Madras High Court
Muthukumar vs The State Through The on 31 January, 2019
Author: P.Velmurugan
Bench: P.Velmurugan
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 31.01.2019
CORAM :
THE HONOURABLE MR.JUSTICE P.VELMURUGAN
Crl.A.(MD) Nos. 360 & 362 of 2011
Crl.A.(MD) No. 360 of 2011
Muthukumar ... Appellant/4th accused in
Crl. A.(MD) No.360 of 2011
1. Aloy
2. Soundar
3. Saravanan ... Appellants/Accused Nos.3,
5 & 7 in Crl.A(MD) No.
362 of 2011
Vs.
The State through the,
Deputy Superintendent of Police,
(SPE/CBI/ACB/Chennai)
RC No.MA1/38(a)/2004 ... Respondent in both appeals
Prayer:- These Criminal Appeals are filed under Section 374
of Code of Criminal Procedure, to call for the records of the
II Additional Sessions Judge (CBI Cases), Madurai in C.C. No.
7 of 2005, and set aside the conviction and sentence imposed
on the appellants in both the appeals on 30.11.2011 and
acquit the appellants of the charges.
http://www.judis.nic.in
2
Crl. A(MD) No. 360 of 2011
For Appellant : Mr. T. Selvan
Legal Aid Counsel
Crl. A(MD) No. 362 of 2011
For Appellants : Mr. Boominathan
Legal Aid Counsel
For Respondent : Mr.Nagendran
Special Public Prosecutor for CBI Cases -
in both the appeals.
***
COMMON JUDGMENT
The accused Nos.3, 4, 5, 7 Calendar Case No. 7 of 2005 on the file of the learned II Additional District Judge for CBI Cases, Madurai, are the appellants herein. The 4th accused in Calendar Case No. 7 of 2005 has preferred the Crl.A.(MD) No.360 of 2011 and accused Nos.3, 5 & 7 have preferred the Crl.A.(MD) No. 362 of 2011. The appellant/4 th accused stood charged for the offences under Sections 120B r/w 419, 420. 467, 468, 471 I.P.C. and Section 13(2) r/w 13(1)
(d) of the Prevention of Corruption Act and Section 419, 467, 468, 471 of I.P.C. and the appellant/3rd accused stood charged for the offences under Sections 120B r/w 419, 420. 467, 468, http://www.judis.nic.in 3 471 I.P.C. and Section 13(2) r/w 13(1)(d) of the Prevention of Corruption Act and Section 419 and 471 of I.P.C. and the appellant/5th accused stood charged for the offences under Sections 120B r/w 419, 420. 467, 468, 471 I.P.C. and Section 13(2) r/w 13(1)(d) of the Prevention of Corruption Act and Section 419 of I.P.C. and the appellant/7 th accused stood charged for the offences under Sections 120B r/w 419, 420. 467, 468, 471 I.P.C. and Section 13(2) r/w 13(1)(d) of the Prevention of Corruption Act. When the appellants were questioned as to the charges, they pleaded not guilty and therefore, there were put on trial. The learned II Additional District Judge for CBI Cases, Madurai, after full-fledged trial, found the appellants were guilty.
(i). The appellant/4th accused was accordingly convicted and sentenced to undergo One year Rigorous imprisonment and to pay a fine of Rs.2,000/- in default to undergo 3-months Simple Imprisonment for the offence under Section 420 of I.P.C and sentenced to undergo 1 ¼ year Rigorous imprisonment and to pay a fine of Rs.2,000/- in default to undergo 3-months Simple Imprisonment for the offence under Section 419 of I.P.C. and and sentenced to http://www.judis.nic.in 4 undergo 1 ¼ year Rigorous imprisonment and to pay a fine of Rs.2,000/- in default to undergo 3-months Simple Imprisonment for the offence under Section 467 of I.P.C. and sentenced to undergo One year Rigorous imprisonment and to pay a fine of Rs.2,000/- in default to undergo 3-months Simple Imprisonment for the offence under Section 468 of I.P.C. and sentenced to undergo 1 ¼ year Rigorous imprisonment and to pay a fine of Rs.2,000/-in default to undergo 3-months Simple Imprisonment for the offence under Section 471 of I.P.C.
