Bangalore District Court
Central Bureau Of Investigation vs B.S.N.Hebbar on 30 October, 2015
1 -1 Spl.C.C.53/2011
IN THE COURT OF THE XLVI ADDITIONAL CITY
CIVIL AND SESSIONS JUDGE AND SPECIAL
JUDGE FOR CBI CASES (CCH-47) AT BENGALURU
Dated this the 30h day of October, 2015.
PRESENT:
Shri K.H.MALLAPPA, B.A.,LL.B.,
XLVI Additional City Civil and Sessions Judge
and Special Judge for C.B.I. Cases,
Bengaluru.
SPECIAL CRIMINAL CASE No.53/2011
COMPLAINANT : Central Bureau of Investigation,
A.C.B.,Bengaluru
(By Public Prosecutor)
-VERSUS-
ACCUSED-1 : B.S.N.Hebbar,
S/o.B.Sadashiva Hebbar,
Aged 60 years,
r/o.House No.142, 13th Main,
2ND Cross, AICOBA Nagar,
BTM Layout 1st Stage,
Bengaluru - 560 068.
ACCUSED-2 : V.Srivatsan,
S/o.K.Venkatasubbaiah,
Aged 59 years,
R/o.No.856-B, 10th Main,
6th Cross, Second Block,
Banashankari First Stage,
Bengaluru-50.
ACCUSED-3 : G.A.Muniraju,
2 -2 Spl.C.C.53/2011
S/o.Late Annayappa,
Aged 37 years,
Managing Director,
M/s.Manjunatha Land Developers
& Constructions Pvt.Ltd.,
Krishna Raja Puram,
Bengaluru.
r/o.No.39, 5th Cross,
Narasimaiah Layout,
Vijanapura,
Bengaluru-16.
ACCUSED-4 : G.Veerabhadraiah,
S/o.Gangappa,
Aged 58 years,
r/o.No.64/16, 1st Cross,
Chika Bommasadra,
Yelahanka New Town,
Bengaluru-560 064.
ACCUSED-5 : Nagappa S Chakrasali,
S/o.Late Shekarappa,
Aged 40 years,
r/o.No.14, 3rd Floor, 1st Main,
2nd Cross, Arekempanahalli,
Wilson Garden,
Bengaluru.
ACCUSED-6 : Shantha Kumar F.,
S/o.Francis,
Aged 53 years,
No.202, 17th Block,
BEML Township,
New Thippasandra Post,
Bengaluru-560 075.
ACCUSED-7 : G.Nagabhushana,
S/o.N.Gundappa,
Aged 42 years,
Proprietor of M/s.Karthik
Enterprises,
3 -3 Spl.C.C.53/2011
Interior Works,
Bengaluru.
r/o.No.68, 1st Stage,
3rd Cross, KEC Colony,
Basaveswara Nagar.
Bengaluru.
1. Date of Commission of : During the period
Offence from 2004 to 2009.
2. Date of Report of Offence : 15.12.2010
3. Name of the complainant : Smt.Bhanu Raman,
General Manager and
Chief Vigilance
Officer, Canara Bank,
HO., Bengaluru.
4. Date of recording of : 23.5.2012
Evidence
5. Date of closing Evidence : 30.10.2014
6. Offences complained of : 120-B r/w.420, 467
& 471 IPC and
Sec.13(2) r/w.13 (1)
(d) of Prevention of
Corruption Act, 1988.
7. Opinion of the Judge : A1, A2 & A4 to A7
are acquitted u/S.
235(1) of Cr.P.C. for
the offences 120-B
r/w.420, 467 & 471
IPC and Sec.13(2)
r/w.13 (1) (d) of
Prevention of
Corruption Act, 1988.
4 -4 Spl.C.C.53/2011
A-3 is convicted
u/S.235(2) Cr.P.C.
for the offence
punishable u/S.420
I.P.C.
8. State represented by : Public Prosecutor
9. Accused defended by A-1 by Sri SGS, Adv.
A-2 by Sri SGR, Adv.
A-3 & 4 by Sri RNH,
Adv.
A-5 by Sri GM,Adv.
A-6 by Sri RVS, Adv.
A-7 by Sri BSB, Adv.
JUDGMENT
This Charge Sheet is filed by the Complainant CBI/ACB/Bengaluru against the accused for the offences punishable u/S.120B r/w.420, 467 and 471 IPC and u/S.13(1)(d) r/w.13(2) of Prevention of Corruption Act, 1988.
2. The brief facts of the case of the prosecution are that:-
(i) Sri BSN Hebbar - A-1, Shri V.Srivatsan - A-
2, Shri G.A.Muniraju - A-3, Shri G.Veerabhadraiah - A-4, Shri Nagappa S.Chakrasali - A-5, Sri Shanthakumar F. - A-6 and Shri G.Nagabhushana - A-7, entered into a criminal conspiracy at Bengaluru and other places to do illegal acts, during the period 5 -5 Spl.C.C.53/2011 2004 to 2009 with an intention to cheat the Canara Bank, Indiranagar Branch, Bengaluru, in the matter of sanction, disbursement and availing housing loans, by preparing false documents , by producing false and fabricated documents and by using the same as genuine and thereby committed criminal misconduct and cheated the Bank to the tune of more than Rs.209 lakhs.
(ii) In pursuance of the conspiracy, Shri G.A.Muniraju - A-3, with a fraudulent and dishonest intention to cheat Canara Bank, Indiranagar Branch, Bengaluru, identified borrowers for availing housing loans and submitted false and fabricated documents like salary slips, income documents etc., and used the said forged documents as genuine for availing housing loans in the names of the borrowers including G.Veerabhadraiah - A-4, Nagappa S. Chakrasali - A- 5, Shanthakumar F - A-6 and G.Nagabhushana - A-7, and they also entered into a tripartite agreement with Canara Bank stating that they will not sell the flats financed by the Bank to any person, without the written consent of the Bank. But, with a dishonest intention to cheat the Bank and in violation of the tripartite agreement these persons had sold the flats financed by Canara Bank to 3rd parties, while the original sale deeds were in the custody of the Canara Bank and thereby created another set of forged sale deeds, in connivance with Shri G.A.Muniraju - A-3 and 6 -6 Spl.C.C.53/2011 did not repay the amount to the Canara Bank. Shri V.Srivatsan, being the Senior Manager of Canara Bank, Indira Nagar Branch, Bengaluru in pursuance of the criminal conspiracy, by abusing or misusing his official position and by corrupt or illegal means, fraudulently and dishonestly processed the loan applications submitted by the borrowers identified by G.A.Muniraju and knowing fully well about the false nature of the enclosures to the loan application, including the salary slips, had recommended for the sanction of the housing loans.
(iii) Shri BSN Hebbar - A-1, in pursuance of the criminal conspiracy by abusing or misusing his official position and by corrupt or illegal means, fraudulently and dishonestly and knowing fully well that the borrowers identified by G.A.Muniraju, were not genuine buyers of the flats, sanctioned the housing loans to 44 persons out of which 15 housing loans to the tune of Rs.209 lakhs are still outstanding and thereby have committed the offences punishable u/S.120B r/w.420, 467 and 471 IPC and u/S.13(1)(d) r/w.13(2) of Prevention of Corruption Act, 1988.
