Supreme Court - Daily Orders
C.B.I. vs A.D.Sudhinfhra . on 7 January, 2016
Bench: Pinaki Chandra Ghose, Amitava Roy
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
Criminal Appeal No(s). 1979-1980/2011
C.B.I. Appellant(s)
VERSUS
A.D.SUDHINFHRA & ORS. Respondent(s)
O R D E R
We have heard Ms. Vibha Datta Makhija, learned Senior counsel appearing for the appellant – Central Bureau of Investigation at length today.
The only question which we have to decide is that whether the Court can quash the First Information Report under Section 482 of the Criminal Procedure Code.
The brief facts and the allegations as culled out from the F.I.R. which have been dealt with by the High Court in allowing the applications are as follows:-
(i) The respondents in conspiracy with accused – Branch Manager of State Bank of India, Vivekananda House Branch and Personal Banking Branch at K.K. Nagar of Chennai cheated the State Bank of India, Chennai, to the tune of Rs.9.30 crores in the matter of fraudulently availing 327 personal loans in the name of bogus and non-existing persons, who were claimed to be employees of Dhanus Technologies Ltd. The accused State Bank officials without verifying the existence of the persons sanctioned the loans by abusing their official position as public servant. Further, the personal loans sanctioned to so-called employees were later on clandestinely diverted to the personal accounts of accused 3 to Signature Not Verified accused 5 and utilized for the purpose other than Digitally signed by Sanjay Kumar sanctioned for. Several bank accounts were opened at S.B.I., Date: 2016.01.13 16:36:24 EASST Reason: Vivekananda House Branch, Chennai during the year 2006-2007 in the name of various persons who were shown as the 2 employees of DTL. Most of these accounts were opened by using false identity and residence proof like bogus and forged identity card and salary slip purportedly issued by DTL. The accounts were shown to have been introduced by Sri. A.V. Srinivasan, the then Director employee of the company.
(ii) Sri. R. Suresh Kumar and Sri Venkatnarayanan, employees of DTL – Respondent Nos. 2 and 1 herein, who were the petitioners in Crl. O.P. No.26871 of 2008 have filled up around 70% to 80% account opening forms in the name of fictitious persons showing them as employees of DTL as per the instructions of Accused Nos.3 to 5 who were the promoters of the company in which they work and they had to follow the instructions. They prepared fictitious loan applications in the name of such persons falsely showing them as employees of M/s. DTL. Immediately, on sanction of loans, they transferred the loan amounts sanctioned in such fictitious names to the accounts of Accused Nos.3 to 5 who were the directors of the company as per their instructions.
(iii) Using bogus accounts, during 2006-2007, initially 127 applications for sanction of personal loan were made at S.B.I., Vivekananda House Branch, Chennai. Such loans were dishonestly sanctioned and disbursed by flouting banking norms and using corrupt and illegal means. Thereafter, such loans were withdrawn either in cash mostly by Sri R. Suresh Kumar, an employee of DTL or directly transferred to the personal savings accounts of the aforesaid five petitioners (in the High Court) maintained at Punjab National Bank, North Usman Road Branch, Chennai.
(iv) A partnership firm in the name and style of M/s. Sri Venkateshywara Enterprises, Chennai, was floated and its current account was opened at SBI, Vivekananda House Branch, Chennai. In this account, Sri R. Suresh Kumar and Sri Venkatnarayanan employees of DTL, were the authorized signatories and partners to operate the account. The 3 personal loans taken in the name of at least 20 so-called fictitious employees of DTL to the tune of Rs.60 lacs were transferred and credited at the instance of accused Nos.
3 to 5 and, therefore, the same were given back to their company immediately.
(v) That, in a similar manner by adopting similar modus operandi, another 20 applications were made at SBI, Personal Banking Branch, K.K. Nagar, Chennai and the funds so sanctioned were transferred to the personal savings accounts of above petitioners maintained at PNB, North Usman Road Branch, Chennai.
(vi) On the basis of the aforesaid allegations, a case is registered under Sections 120-B read with Sections 420, 409, 468, 471 IPC and 13 (2) read with 13 (1)(c) and (d) of the Prevention of Corruption Act, 1988 against accused Nos. 3 to 5 who were also promoters/directors of M/s. DTL, Chennai and two Branch Managers of SBI, Chennai namely Sri. N Chandran and Sri. K. Ravi.
Learned counsel for the Bank also appeared before us and contended that the Bank has not suffered any loss and no complaint whatsoever was ever filed by them. The First Information Report has been registered on the basis of an oral anonymous information. In these circumstances, the High Court following the decisions of this Court in Nikhil Merchant's case {2008 (9) SCC 677} and Manoj Sharma's case {2008 (16) SCC 1}, quashed the First Information Report in the matter.
In view of the above, in the facts and circumstances of the present case, we do not find any reason to interfere with the impugned Judgment and Order dated 23-12-2008 so passed by the High Court of Madras as we are ad idem with the ultimate conclusion of the said Court. However, the question of law as raised before us by the learned Senior counsel appearing for the appellant – C.B.I. is kept open.
4 -4-Accordingly, while we are dismissing the Criminal Appeals filed by the appellant - Central Bureau of Investigation, the question of law is kept open.
......................J (PINAKI CHANDRA GHOSE) ......................J (AMITAVA ROY) NEW DELHI;
7TH JANUARY, 2016.
5ITEM NO.101 COURT NO.11 SECTION IIA
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Criminal Appeal No(s). 1979-1980/2011
C.B.I. Appellant(s)
VERSUS
A.D.SUDHINFHRA & ORS. Respondent(s)
Date : 07/01/2016 These appeals were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE PINAKI CHANDRA GHOSE HON'BLE MR. JUSTICE AMITAVA ROY For Appellant(s) Ms. Vibha Dutta Makhija, Sr. Adv.
Mr. K.L. Janjani, Adv.
Mr. R.S. Jena, Adv.
Mr. B.V. Balaramdas, Adv.
Mr. Arvind Kumar Sharma,Adv.
For Respondent(s) Mr. A. V. Rangam,Adv.
Mr. Buddy A. Ranganadhan, Adv.
Mr. D.V. Raghu Vamsy, Adv.
Mr. L. K. Pandey,Adv.(N.P.) Mr. Subramonium Prasad,Adv.(N.P.) For Respondent No.3 Mr. Gopal Prasad,Adv.
UPON hearing the counsel the Court made the following O R D E R The Criminal Appeals are dismissed in terms of the signed order.
(VISHAL ANAND) (SNEH LATA SHARMA)
COURT MASTER COURT MASTER
(Signed Order is placed on the file)
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