(ii). The appellant/3rd accused was accordingly convicted and sentenced to undergo 1 ¼ year Rigorous imprisonment and to pay a fine of Rs.2,000/- in default to undergo 3-months Simple Imprisonment for the offence under Section 420 of I.P.C and sentenced to undergo 1 ¼ year Rigorous imprisonment and to pay a fine of Rs.2,000/- in default to undergo 3-months Simple Imprisonment for the offence under Section 419 of I.P.C. and sentenced to undergo 1 ¼ year Rigorous imprisonment and to pay a fine of Rs.2,000/- in default to undergo 3-months Simple Imprisonment for the offence under Section 471 of I.P.C. http://www.judis.nic.in 5
(iii). The appellant/5th accused was accordingly convicted and sentenced to undergo 1 ¼ year Rigorous imprisonment and to pay a fine of Rs.2,000/- in default to undergo 3-months Simple Imprisonment for the offence under Section 420 of I.P.C and sentenced to undergo 1 ¼ year Rigorous imprisonment and to pay a fine of Rs.2,000/- in default to undergo 3-months Simple Imprisonment for the offence under Section 419 of I.P.C.
(iv). The appellant/7th accused was accordingly convicted and sentenced to undergo 1 ¼ year Rigorous imprisonment and to pay a fine of Rs.2,000/- in default to undergo 3-months Simple Imprisonment for the offence under Section 420 of I.P.C and sentenced to undergo 1 ¼ year Rigorous imprisonment and to pay a fine of Rs.2,000/- in default to undergo 3-months Simple Imprisonment for the offence under Section 419 of I.P.C. and sentenced to undergo 1 ¼ year Rigorous imprisonment and to pay a fine of Rs.2,000/- in default to undergo 3-months Simple Imprisonment for the offence under Section 471 of I.P.C. http://www.judis.nic.in 6 And the said sentences shall run concurrently. Challenging the above said judgment of conviction and sentence, the appellants in both the appeals are before this court with these criminal appeals.
2. The case of the prosecution is as follows :
2(1). During the year 2004, the appellants herein were entered into a criminal conspiracy to cheat the LIC of India, Tuticorin Branch along with one P.Sivasubramanian (since expired) sub-staff of the Senior and K.Clinton (case against him was separated). In pursuance of the conspiracy of Higher Grade Assistant (A1 & A2) and incharge of accounts and cash, LIC respectively, had fraudulently removed and given cheques vide cheque Nos. 735286, 735287, 712664, 712665, 713731 and 818066 to P.Sivasubramanian, Sub staff and he contacted the appellants/3rd and 4th accused at the barber shop of the appellant/7th accused and informed that he was having 2 blank IOB cheques of LIC of India and asked their assistance in encashing them and he further infomred that he would bring more blank cheques in future. The appellants/3rd and 4th accused agreed to assist him in http://www.judis.nic.in 7 encashing these cheques. Therefore, the appellant/4th accused approached the appellant/5th accused and K.Clinton and the appellant/5th accused and K.Clinton were agreed to assist in encashing the cheques removed by the High Grade Assistant(A1 & A2). Then the cheques were forged, deposited in the bank and withdraw the amount by the appellants along with the other accused.
2(2). P.W.2/Ganesan/Manager, New Business working in LIC, Divisional Office, Tirunelveli stated in his evidence that on 01.08.2004, he was present when the specimen signature of appellant/3rd accused was taken at Palson Lodge, Tuticorin and he identified the specimen handwritings/signature of the appellant/3rd accused was marked as Ex.P.2. In Ex.P.2, he and his colleague Jeyaseelan have signed.
2(3). P.W.4/Rajendran/Assistant Officer deposed in his evidence that as per instruction of his higher officer, he stood as witness in CBI Case at Chitra Lodge, Tuticorin. He identified Ex.P.3/specimen writings of the appellant/3rd accused.
http://www.judis.nic.in 8 2(4). P.W.6/J.Benedict was running Grocery shop in Tuticoron. The appellant/4th accused/Muthukumar borrowed money Rs.50,000/- from him and he repaid the money Rs. 54,775/-with interest.
2(5). P.W.7/Vijayan/Branch Manager stated in his evidence that, during the year June 2004 to April 2004, he was working as Branch Manager, Saint Thomas School Counter, Andhra Bank, Tuticorin Branch. One K.Robert has opened an ABJ Savings account on 10.02.2004 and the account opening form, form-60, health report, copy of ration card were marked as Ex.P.11. K. Robert came along with the appellant/3 rd accused. The appellant/4th accused/Muthukumar came with Robert and asked to open an account in the name of Robert and K.Robert has signed in Ex.P.11 and Ex.P.12 was challan containing the details of Rs.1600/-was deposited in the bank on 10.02.2004. P.W.7 has passed the challan and put his signature.