3. After filing charge-sheet Court took cognizance of the offences alleged against accused and all these accused appeared before the Court through their counsels and got enlarged on bail and contested the prosecution case. The provision of 7 -7 Spl.C.C.53/2011 Section 207 of Cr.P.C. was complied by furnishing copy of charge-sheet and concerned documents to accused.
4. My learned predecessor in office, after hearing both sides and on going through the charge- sheet material, framed charge against accused for the offence punishable U/s.120(B), 420, 467 and 471 of IPC and further under section 13(1)(d) r/w.13(2) of Prevention of Corruption Act, 1988, wherein all the accused have not pleaded guilty and claimed to be tried. Then this Court called upon the prosecution to adduce evidence of its witnesses to prove the guilt against accused.
5. In order to prove the case of the prosecution, the prosecution has examined 46 witnesses as P.Ws.1 to 46 and got marked 213 documents as Exs.P.1 to P.213 and C.1 to C.8 and closed its side.
6. Thereafter, statement of the accused as required U/s.313 of Cr.P.C. recorded, wherein all the accused denied all the incriminating circumstances which goes against them. The defence of the accused is total denial of the prosecution case, they are innocent and they have been falsely implicated in this case.
8 -8 Spl.C.C.53/2011
7. On behalf of the accused, document i.e., Exs.D1 to Ex.D10 were marked.
8. I have heard the arguments of learned Public Prosecutor as well as the learned Counsel for accused Nos.1 to 7 apart from perusing their written arguments.
9. The points that arise for determination in this case are as follows:-
(1) Whether the prosecution proves beyond reasonable doubt that from 2004 to 2009 Accused Nos.1 and 2 being public servants, had criminal conspiracy with accused No.3 in sanctioning housing loans to 44 persons including A-4 to A-7 and thereby they have caused loss to the Canara Bank, Indiranagar Branch to the tune of Rs.209 lakhs, as alleged by prosecution?
(2) What Order?
10. Findings of this Court on the above points are as follows:-
Point-1: Partly affirmative against A-3 and Negative against A-1, A-2 and A-4 to A-7 9 -9 Spl.C.C.53/2011 Point-2: As per final Order.
For the following:-
REASONS
11. Point No.1:- Though prosecution has alleged the offence u/S.120B IPC against accused Nos.1 to 7, absolutely there are no evidence to prove the alleged criminal conspiracy between accused Nos.1 to 7 in order to cheat the Canara Bank, Indiranagar Branch. The oral evidence as well as documentary evidence adduced by the prosecution will only establishes that 44 housing loans have been sanctioned to the borrowers and the borrowers and developers i.e. accused No.3 have executed tripartite agreement in favour of Canara Bank and out of 44 loans granted to the borrowers for the purpose of Lake City Residency built by accused No.3, 28 housing loans were pre-closed in view of the admission of PW35 in the cross-examination.
12. Now this Court has to consider in respect of remaining housing loans of borrowers whether accused Nos.1 to 7 had any criminal conspiracy in order to cheat the Canara Bank and to enrich themselves. The evidence adduced by the prosecution witnesses not at all establishes any criminal conspiracy as alleged by the prosecution. During the 10 - 10 Spl.C.C.53/2011 course of the cross-examination PW12 has admitted that before he has conducted the inspection at Indiranagar Branch, he was transferred to inspection wing couple of months earlier, earlier to that he had not worked in inspection wing. Further he admits that he did not bestow his attention as to the compliance or otherwise of the irregularities noticed by him during inspection and listed out in Ex.P23; except Ex.P23, he has not given any other report. Further he admits that he is not aware of a report called interim report which is altogether different from final report. He was confronted with a photocopy of interim report duly attested by Indiranagar Branch, Canara Bank dated 22.9.2006, which is marked as Ex.D5. Further he admits that Ex.D5 was not agreed in toto by Circle Office and as such another inspection was arranged through another Officer by name Smt.S.Aparna.
13. PW21 in her cross-examination has admitted that she did not appoint Sri Vaidya as Enquiry Officer. She did not term the account of Sri Muniraju and others in respect of housing loan as fraudulent transactions. Further she admits that she did not conduct independent enquiry before lodging Ex.P37 and her complaint was based on Exs.P38 and P39. Further she admits her recommendation to higher authorities to take action against A-1 was based on the findings recorded by Mr.Vaidya in 11 - 11 Spl.C.C.53/2011 Exs.P38 and 39 and she has not made any independent enquiry in it.
14. It is elicited from the mouth of PW23 that for any loan, the proposal is done by Senior Manager with a note for sanction or otherwise to branch head. If the loan is sanctioned the documentation thereof is got executed by the Senior Manager with the assistance of his sub-ordinate Officers. He admits in his cross-examination that A-2 has signed housing loan processing slip and inspection of property report which is in compliance of sanction conditions as per Ex.P79(p) & (q). Further he admits that similar procedure is adopted in respect of all the sanctioned loans. Further he admits that if the borrower feels incapable of complying any of the conditions, it was his duty to bring it to the notice of the sanctioning authority through the Official Superior. Further he admits in the cross-examination that the inspecting authorities during the course of periodical inspections to indicate the shortcomings and direct the branch to comply them in their reports. Further he admits that the delay in compliance can be got ratified subsequently from the sanctioning authority. Further he admits that all files he handled are routed through A-2 and he did not receive any file directly from A-1. He admits that photocopies of the document which denotes the key responsibility of the Officers in a very 12 - 12 Spl.C.C.53/2011 large branch as per Ex.D2 and D3. Further he admits that loan papers were in order even after the sanction and the borrowers had complied all conditions of sanction, there were nothing left for him to make a report to his Official Superior.
15. PW34 has admitted in his cross-
examination that he has not personally dealt with any of the loan transactions of A-3 as a person. Further he admits that any closure of the loan account is in accordance with the guidelines issued by Head Office from time to time and in respect of the 8 loans cleared during his tenure, commercial rate of interest is charged before closure. As such bank has not suffered any loss. It is elicited from the mouth of this witness that he is aware of the internal report dated 22.9.2006 issued by A.S.Patil vide Ex.P23. He has admitted that the staff of the Bank, to ensure the compliance of the observation made in the report.
16. PW35 has admitted in the cross-
examination that on account of pre-closure of those accounts no financial loss has occasioned to the Bank. Further he admits that housing loans involved in the case have been classified as non-performing asses on from the year 2007. Further he admits that Joseph Mathew had not furnished any written report in regard 13 - 13 Spl.C.C.53/2011 to the discrepancies noticed by him when he visited the project Lake City Residency.
17. PW40 has admitted in the cross-
examination that closure of a loan account either permanently or bi efflux of time signifies that entire outstanding in the said loan account is repaid. Further he admits that for the first time he saw Ex.P203 in the Office of CBI when his statement was recorded by them. He further admits that the confidential correspondence can be got printed outside the Branch also.
