.
                     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


https://www.mhc.tn.gov.in/judis
                                                                                      Crl.A.No.724 of 2016



                                                         JUDGMENT

The first accused 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 (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 A1

is the former CMD, Indian Bank, Madras, was also convicted in yet another

case in C.C.No.55 of 2000 by the Principal Special Judge for the CBI Cases,

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

Chennai, and against such conviction and sentence, Criminal Appeal

No.732 of 2013 has been filed before this Court, however when the said

appeal was listed for hearing on 25.03.2022, it was reported by his legal

heirs that the appellant was no more and they were not interested in

pursuing the appeal and in view of 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 also.

4. In view of the above submission and the charges levelled against

the appellant/A1 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