2(6). Forged cheques were presented by various persons on various dates. P.W.7/Branch Manager has put seal and passed the questioned cheques.
http://www.judis.nic.in 9 2(7). P.W.8/Hema Krishnamurthy, Computer Director in Andra Bank, Saint Thomas School, Andhra Bank Additional Branch has passed the cheque No.999150 and affixed the seal.
2(8).P.W.9/Sheshadrinathan/Sales Officer/ICICI Bank, Tuticorin sent Ex.P.33/application form with annexures in the name of Sankar to the Madurai Branch for further action. He has signed and affixed the seal after verified all the documents. Ex.P.34/savings account opening form with annexures in the name of Raja was sent it to Madurai Branch for further action. He has signed and affixed the seal after verified all the documents.
2(9). During the year 2004, P.W.10/Leema Rose, Officer/ICICI Bank, Tuticorin Branch has filled the application form/Ex.P.33 and affixed the seal and sent to the Branch manager.
2(10). In the year 2004, P.W.11/Sekar/Clerk/ICICI Bank, Tuticorin Branch identified cheque No.510467 and he http://www.judis.nic.in 10 has passed the cheque/Ex.P.35. P.W.11 identifed the cheque No.510862 and Ex.P.36/cheque No.613901502219 came to him and one Rajasekar/clerk had passed. He posted the accounts and sent to Rajasekar/Clerk for settling the amount.
2(11). During the year 2003, P.W. 12/Sivalingaraja/Counter staff, Two Wheeler Loan Section, HDFC Bank stated in his evidence that the appellant/4 th accused had worked as counter staff, HDFC Bank.
2(12). P.W.13/Jeyabalan, Officer stated in his evidence that the account opening form of raviraj along with xerox copy of passport and other documents were marked as Ex.P.37. The appellant/5th accused introduced the said Raviraj. The appellant/5th accused and Raviraj had signed. Ex.P.38/account slip for Rs.500/- which was paid at the time of account opening. He identified Ex.P.39 is containing the bank details. Ex.P.40/Cheque No.818066 in the name of Raviraj was issued by LIC. He identified Ex.P.42/savings bank account satement of Raviraj which is containing the details of debit and credit.
http://www.judis.nic.in 11 2(13). P.W.14/Sundaramari/Clerk-cum-Cashier, T.M. Bank, Nagercoil Main Branch identified Ex.P.41 series and he made an endorsement on the backside of Ex.P.41.
2(14). P.W.15/Prasad/Branch Manager, ICICI Bank, Tuticorin Branch identified Ex.P.33 & 34 are the account opening form which annexures in the name of Sankar and Raja. Ex.P.43 & 44 are the statement of accounts. He has attested and signed as true copy and he handed over Ex.P.33 & 34 and Ex.P.43 &m P.44.
2(15). P.W.23/Jegathambal/Village Administrative Officer of Poongudaiyar Village, Ambasamudram Taluk, identified the appellant/7th accused/Saravanan who is her relative and his photo was affixed in Ex.P.23/Account opening form and also identified a photo affixed in Ex.P.33/account opening form in the name of K.Sankar who is her relative.
2(16). During the year 2003, P.W.25/Isakkimuthu was working as Contractor, Construction Labour, Tuticorin has opened a savings bank account in Andhra Bank, Saint Thomas http://www.judis.nic.in 12 Matriculation Higher Secondary School. He handed over the 25 cheques, photo, xerox copy of family card to the appellant/4th accused and Vivek, Nithiyanandam and Ashock and they received 24 cheques containing his signature and they gave 23 cheques only. The missing cheque No.980954 and the appellant/4th accused came and confessed that the cheque No.980954 was misused by them. P.W.27/V.S. Murugan, Branch Manager of LIC of India, Tuticorin Branch stated in his evidence that Ex.P.75 was copy of police records made in LIC of India, Tuticorin bearing policy No.320252407 in the name of the appellant/3rd accused and this was surrendered by the policy holder of the appellant/3rd accused for Rs.6390/-was settled on 29.08.2003 and the surrender discharge voucher pertaining to this policy was signed by the appellant/3rd accused which was witnessed by P.Sivasubramanian, sub-staff of LIC, Tuticorin Branch who died.