18. PW41 has admitted in the cross-
examination that project was named as Lake City Residency. The apartment consisted of 44 independent units, for each independent unit, there is a separate and independent housing loan and borrower. Further he has admitted that the nature of exposure from the branch is not in the form of project finance but it is in the form of individual housing loans. It is elicited from the mouth of this witness that he has not enquired Muniraju-A3, during the course of internal inspection. Further he admitted that A-3 had a current account with Indiranagar Branch and he has introduced all the borrowers accounts and he did not notice any infirmity in the title of the property on which A-3 had developed the project. Further it is elicited from the mouth of PW41 14 - 14 Spl.C.C.53/2011 that he did not append any supporting material to his report at Ex.P38 and Ex.P39 to substantiate the finding that borrowers were not working in the respective places as per the documents held by Bank. In his cross-examination he has further admitted that the project has come up on the land which was belonging to builder and no third party rights were involved in respect of said land and the title to the land was clear. Further he has admitted that all the loans were disbursed in the year 2005 and his inspection in the year 2009. Further it is elicited that the estimated loss in his report in Ex.P38 is based on his individual assessment having regard to the material collected by him. It is admitted that there is no details forthcoming in Ex.P38 as to how he has arrived at the figure of estimated loss. In the entire transaction, the Bank did not lend any money to A-3 directly; all the loans were given to the individual borrowers and they have been given after appraising the loan proposal. Further it is elicited that the purpose of tripartite agreement is to bind borrower, builder and Bank in regard to the project.
19. PW46, who is the I.O. has admitted in the cross-examination that the Bank has advanced loans for 44 flats. During the investigation, except loans relating to 15 flats, other loans were cleared. Further he has admitted that those 15 borrowers pertaining to 15 - 15 Spl.C.C.53/2011 those flats were not impersonated. When the complaint in this case was lodged, the above 15 loans had become NPA and A-2 had processed the loan papers with the assistance of his subordinates. Though he has deposed that there were adverse remarks in those Reports against A-1 & A-2, he cannot say now as to what were those adverse remarks and he did not secure the said Reports. Sufficient security was taken for the loans advanced by the Bank. Further he has admitted that during the tenure of A-2, in the Indiranagar Branch, the project was not completed and that EMI was not started.
20. During the course of argument, the learned Counsel for A-2 relies the decision i.e. AIR 2009 Supreme Court 2717 and 2014 Crl.L.J. 2433. In the decision of S.V.L.Murthy Vs. State, represented by CBI, Hyderabad with P.Jaya Kumar Vs. State of Andhra Pradesh, reported in AIR 2009 Supreme Court 2717, the Hon'ble Supreme Court has held :
'Penal Code S.420 Cheating - Grant of cheque discounting facility by Bank - Alleged wrongful loss caused by accused, customers, and Bank Officers - Allegation against accused customers that their Cheques were discounted after purchasing them - Cheques were deposited after gap 16 - 16 Spl.C.C.53/2011 of 1 to 4 days - Only later the amounts were deposited in the account - Said circumstances are not sufficient to hold accused persons guilty for commission of offence under S.420 as all actions of Bank Officers were in consonance with long standing banking practice.'
21. In the decision of B.Jayaraj Vs. State of A.P. reported in 2014 Cri.L.J. 2433 the Hon'ble Supreme Court has held:-
'Prevention of Corruption Act S.17, S.13 - Bribery case - Demand of gratification - Proof - Complainant disowning to have made complaint - No other evidence adduced by prosecution to prove demand - Demand of gratification cannot be held to be proved only on basis of complaint filed and evidence of panch witness - In absence of proof of demand mere recovery of tainted money from accused - Not sufficient for his conviction.' Further at para (B) the Hon'ble Supreme Court has held :-
"Prevention of Corruption Act, S.20
- Presumption that gratification was received for doing or not doing official act 17 - 17 Spl.C.C.53/2011
- Pre-condition for raising - Proof of acceptance is essential - Presumption under S.20 is limited to offence under S.7
- Does not apply to offence under S.13."
22. In view of the above said two decisions, prosecution has failed to prove that accused No.2 has demanded any gratification and accepted the gratification in order to held him liable for the offence u/S.13(1)(d) r/w.13(2) of Prevention of Corruption Act, 1988.
23. The learned Counsel for accused No.5 relies on the decisions (2009) 14 Supreme Court Cases 696 and (2009) 8 Supreme Court Cases 751. In the decision reported in Dilip Kaur and others Vs. Jagnar Singh and another case, i.e. (2009) 14 Supreme Court Cases 696, the Hon'ble Supreme Court held:-
"A. Penal Code, 1860 - Ss.420, 415, 405 and 406 - Ingredients of cheating - Fraudulent and dishonest intention must exist from the very inception when the promise or representation was made - Non-refunding of amount of advance which results in simply a breach of contract, held, does not constitute cheating or criminal breach of trust."
18 - 18 Spl.C.C.53/2011
24. In the decision of Mohammed Ibrahim and others Vs. State of Bihar and another reported in (2009) 8 Supreme Court Cases 751 - the Hon'ble Supreme Court has held :-
"Criminal Procedure Code, 1973 - S.482 - Disputes which essentially are civil in nature, filed as criminal complaints - Criminal court's duty to check abuse of process - Held, criminal courts should ensure that criminal proceedings are not misused for settling scores or pressurizing parties to settle civil disputes - However, civil disputes in some cases may also contain ingredients of criminal offences - Such disputes have to be entertained notwithstanding they are also civil disputes."
25. In view of the principles enunciated in the above said decisions, I am unable to accept the argument of learned Public Prosecutor in respect of accused Nos.1, 2 and 4 to 7.
26. In view of the admissions noted above, prosecution has failed to prove the criminal conspiracy against A-1 to A-7 for the purpose of cheating Canara Bank, Indiranagar Branch. Absolutely there are no 19 - 19 Spl.C.C.53/2011 materials produced by the prosecution in order to prove that accused Nos.1 and 2 have committed the offence under Sec.13(2) r/w.13 (1) (d) of Prevention of Corruption Act, 1988. Since absolutely there are no materials that A-1 and A-2 have demanded money from A-3 to A-7 or they have accepted money from A-3 to A-7 in order to attract those provision and as such I am unable to accept the argument of the learned Public Prosecutor, so far as allegation against A-1 & A-2, and A-4 to A-7 are concerned.
From the perusal of prosecution evidence there are materials to show that accused Nos.4 to 7 have sold flats to third person without clearing loans of Canara Bank, merely because they have joined with A-3, it cannot be termed as they have intention to cheat Canara Bank, Indiranagar Branch, since loans of accused Nos.4 to 7 were secured loans, Canara Bank, Indirangar Branch have every right to take back the possession of flats since there was tripartite agreement, which binds the borrower as well as builder and as such I am unable to accept the argument of learned Public Prosecutor against A-1 and A-2 and A-4 to A-7.