2(17). P.W.31/Sathyanarayanan/Manager of Finance and Account Department, LIC of India, Tirunelveli submitted Ex.P.89/Grade-I Inspection report and he was directed by the http://www.judis.nic.in 13 Senior Divisional Manager, Tirunelveli to inspect and submit report of Tuticorin Branch. After verification, he came to know that the cheque Nos.735286, 735287, 712664, 712665, 713731, 818066 were misused by the unnecessary members.
2(18). P.W.39/Lingaraj/Manager (Management), Life Insurance Corporation of India, Sivaganga identified Ex.P. 94/specimen signature of the appellant/4th accused. He and Satheeshkumar had signed under the specimen signature of the appellant/4th accused. P.W.40/Thirumani/Administrative Officer, Life Insurance Corporation of India, Tuticorin identified the signature of the appellant/3rd accused in the stamp Ex.P.75/copy of surrender receipt. P.W.44/ Somasundaram/Clerk/Central Hossiries Commissioner Office, Chennai identified the specimen signature of the appellant/7th accused.
2(19). P.W.45/Ravi/Chief Scientific Officer, Central Forensic Science Laboratory, Chennai Branch at Delhi examined the handwritings of the appellants and issued Ex.P.106/report and also issued Ex.P.107/findings report. http://www.judis.nic.in 14 2(20). P.W.48/Anboli/Inspector, Central Bureau of Investigation stated in his evidence that the photo was affixed in Ex.P.23 & Ex.P.33 was in the name of the appellant/7th accused. He further stated that the cheque No.735286 gave to the appellant/4th accused and he signed as Selvaraj in cheque along with other accused and put date as 03.02.2004. He further stated that the appellant/3rd accused received Rs. 95,000/-from the account of Isakkimuthu and the appellant/4th accused has opened an account in the fictitious name of K.Robert with the help of Clinton and the appellant/4th accused has fraudulently prepared ration card in the fictitious name of K.Robert. The appellant/4th accused introduced Clinton to Vijayan, Andhra Bank Manager in the fictitious name of Robert and ABJ 187 was opened. Ex.P.11/account opening form was annexed with Form-60 and health declaration and this was filled by the appellant/4th accused. On 12.02.2004, Ex.P. 14/theft cheque No.735287 from LIC was deposited with pay- in-slip by the appellant/3rd accused and fraudulently. Ex.P. 14/Cheque was cleared and this amount was credited into the account of K.Robert and the appellant/3rd accused withdrew the amount of Rs.90,000/-and Rs.83,000/-in the fictitious name http://www.judis.nic.in 15 of A.John and P.Sivan through the Andra Bank Cheque No. 1460999147. The appellant/4th accused withdrew Rs. 1,94,000/-through Ex.P.21 in the fictitious name of Suresh. The appellant/3rd accused has opened an account in ICICI Bank with the help of Clinton in the fictitious name of S.Raja. The appellant/4th accused has prepared a fictitious passport in the fictitious name of S.Raja given by the appellant/3rd accused. R.M. Ramasamy, who was working as Staff in ICICI Bank, Tuticorin Branch has filled in the application form with instruction given by the appellant/3rd accused and Clinton in the fictitious name of S.Raja. The appellant/4th accused, Ex.P. 53/theft cheque No.712665 from LIC was filled in the fictitious name of S.Raja. On 04.03.2004, Ex.P.105/pay-in-slip was filled by the appellant/4th accused and deposited in the account of S.Raja. The appellants/3rd and 7th accused went to ICICI Bank, Tuticorin Branch and met Balasubramaniam, Bank Manager and asked to open a new account in the fictitious name of Sankar. For that passport has prepard and affixed the photo of the appellant/7th accused. Leema Rose has filled the application form and the appellant/7th accused put the signature in the fictitious name of Sankar. The appellant/4th http://www.judis.nic.in 16 accused has filed theft cheque No.713731 from LIC and fraudulently signed as Thirumaran and Selvaraj for Rs. 1,47,600/- and the chque was deposited with pay-in-slip dated 23.03.2004. The appellant/3rd accused filled cheque No. 510862 issued from the account of Sankar for Rs.1,47,000/- and the appellant/7th accused signed as Sankar and the appellant/5th accused went to ICICI Bank with this cheque and received cash. The appellant/3rd accused went to Tamilnadu Mercantile Bank, Tuticorin Branch and opened an account in the fictitious name of Raviraj with the help of Clinton. The appellant/4th accused has prepared a copy of passport and affixed the Clinton's photo. The appellants/3rd and 5th accused and Clinton went and met the Bank Manager, Tamilnadu Mercantile Bank, Tuticorin Branch and Clinton was introduced as S.Raviraj and Clinton was fraudulently signed as Raviraj. The appellant/4th accused filled Ex.P.40/theft cheque No. 818066 from LIC for Rs.1,29,000/- and after clearance of this cheque the appellant/3rd accused filled two withdrawal slips and the appellant/5th accused gave Ex.P.41/withdrawal slip and drawn the amount. The appellants/3rd, 4th and 7th confessed that they had repaid the fraud amount to LIC. Ex.P.94 http://www.judis.nic.in 17 containing the hand writings of the appellant/3rd accused and Ex.P.99 containing the hand writings of the appellant/5th accused and Ex.P.97 containing the hand writings of the appellant/7th accused.
2 (21). After completing investigation, P.W. 48/Anboli, Inspector of Police, Central Bureau of Investigation has filed the final report against the appellants for the offences under Sections 420, 467, 468, 471, 201 of I.P.C. and Section 13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988.
3. The learned II Additional District Judge for CBI Cases, Madurai, after completing the prosecution evidences, the incriminating evidence was put to the appellants under Section 313(1)(b) of Cr.P.C. The appellants had denied the same as false evidence. On the side of appellants, no witness was examined and no document was marked. After considering the oral and documentary evidence, the trial Court found that the appellants were guilty and convicted and sentenced them as stated above. Aggrieved against the order http://www.judis.nic.in 18 of conviction and sentence passed by the trial Court, the appellants/Accused Nos.3,4,5 and 7 have preferred the present appeal.
4. Heard the learned counsel appearing for the appellants and the learned Special Public Prosecutor appearing for the respondent and also perused the available records.
5. The learned counsel for the appellants would submit that in connection with the registration of the first information report registered on the basis of either by oral information or by written complaint recorded of D-84 submitted by the prosecution. The suppression of the material document affects the prosecution case and this creates doubt with regard to the first information report and the benefit of doubt was not given to the appellants. He would further submit that vital aspect was not discussed in the Lower Court Judgment. He would further submit that original records maintained by the bank were not produced and the original http://www.judis.nic.in 19 records were suppressed by the prosecution. He would further submit that no records were produced regarding the cheque issue ledger of Andhra Bank, ICICI Bank and Tamil Nadu Mercantile Bank.
6. On the contrary, the learned Special Public Prosecutor for CBI Cases would contend that there are strong evidences against the appellants to prove the case of the prosecution.
7. The case of the prosecution that During the year 2004, the appellants herein were entered into a criminal conspiracy to cheat the LIC of India, Tuticorin Branch along with one P.Sivasubramanian (since expired) sub-staff of the Senior and K.Clinton (case against him was separated). In pursuance of the conspiracy of Higher Grade Assistant (A1 & A2) and incharge of accounts and cash, LIC respectively, had fraudulently removed and given cheques vide cheque Nos. 735286, 735287, 712664, 712665, 713731 and 818066 to P.Sivasubramanian, Sub staff and he contacted the http://www.judis.nic.in 20 appellants/3rd and 4th accused at the barber shop of the appellant/7th accused and informed that he was having 2 blank IOB cheques of LIC of India and asked their assistance in encashing them and he further infomred that he would bring more blank cheques in future. The appellants/3rd and 4th accused agreed to assist him in encashing these cheques. Therefore, the appellant/4th accused approached the appellant/5th accused and K.Clinton and the appellant/5th accused and K.Clinton were agreed to assist in encashing the cheques removed by the High Grade Assistant(A1 & A2). Then the cheques were forged, deposited in the bank and withdraw the amount by the appellants along with the other accused.