27. Ex.P7 is the file containing Sale Agreement, Tripartite Agreement, Letter evidencing execution of documents, loan application pertaining to PW4. In Xerox copy of the Tripartite Agreement, Clause 14 20 - 20 Spl.C.C.53/2011 reads as follows:- "The Builder shall not entertain any request to transfer of the Flat of the Borrower without the prior written consent of the Bank"
28. It is not the case of the accused No.3 that he has taken consent of the Bank for transfer of flat of PW4. PW4 has deposed in his examination-in-chief that he do not know who availed the loan amount in his name. He do not know whom the said flat was sold. Since he has not satisfied the service of Mediator and Developer so he got cancelled his Agreement of Sale of Flat and wrote a letter to the Bank canceling his loan document and return of documents.
In the cross-examination by learned Counsel for A-3 he has admitted that, he has visited Canara Bank, Indiranagar for executing the loan documents and for cancellation of loan. Except the housing loan transaction he had no other transaction with A-3. He has not repaid any amount in his personal capacity to Canara Bank towards the housing loan.
This evidence of PW4 coupled with Ex.P7 clearly goes to show that Builder A-3 has obligation to obtain written consent for selling flat belonging to PW4 to third person and in the cross-examination of PW4 nothing has been elicited to show that PW4 has obtained written consent of the Canara Bank for selling the flat.
21 - 21 Spl.C.C.53/2011
29. PW2 has deposed in his examination-in- chief that PW1 Ramesh Kumar is his father, he know G.A.Muniraju A-3, who is a developer at Indiranagar. His father's friend Shivalingappa introduced A-3 to them for purchasing flat. Accordingly, they visited A-3's Office at Indiranagar. A-3 told that he is developing sites and they also arrange for loans for purchasing site/flats. A-3 has taken their signature on Bank documents in his Office. At that time, he was working as an Executive in Mphasis Private Limited. He has given his salary certificate to A-3. A-3's Office Staff i.e. retired Bank employee filled all the forms and taken their signature. His father was co-obligant. Further he do not know who availed the loan amount mentioned in debit and credit slip in his name. After 3-4 months after signing on the document A-3 took him to Sub-Registrar Office for executing sale deed. Further he identifies his signature on sale deed as Ex.P2(a).
In the cross-examination by A-3, nothing has been elicited to show that A-3 has obtained written consent from Canara Bank to sell the flat belonging to PW2.
30. PW3 has also deposed that Gopi Saravanan took him to Manjunatha Developers, Indiranagar for purchasing flat. In the said Office Gopi Saravanan 22 - 22 Spl.C.C.53/2011 taken his signature on several documents. At that time, he has given his salary slip. Then he was taken to Canara Bank and taken his signature in account opening form. For opening his account he has given his ID Card, Photo. He do not know who wrote the credit slip and debit slip and he has not signed on it. Further he has deposed that he has not visited the Bank and he do not know how much loan was sanctioned in his name and who has availed the loan amount. Possession of flat and key was not handed over to him. Further he deposed that he do not know who paid the loan amount to the Bank. Further he do not know to whom the flat was sold.
In the cross-examination, he has admitted that he has visited Canara Bank, Indiranagar Branch for executing the loan documents and for cancellation of loan. Except the housing loan transaction, he had no other transaction with A-3. Nothing has been elicited in the cross-examination that A-3 has obtained written consent of the Bank to sell the Flat belonging to PW3.
31. PW5 also deposed that A-3 was developer and having Office at Indiranagar. Through Gopi Saravanan, he approached A-3 for purchasing flat for Rs.10-lakhs. Gopi Saravanan informed him that he will arrange loan from Canara Bank through A-3 for purchasing flat. He has given his salary slip, photo, ID Card and obtained his signature on some 23 - 23 Spl.C.C.53/2011 documents in A-3's Office. Further he has deposed that for opening account he has visited the Bank. He identifies file containing SB account opening form and photo marked as Ex.P8. Further he has deposed that he has not credited the money in the Bank. He do not know who signed the credit slip and debit slip in his name and who has availed the amount through the said slips. He identifies file containing loan application form and other document i.e. Agreement of Sale, Tripartite Agreement as per Ex.P9. He has not went to Sub-Registrar Office and he do not know to whom the said flat was sold, he has not made any payment to the Bank and he do not know to whom the loan was disbursed.
In the cross-examination of PW5 nothing has been elicited to discredit his testimony.
32. PW6 has also deposed that he know A-3 Muniraju. A-3 was the Director of Manjunatha Developers from whom he has purchased the flat. Through his relative he came to know that some flat was available in Lake City Residency Apartment. He met the Marketing Manager of Manjunatha Developers and who shown the flat. Then he went to A-3's Office to negotiate the price of flat and he agreed to purchase the flat for Rs.17,74,550/-. Marketing Executive of ICICI Sridhar collected all his document, after verification of documents his loan was 24 - 24 Spl.C.C.53/2011 sanctioned. Thereafter, he went to Sub-Registrar Office to get the sale deed executed in his name. A-3 executed Sale deed as a GPA of PW2 - R.Abhilash in his favour. Abhilash was also present at the time. This evidence of PW6 that A-3 executed Sale Deed as GPA holder of PW2 remains unchallenged. This will clearly goes to show that A-3 sold flat belonging to PW2 to PW6 without obtaining written consent of the Canara Bank as mentioned in the Tripartite Agreement.
33. PW7 also deposed that he know A-3 Muniraju, who is sitting before the Court. He was builder, his Office is situated at Indiranagar. He approached A-3 for purchasing flat and in his Office in the presence of A-3 his signature was obtained on the loan and flat purchase document stating that he will arrange loan from Canara Bank. He has not visited the Canara Bank and he do not know who filled all those loan documents. At that time his photo and address proof document, PAN Card was also given. He identifies SB account opening form as Ex.P12 and he identifies loan application forms and other documents as per Ex.P13. Further he has deposed that he has not visited the Bank except at the time of opening SB Account and he has never repaid the loan amount to the Bank and he has given 11 blank Cheques to A-3. He identifies 9 blank Cheques given 25 - 25 Spl.C.C.53/2011 for security purpose as per Ex.P14. The document for the flat was given to his possession. He has not executed GPA in favour of A-3 for selling the flat and he do not know when A-3 sold the property to Indrajit Singh.
In the cross-examination of PW7 nothing has been elicited to discredit his testimony. From the evidence PW7 it is evident that flat, which was sold to PW7 has been sold to Indrajit Singh by A-3, without obtaining written consent of the Bank.
34. PW8 has also deposed that he knew A-3 Muniraju, who is sitting before the Court; he was a builder, his office is situated at Indiranagar. He approached A-3 for purchasing flat and in his Office in the presence of A-3 his signature was obtained on the loan document and flat purchase document stating that he will arrange loan from Canara Bank. He identifies SB account opening form, which bears signature of him as per Ex.P15 and he also identifies loan application forms and other document as per Ex.P16. He further stated that he never visited the Bank except at the time of opening SB account. He has never repaid the loan amount to the Bank. He has given 18 blank Cheques to A-3 and he identifies 18 blank Cheques as per Ex.P17; document nor the flat was given to his possession. Further he has deposed that he has not executed GPA in favour of A- 26 - 26 Spl.C.C.53/2011 3 for selling flat. He do not know when A-3 sold the property to whom.
In the cross-examination nothing has been elicited to discredit his testimony.
35. PW10 has deposed that Sridhar Karnam is his elder brother, he was working in HP Company. At present he is working in USA. He know A-3 Muniraju. His brother went to the Office of A-3 to purchase the flat. A-3 has obtained the signature on agreement stating that he will build the house and given it to them and assured that he will arrange loan from ICICI Bank for purchase of flat. Signature of his brother on all the loan documents in the Office of A-3 was obtained. His brother has not visited the ICICI Bank. A-3 has taken responsibility for sanctioning loan. He do not know Sonu Singh. Further he has deposed that A-3 has executed the Sale Deed in favour of his brother. He identifies Sale deed containing loan documents as per Ex.P21.
In the cross-examination of PW10 nothing has been elicited to discredit his testimony.
36. PW11 has deposed in his examination-in- chief that he knew A-3 Muniraju who is sitting before the Court. He was the builder, his Office is situated at Indiranagar. In the year 2006 he approached A-3 for purchasing flat, he introduced one Keshav his 27 - 27 Spl.C.C.53/2011 employee and he introduced to Sridhar, Franchise of ICICI Bank for loan purpose and in his Office in the presence of A-3 his signature was obtained on the loan document and flat purchase document stating that he will arrange loan from ICICI Bank. He has not visited the ICICI Bank and he do not know who filled all those loan documents. At that time his photo and address proof document was also given. He do not know earlier sale transaction in favour of A-7 Nagabhushan. A-3 told that himself and Nagabhushan A-7 are the joint owners of the flat. Later on, they came to know that the flat was already mortgaged in favour of Canara Bank when the Canara Bank Officials came in the year 2008 to the flat. He has gone to Sub-registrar Office and got executed Sale deed in his favour by A-3 and A-7.
Nothing has been elicited in the cross- examination of PW11 to discredit his testimony.
37. PW12 is Inspecting Officer at Canara Bank and he also identifies report submitted by him as per Ex.P23.
38. PW13 has deposed in his examination-in- chief that he knew A-3 Muniraju who is sitting before the Court. He was builder, his Office is situated at Indiranagar. In the year 2007, he approached A-3 for purchasing flat Keshava, Sale Manager of the said 28 - 28 Spl.C.C.53/2011 Company. Keshav introduced him to Mishra of ICICI Bank for loan purpose. Mishra brought all the loan documents and obtained his signature on it. Further he has deposed that he has not visited the ICICI Bank and he do not know who filled all those loan documents. At that time his photo, address proof document, copy of passport was also given. Thereafter, he was taken to Sub-Registrar for registration of sale deed at that time he came to know that already the said flat was sold in favour of Gopi Saravasan and he has executed GPA in favour of A-3. A-3 as GPA holder executed sale deed in his favour. At the time of agreement of sale earlier sale transaction was not disclosed. Later on, they came to know that the flat was already mortgaged in favour of Canara Bank when the Canara Bank Officials came in the year 2009 to the flat.
In the cross-examination of PW13 nothing has been elicited to discredit his testimony.
39. PW14 also deposed that Annapporna is his wife. She is working in KPTCL. His wife's friend Rajalakshmi took him and his wife to the Office of A3 situated at Indiranagar for purchasing flat. In the Office they met A-3 and negotiate the flat and A3 told that he will arrange loan from Canara Bank for purchasing flat. A-3 took signature of his wife to the loan documents. Further he has deposed that himself 29 - 29 Spl.C.C.53/2011 and his wife never visited to Canara Bank, even SB Account was opened by A3 in their name. At that time, they gave address proof document, ID Card, Photo, PAN Card. He identified the file containing SB Account opening form, in the joint name of himself and his wife as per Ex.P25. Further he identifies the loan application form, original sale deed loan documents as per Ex.P26. His wife has given 9 cheques towards security of loan as per Ex.P27. They repaid installment of Rs.3-lakhs and odd and remaining amount was repaid by A-3 to clear the amount. They sustained loss of Rs.3-lakh and they do not get the flat also. A-3 has cheated them. Further he deposed that so many times he approached A-3 but he has not repaid the amount to him. He has never visited the Canara Bank for executing of any documents. Now he came to know that the said flat was sold to other persons and they have not executed GPA in favour of A-3 to sell the flat.
In the cross-examination nothing has been elicited to discredit his testimony.
40. PW15 has deposed in his examination-in- chief that Venkat took him to the Office of A-3 situated at Indiranagar for purchasing flat. A-3 was a land developer. In the Office he met A-3 and negotiate the flat and A-3 told that he will arrange loan from Canara Bank for purchasing flat. A-3 took 30 - 30 Spl.C.C.53/2011 his signature to the loan documents. Further he has deposed that he has never visited to Canara Bank except SB account opening. At that time he gave address proof document, ID Card, photo PAN Card, LIC Bond. He identifies the file containing SB Account opening form and other document at Ex.P28. Further he has deposed that A-3 has cheated him. Agreement of sale was executed in A-3's Office. Thereafter, he has not received any information from developer and Bank and he do not know to whom the said flat was sold and he do not know who closed the loan.
In the cross-examination has admitted that he has visited Canara Bank, Indiranagar Branch personally for obtaining housing loan and furnished all necessary documents and executed necessary documents and loan was granted in his name. There was an agreement to purchase a flat in Lake City Residency but it was not materialized. As such, the loan papers was not processed.
41. PW16 has deposed in his examination-in- chief that in the year 2006 he met Marketing Manager Keshava Murthy for purchasing flat. A-3 - Muniraju is the owner of the apartment. The loan was availed from ICICI Bank for purchasing flat. He has not gone to ICICI Bank. Sridhar Employee from ICICI Bank collected his address proof document, ID Card, PAN card, Salary slip, Form No.16 and he obtained his 31 - 31 Spl.C.C.53/2011 signature on all the loan documents. He identified file containing loan application form and other documents at Ex.P29. After sanctioning loan, he gone to Sub- Registrar to get execute sale deed in his favour. A-3 & A-5 executed sale deed in his favour. He is not aware of the earlier sale transaction and property mortgaged to any Bank. In the year 2009 some Officers from Canara Bank came to the flat and informed that earlier it was sold to other person and he has not repaid the amount and he is the second purchaser. Till today he is repaying the instalment to the ICICI Bank and on enquiry to A-3 he told that he will repay the Canara Bank loan due. Further he has stated that A-3 has cheated him.
In the cross-examination of PW16 nothing has been elicited to discredit his testimony.
42. PW17 has also deposed that in the year 2006, he contacted A-3 for purchasing flat. Sale Marketing Manager Keshava taken token advance of Rs.50,000/- and booked a flat in his name and told that MD will finalize the price amount of the flat and agreement of sale was executed for Rs.13-lakhs and odd. He has paid the entire sale consideration amount out of his service benefit and got executed sale deed in his favour and took the possession of the flat. After 4 years of purchase of the flat i.e. in the year 2010 when the Canara Bank Officials came to the flat and 32 - 32 Spl.C.C.53/2011 told that already flat was sold to Ramesh Puttaswamy mortgaged in favour of Canara Bank. A-3 has not disclosed the earlier sale transaction and mortgaging flat in favour of Canara Bank.