8. P.W.27/Murugan/Official witness has stated in his evidence with regard to the theft of LIC cheques. The relevant portion of the P.W.27 in this regard reads as follows :
“ During the period from May 2003 to May 2008, P.W.27 working as Branch Manager of LIC of India, Tuticorin Branch. Ex.P.82/letter dated 09.04.2004 was written by P.W.27 to the Senior Divisional Manager, LIC of India, http://www.judis.nic.in 21 Tirunelveli Division to elaborate the happenings about the fraud. In Ex.P.82/letter contained the details that, on 25.03.2004 evening around 05.40 p.m., P.W.27 was informed by R.Kannan, AAO that two cheques under NO.IV account were appeared to have been encashed without valid transactions in their books. P.W.27 also told that the information of missing cheques without valid transaction was brought to his notice by K.Maheswari/Dealing Assistant and immediately rushed to IOB Main Branch, Tuticorin, their bankers along with R.Kannan, AAO and physically verified the two encashed cheques. On verification, it appeared that the style of handwriting was not tallying with that of our employees concerned. So, they asked them orally to give xerox copies of both the cheque Nos.712664 for Rs.1,94,300/- & 712665 for Rs.1,97,700/-favouring K.Robert & S.Raja respectively. They returned to their office and verified their records viz., (NO.IV) cheque movement register, claims and loan payment registers to find out whether any valid transaction was there in respect of the above two cheques. In this process, C.Thirumani/AO and R.Kannan, AAO and himself involved and confirmed that there was no valid transaction in their books in respect of the two cheques. In the http://www.judis.nic.in 22 meanwhile, P.W.27 asked the dealing assistant and R.Kannan, AAO to findout the date of cheques which are missing to be entered in the No.IV cheque Movement register. While they started doing this job, they informed that another three cheque Nos.735286 for Rs.
95,600/-, 735287 for Rs.1,73,400/- and 713731 for Rs.1,47,600/-were also encashed without any valid transaction at their end. And on further scrutiny of their records, they have asked the IOB to stop payment of Cheque Nos.818066, 818067, 818069, 713953, 713954, 826082 & 818057.
From the above evidence of P.W.27/Murugan/Branch Manager, LIC of India, Tuticorin Branch, it is clearly revealed that the cheque Nos.735288, 735287, 712664, 712665, 713731, 818066 were missing from the Office of LIC of India, Tuticorin Branch.
9. During the investigation of P.W.48/Anboli/Investigating Officer, Maheswari has stated in her evidence that Cheque Movement register of LIC, Tuticorin Branch, containing the details for the period from 14.07.2003 http://www.judis.nic.in 23 to 13.02.2004 shows that the entries in respect of cheque Nos. 909044 & 909045 on 23.07.2003 and 909046 to 909093 on 21.07.2003 was written by P.Sivasubramanian, Sub-staff of policy service Department, who has offered assistance voluntarily to her and the policy file pertaining to Nammalvar was taken by him and the same was not returned to her.
10. P.W.31/Sathyanarayanan/Manager of Finance and Account Department, LIC of India, Tirunelveli submitted Ex.P.89/Grade-I Inspection report and he was directed by the Senior Divisional Manager, Tirunelveli to inspect and submit report of Tuticorin Branch. After verification, he came to know that the cheque Nos.735286, 735287, 712664, 712665, 713731, 818066 were misused by the unnecessary members.
11. P.W.48/Anboli/Inspector, Central Bureau of Investigation stated in his evidence that the photo was affixed in Ex.P.23 & Ex.P.33 was in the name of the appellant/7th accused. He further stated that the cheque No.735286 gave to the appellant/4th accused and he signed as Selvaraj in http://www.judis.nic.in 24 cheque along with other accused and put date as 03.02.2004. He further stated that the appellant/3rd accused received Rs. 95,000/-from the account of Isakkimuthu and the appellant/4th accused has opened an account in the fictitious name of K.Robert with the help of Clinton and the appellant/4th accused has fraudulently prepared ration card in the fictitious name of K.Robert. The appellant/4th accused introduced Clinton to Vijayan, Andhra Bank Manager in the fictitious name of Robert and ABJ 187 was opened. Ex.P.11/account opening form was annexed with Form-60 and health declaration and this was filled by the appellant/4th accused. On 12.02.2004, Ex.P. 14/theft cheque No.735287 from LIC was deposited with pay- in-slip by the appellant/3rd accused and fraudulently. Ex.P. 14/Cheque