This evidence of PW17 also remains unchallenged as nothing has been elicited in the cross-examination to discredit his evidence adduced in the examination-in-chief.
43. PW18 has deposed that in the year 2006 he contacted A-3 for purchasing flat through Sale Marketing Manager Keshava. Negotiation was settled for Rs.8,36,000/- and accordingly he paid the entire amount of Rs.8,36,000/- in favour of A-3 and got executed registered sale deed in his name and taken possession of the flat. After 1 ½ years of purchase of the flat i.e. in the year 2008 when the Canara Bank Officials came to the flat and told that already flat was sold to F.Shantha Kumar ie. A-6 mortgaged in favour of Canara Bank. A3 has not disclosed the earlier sale transaction and mortgaging flat in favour of Canara Bank. A-3 has cheated him. On enquiry A-3 told that he will clear the Canara Bank dues and settle the dispute.
Nothing has been elicited in the cross- examination to discredit the evidence of PW18. 33 - 33 Spl.C.C.53/2011
44. PW19 also deposed that he came into contact with A-3 in the year 2004 in respect of a housing loan to purchase a flat. He approached him in his office at Indiranagar with necessary documents. He executed some documents of his Office for Bank loan. He was assured about the sale of flat No.9 in Lake City Residency at KR Puram. He was assured that 100% sale consideration would be arranged as housing loan and possession of the flat would be delivered thereafter. At the time of registration, he went to Sub-Registrar Office with A-3. The loan was sanctioned from Canara Bank, Indiranagar Branch and he did not visit the Bank at any point of time. He identifies the SB Account opening form at Ex.P30 and the housing loan applications with other annexures at Ex.P31. Before obtaining the housing loan, A-3 had obtained four bank Cheques with his signatures at Exs.P32 to 35. Further he has deposed that when the possession of the flat was not handed over to him, he approached the Bank and they told that they will speak to builder and revert to them.
45. PW20 in her evidence has identifies A-3 Muniraju. She got acquainted with A-3 when she intended to purchase a flat in the year 2007. A-3 took her to Lake City Residency apartments at KR Puram and had shown flat No.F6 in first floor. She liked the flat and paid advance sale consideration. A-3 assured 34 - 34 Spl.C.C.53/2011 her to get bank loan for the purchase of the flat and had sent his Assistant by name Keshav. Through him they obtained housing loan from ICICI Bank to the tune of Rs.17,32,000/-. Flat was registered in her name and she is in occupation on it. Muniraju A-3 got executed sale deed as vendor in joint names in her name and in her husband's name. She identifies Sale Deed as Ex.P36. Further she deposed that after she obtained the possession of the flat and started residing there, an Officer from Canara Bank, Indiranagar Branch came to their flat and told that the said flat had been mortgaged to them for the loan obtained by Mohan Kumar.
This evidence of PW20 is remains unchallenged.
46. PW22 has deposed in his examination-in- chief that he is acquainted with one Ramesh Puttaswamy - PW7. He had approached him for procuring a flat. He had shown a flat at K.R.Puram. He also agreed to procure necessary finance by way of housing loan from Canara Bank, Indirangar Branch. He visited Canara Bank and executed necessary documents. He did not obtain housing loan nor he purchased a flat. He is not aware of sanctioning of housing loan in his name by Canara Bank, Indiranagar Branch and crediting the proceeds of said loan to his SB Account. He did not operate the SB account at any given point of time. He has visited Sub-registrar 35 - 35 Spl.C.C.53/2011 Office at the request of PW7-Ramesh and executed a document there.
47. PW24 has deposed in her examination-in- chief has deposed that she had a cousin sister by name Susan - PW19. Herself and Susan approached A-3 for purchase of a flat by each one of them in Lake City Apartments. They had no capacity to purchase, hence wanted loan. They visited his Office at Indiranagar and executed loan documents, he arranged loan in Canara Bank, Indiranagar Branch. Thereafter, they went to Sub-Registrar Office and got sale deeds registered in the year 2006. However, they did not get the physical possession of the flat. They called A-3, he told that since margin money was not paid by them, possession could not be given and he told that he would sell the flat and clear the loan liability. Thereafter, they met A-1 in Indiranagar Branch and discussed about the loan. He assured that he would contact A-3 and revert to them. But despite passage of time, nothing was heard from A-1 or A-3.
Further she deposed that in the year 2010 herself & Susan were summoned to CBI Office and enquired about the transactions. They confronted certain documents and recorded their statement. She do not know whether the flat purchased by her was resold and she did not execute any power of attorney in favour of A-3.
36 - 36 Spl.C.C.53/2011 In the cross-examination of PW24 nothing has been elicited to discredit her testimony.
48. PW25 has deposed in his examination-in- chief that he approached A-3 for purchase of a flat in Lake City apartments. He had no money and wanted housing loan. A-3 assured housing loan from Canara Bank, Indiranagar Branch. Accordingly, he executed necessary documents in his Office and loan was sanctioned. He was working in Bhawars Inc in the year 2005. But he has not furnished any documents in that regard. Further he deposed that in the year 2006, a flat was registered in his name and possession was not given. On enquiry, A-3 told that since he had not paid margin money possession of flat could not be given to him. Further he has deposed that in the year 2010, he was summoned to CBI Office and enquired about the transaction with A3 and Canara Bank by confronting certain documents ie. Ex.P41 and Ex.P18. His flat was resold to Krupakara Rao.
In the cross-examination nothing has been elicited to discredit his testimony.
49. PW26 has deposed in his examination-in- chief that himself and his wife together had purchased a flat bearing No.G03 from G.A.Muniraju-A-3, and Veerabhadraiah-A4 in the year 2007 through 37 - 37 Spl.C.C.53/2011 registered sale deed. Sale consideration was met by him through loan proceeds from ICICI Bank.
In the cross-examination by A-3, he has deposed that A-3 and A-4 had not asked him to pay any amount in respect of flat purchased by him to Canara Bank, Indiranagar Branch. Except for the notice affixed on the main door of the flat, Canara Bank had not demanded any money from him.
This clearly goes to show that on the flats purchased by him, there was already loan obtained from Canara Bank, Indiranagar Branch.
50. PW28 has deposed that one Gopisharavanan contacted him and offered him a flat for purchase in Lake City Residency. He got executed some documents in that regard. He took him to Office of M/s.Manjunatha Developers and from there they went to Canara Bank, Indiranagar Branch. He got opened an account in his name and he assured 100% finance for purchase of the flat. He waited for about 6-7 months, but nothing was heard from builder. He contacted the Bank also and they also did not respond properly and redirected him to builder. He was intimated about the sanction of the loan but flat was not given to him. He never visited Sub-registrar Office and did not get possession of any flat. 38 - 38 Spl.C.C.53/2011
51. PW29 has deposed in the examination-in- chief that in October-2010, he was summoned to CBI Office and enquired about the salary particulars of Shanthakumar and D.S.Harry-CW40. From Court records, he identifies the pay slips pertaining to Sri Harry as Ex.P86. For the sake of definiteness and identification, they are marked as Ex.C4 and Ex.C5. He has also identifies two pay slips for the month of August & Sept-2005 in respect of Sri Shanthakumar. For the sake of definiteness and identification, they are marked as Ex.C6 and Ex.C7.