was cleared and this amount was credited into the account of K.Robert and the appellant/3rd accused withdrew the amount of Rs.90,000/-and Rs.83,000/- in the fictitious name of A.John and P.Sivan through the Andra Bank Cheque No.1460999147. The appellant/4th accused withdrew Rs. 1,94,000/-through Ex.P.21 in the fictitious name of Suresh. The appellant/3rd accused has opened an account in ICICI Bank with the help of Clinton in the fictitious name of S.Raja. http://www.judis.nic.in 25 The appellant/4th accused has prepared a fictitious passport in the fictitious name of S.Raja given by the appellant/3rd accused. R.M. Ramasamy, who was working as Staff in ICICI Bank, Tuticorin Branch has filled in the application form with instruction given by the appellant/3rd accused and Clinton in the fictitious name of S.Raja. The appellant/4th accused, Ex.P. 53/theft cheque No.712665 from LIC was filled in the fictitious name of S.Raja. On 04.03.2004, Ex.P.105/pay-in-slip was filled by the appellant/4th accused and deposited in the account of S.Raja. The appellants/3rd and 7th accused went to ICICI Bank, Tuticorin Branch and met Balasubramaniam, Bank Manager and asked to open a new account in the fictitious name of Sankar. For that passport was prepared and affixed the photo of the appellant/7th accused. Leema Rose has filled the application form and the appellant/7th accused put the signature in the fictitious name of Sankar. The appellant/4th accused has filed stolen cheque No.713731 from LIC and fraudulently signed as Thirumaran and Selvaraj for Rs. 1,47,600/- and the chque was deposited with pay-in-slip dated 23.03.2004. The appellant/3rd accused filled cheque No. 510862 issued from the account of Sankar for Rs.1,47,000/- http://www.judis.nic.in 26 and the appellant/7th accused signed as Sankar and the appellant/5th accused went to ICICI Bank with this cheque and received cash. The appellant/3rd accused went to Tamilnadu Mercantile Bank, Tuticorin Branch and opened an account in the fictitious name of Raviraj with the help of Clinton. The appellant/4th accused has prepared a copy of passport and affixed the Clinton's photo. The appellants/3rd and 5th accused and Clinton went and met the Bank Manager, Tamilnadu Mercantile Bank, Tuticorin Branch and Clinton was introduced as S.Raviraj and Clinton had fraudulently signed as Raviraj. The appellant/4th accused filled Ex.P.40/theft cheque No. 818066 from LIC for Rs.1,29,000/- and after clearance of this cheque the appellant/3rd accused filled two withdrawal slips and the appellant/5th accused gave Ex.P.41/withdrawal slip and drawn the amount. The appellants/3rd, 4th and 7th confessed that they had repaid the fraud amount to LIC. Ex.P.94 containing the hand writings of the appellant/3rd accused and Ex.P.99 containing the hand writings of the appellant/5th accused and Ex.P.97 containing the hand writings of the appellant/7th accused.
http://www.judis.nic.in 27
12. On a perusal of documents, it is revealed the fact that the appellant/4th accused/Muthukumar has filled Ex.P. 54/cheque No.713731. The appellant/7th accused/Saravanan has opened an account in ICICI Bank, Tuticorin Branch in the fictitious name of Sankar. The appellant/3rd accused/Alloy has filled Ex.P.36/Cheque for Rs.1,47,000/- and in the above cheque, the appellant/7th accused/Saravanan has signed as Sankar, the fictitious name. On the backside of the cheque/Ex.P.36, the appellant/5th accused/Soundar has signed and drawn the money.
13. On a perusal of the material records and the Judgment passed by the trial Court, this Court finds no sound reason or ground to set aside the Judgment of conviction and sentence dated 30.11.2011 made in C.C.No. 7 of 2005 on the file of the learned II Additional Judge for CBI Cases, Madurai and the same does not warrant any interference. http://www.judis.nic.in 28
14. In the result, the Criminal Appeals are stand dismissed, confirming the judgment of conviction and sentence,dated 30.11.2011 made in C.C.No. 7 of 2005 on the file of the learned II Additional Judge for CBI Cases, Madurai. The trial Court is directed to take effective steps to secure the custody of the appellants to undergo the remaining period of sentence.
31.01.2019
Index : Yes / No
Internet : Yes / No
ksa
http://www.judis.nic.in
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To
1. The II Additional District Judge for CBI Cases, Madurai.
2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
http://www.judis.nic.in 30 P.VELMURUGAN, J.
ksa Crl.A.(MD) Nos.360 & 362 of 2011 31.01.2019 http://www.judis.nic.in