52. PW30 has deposed in his examination-in- chief that in Lake City Residency, he owns a flat bearing No.F09, 1st floor. He purchased it from its previous owner Smt.Susan through her GPA holder Muniraju. The sale consideration was Rs.18/-lakhs. He arranged it through Federal Bank loan. Further he has deposed that he is in possession of the said flat through his tenant. He was not knowing any encumbrance of the property and he did not obtain any legal scrutiny report before entering into sale transaction. Further he has deposed that after purchase, Canara Bank Officials came near the flat and pasted a notice on the front door of the flat, he enquired A-3. He assured him to sort out the issue, later he did not get any information or demand from Canara Bank.
39 - 39 Spl.C.C.53/2011 This evidence of PW30 is also clearly goes to show that flat purchased by him, there was outstanding at the Canara Bank, Indiranagar Branch.
53. PW31 also deposed that he is acquainted with A-3. His colleague Suresh took him to A-3 in 2007 on the assurance that he would get him a flat in K.R.Puram, through Bank loan. Accused No.3 assured him that he would obtain 100% bank loan for purchase of flat and it would be resold to a prospective purchaser and he would be paid Rs.50,000/- for lending his name to obtain loan. He agreed for it and executed necessary documents and loan was sanctioned in his name. Further he has deposed that he was taken to Canara Bank, Indiranagar Branch for executing loan documents. He identifies account opening form as Ex.P65. Later the property was not registered in his name and he was paid Rs.25,000/- by A-3.
This evidence of PW31 clearly goes to show how A-3 has cheated him.
54. PW32 is the person who has worked in ICICI Bank in different capacities from June-2005 to May-2012. He has deposed that their Bank had financed for purchase of flats in Lake City Residency, KR Puram, Bengaluru. He identifies file pertaining to approval of the project as Ex.P109. The file pertaining 40 - 40 Spl.C.C.53/2011 to Srinivasa Rao as Ex.P110. The file pertaining to Tinky Susan Chacko as Ex.P111. The file pertaining to Thyagarajan, which is already marked as Ex.P10. The file pertaining to Pavan Kumar K.R. which is already marked as Ex.P24. The file pertaining to Ashok Nair is already marked as Ex.P99. The file pertaining to Sridhar Karnam is already marked as Ex.P21. The file pertaining to Rajamani is already marked as Ex.P22. The file pertaining to Jagjith Swain is already marked as Ex.P29 and he identifies the Cheques issued by ICICI Bank to M/s.Manjunatha Land Developers as Ex.P100 to 107 and another cheque dated 31.8.2006 for Rs.15/- lakhs issued in favour of M/s.Manjunatha Land Developers as Ex.P112. He also identifies another cheque dated 29.8.2006 for Rs.13/- lakhs issued in favour of M/s.Manjunatha Land Developers as Ex.P113. He also identifies another cheque dated 31.7.2006 for Rs.9,52,375/- issued in favour of M/s.Manjunatha Land Developers as Ex.P114. Further he also identifies from the court records loan proceeds of account of Pavan Kuamr which was credited to the current account of M/s.Manjunatha Land Developers and Construction (P) Ltd., belonging to A-3 opened in UTI Bank, Indiranagar as per Ex.P24(b). He also identifies a cheque for Rs.3-lakh dated 25.6.2007 in favour of Manjunatha Land Developers issued from his Bank as per Ex.P119.
41 - 41 Spl.C.C.53/2011
55. PW33, Sub-Registrar, K.R.Puram, has deposed with respect to handing over certified copies of 23 sale deeds as per Ex.P121 to Ex.P142 and covering letter as per Ex.P120 and also Encumbrance Certificate as per Ex.P144 and covering letter as per Ex.P143.
56. PW34 has deposed, from the Court records he identifies a letter purported to be originated from his Branch to M/s.ICICI Bank regarding closure of housing loan. He has not signed said letter nor said letter has been prepared at his instructions in his Branch. The said letter was marked as Ex.C8.
57. The cross-examination of PW35 goes to show that before he joining Indiranagar Branch, 28 housing loans were pre-closed at the request of concerned borrowers by over time. Further all the housing loans involved in the case have been classified as non-performing assets on and from the year 2007.
58. PW36 has deposed in his examination-in- chief that his mother owned a commercial property bearing Nos.135, 136 and 138, SC Road, Sheshadripuram main road, Bengaluru; the said property was given on rental basis to one Ramesh for 42 - 42 Spl.C.C.53/2011 his Office purpose and he was running a Human Resource Office in the said building. Further he deposed that to the best of his knowledge, there was no concern by name M/s.Universal Management Technology Pvt.Ltd., in the said Office premises.
59. PW37 has deposed in his examination-in- chief that in pursuance of the news paper advertisement, he came into contact with accused No.3 - Muniraju in connection with purchase of a flat. He went to his Office at Indiranagar and had a personal discussion with him. Further he deposed that to obtain housing finance, he told him to get the salary particulars, he produced it. On perusal of it, he told that he is not eligible and he wanted his daughter's salary particulars also and she was working in IBM at that juncture. Further he deposed that thereafter, he was taken to Canara Bank, Indiranagar Branch, Bengaluru, there he executed some documents; some documents were also executed in the Office of Muniraju. Thereafter, he was taken to Sub-Registrar's Office at KR Puram, Bengaluru for registration of flat. He purchased flat bearing No.T-07 in Lakeview Residency, KR Puram, Bengaluru, but he was not given the documents. On enquiry with accused No.3, he told that he has to pay Rs.5-lakhs more as he has to pay installments and interest on the loan. As he was not having so much money with him, 43 - 43 Spl.C.C.53/2011 he told accused No.3 about it, then accused No.3 told that he would find a buyer for the flat and regularize the amount. Thereafter, he did not know what happened to said flat. He was paid Rs.5,000/- by accused No.3 towards the expenditure.
60. PW38, who was business associate of A-3 has deposed that the official work and banking operation were exclusively carried out by Muniraju-A3.
61. PW39, who is brother-in-law of A-3 has deposed that the official work and banking operation were exclusively carried out by Muniraju - A3 and by virtue of a board resolution, he was invested with such authority.
62. PW44 has deposed with respect to summoning by CBI Officials, enquiring about salary particulars of PW24 - Smt.Deepakumari, by confronting a salary certificate that was shown to him with the information available in the computer system. He also furnished the true particulars of the information pertaining to Smt.Deepakumari by taking printouts from the system for the period April-2005 and May-2005. He also furnished them the copy of Form No.16 for the year 2004-05.
44 - 44 Spl.C.C.53/2011
63. PW45 has deposed in his examination-in- chief that he is acquainted with Sri Ramesh Kumar - PW1. In the year 2010, CBI Officials summoned him to their Office and enquired about the salary particulars of Sri Ramesh Kumar. During enquiry, they confronted a salary slips and Form No.16 purported to have been issued from their Office to Ramesh Kumar. He compared the particulars found in the said salary slip and form No.16 with the relevant entries maintained in their Office. He found that the salary particulars found in the salary slips and form No.16 was not tallying with the particulars found in the records maintained in their Office.
64. PW46 is the I.O. has deposed with respect to the investigation done by him.
65. Though prosecution has alleged the offence u/S.120B IPC against A-3, absolutely prosecution has failed to produce any material as well as evidence in order to show that A-3 had criminal conspiracy with accused Nos.1 and 2 in order to cheat Canara Bank, Indiranagar Branch and as such, prosecution has failed to prove the offence u/S.120B IPC against A-3.
Though prosecution has alleged the offence u/S.467 and 471 IPC against A-3 and though prosecution has able to produce salary slip, Form 45 - 45 Spl.C.C.53/2011 No.16 said to have been fake documents, it is not possible to accept the prosecution case that A-3 alone is responsible for forging documents and making use the said documents as genuine documents, without the help of others. Since said other persons are not made as accused, A-3 cannot be convicted for the said offences.
66. On perusal of evidence of above cited witnesses it is evident that A-3 being builder of Lake City Residency apartments, who has entered into Tripartite Agreement with Canara Bank, Indiranagar Branch and flat buyers, has failed to honour the Clause-14 of the Tripartite Agreement in not taking written consent of Canara Bank, Indiranagar Branch to sell flats of Lake City Residency Apartments. Further, the evidence of witnesses clearly goes to show that he cheated the buyers also and as such there is considerable force in the argument of learned Public Prosecutor that A-3 has committed the offence of cheating to Canara Bank, Indiranagar Branch in selling flats which were mortgaged to it to the buyers by making arrangement to obtain loan from ICICI Bank and as such he is liable for conviction for the Offence of cheating. As such, I am unable to accept the argument of learned Counsel for A-3. Hence, the above point is answered partly affirmative against A-3 and negative against A-1, A-2 and A-4 to A-7.
46 - 46 Spl.C.C.53/2011
67. Point No.2 :- In view of my findings on point No.1, I proceed to pass the following:-
: ORDER :
Acting U/s.235 (1) of Cr.P.C. accused Nos.1, 2, and 4 to 7 are hereby acquitted for the offence punishable U/s.120(B) r/w. 467, 471 and 420 IPC and for the offence punishable under section 13(1)(d) r/w. Section 13 (2) of Prevention of Corruption Act, 1988.
Accordingly bail bonds and surety bonds of accused Nos.1, 2 and 4 to 7 stand cancelled.
Acting U/s.235(2) of Cr.P.C. accused No.3 is hereby convicted for the offence punishable U/s.420 IPC.
For hearing on quantum of sentence.
(Dictated to Judgment Writer, transcribed and computerized by him, corrected, signed then pronounced by me in the open court today i.e., on 30th day of October, 2015.) (K.H.MALLAPPA) XLVI Addl. City Civil and Sessions Judge and Special Judge for C.B.I. Cases, Bengaluru.
47 - 47 Spl.C.C.53/2011 Heard quantum of sentence.
The learned Counsel for A-3 prays to take lenient view and to impose minimum sentence. The learned Public Prosecutor prays to impose maximum sentence. Taking into consideration that A-3 has caused loss to Nationalized Bank and taking into consideration of the manner in which A-3 has caused loss to the Canara Bank, Indiranagar Branch and also to the prosecution witnesses, it is just and proper to impose appropriate sentence. Hence, I proceed to pass the following:-
: ORDER :
I find accused guilty u/S.235(2) Cr.P.C. for the offence punishable u/S.420 I.P.C.
A-3 is convicted and sentenced him to undergo R.I. for a period of 4 (four) years with fine of Rs.50,000/-. In default of payment of fine, he has to undergo S.I. for a period of 6 (six) months.
Furnish free copy of this judgment to A-3.
(Dictated to Judgment Writer, transcribed and computerized by him, corrected, signed then pronounced by me in the open court today i.e., on 30th day of October, 2015.) (K.H.MALLAPPA) XLVI Addl. City Civil and Sessions Judge and Special Judge for C.B.I. Cases, Bengaluru.
48 - 48 Spl.C.C.53/2011 ANNEXURE LIST OF WITNESSES EXAMINED ON BEHALF OF THE COMPLAINANT:
P.W.1 Sri. Ramesh Kumar 23-5-2012 P.W.2 R.Abilash 23.5.2012 P.W.3 V.Jai Kumar 23.5.2012 P.W.4 Venkateshan K. 23.5.2013 P.W.5 T.John 23.5.2012 P.W.6 Thyagarajan 23.5.2012 P.W.7 P.Ramesh 24.5.2012 P.W.8 Ramesh Kamath 24.5.2012 P.W.9 Siddarth Yadav 24.5.2012 P.W.10 Sudhindra 24.5.2012 P.W.11 Rajamani S. 25.5.2012 P.W.12 A.S.Patil 25.5.2012 P.W.13 Pawan Kumar 25.5.2012 P.W.14 Nagaraj 25.5.2012 P.W.15 M.L.Suresh 25.5.2012 P.W.16 Jagjit Swain 25.5.2012 P.W.17 Indrajeet Singh 25.5.2012 P.W.18 Gautham Agarwal 25.5.2012 P.W.19 Susandeena Kumari 29.4.2013 P.W.20 Malarvizhi 29.4.2013 49 - 49 Spl.C.C.53/2011 P.W.21 Bhanu Raman 3.6.2013 P.W.22 K.Ramamurthy 3.6.2013 P.W.23 Sunil Kumar 3.6.2013 P.W.24 Deepakumari S 16.7.2013 P.W.25 Prasanna Acharya 16.7.2013 P.W.26 Ashok Nair 16.7.2013 P.W.27 Uday Shankar 16.7.2013 P.W.28 T.M.Raju 16.7.2013 P.W.29 Prabhudev 16.7.2013 P.W.30 Sebastian K. Joseph 30.7.2013 P.W.31 Muniraju 30.7.2013 P.W.32 Manas Mahapatra 30.7.2013 P.W.33 Krishna S. Naik 30.7.2013 P.W.34 Murugeshan 17.8.2013 P.W.35 K.Rathinam 17.8.2013 P.W.36 Ravindranath 11.9.2013 P.W.37 Danial Selvester Harry 11.9.2013 P.W.38 M.Amaresha 26.9.2013 P.W.39 R.Ramamurthy 26.9.2013 P.W.40 Hema Varma 26.9.2013 P.W.41 U.Krishna Vaidya 26.9.2013 P.W.42 K.Chandrashekar 29.10.2013 P.W.42 K.Chandrashekar 29.10.2013 50 - 50 Spl.C.C.53/2011 P.W.43 V.V.Sheth 12.11.2013 P.W.44 Prasad M. 12.11.2013 P.W.45 R.G.Prasad 12.11.2013 P.W.46 T.V.Joy 4.12.2013 LIST OF WITNESSES EXAMINED ON BEHALF OF THE ACCUSED :
- Nil -
LIST OF DOCUMENTS EXHIBITED ON BEHALF OF THE COMPLAINANT :
Ex.P.1 SB A/c. opening form
Ex.P.1(a) Certificate
Ex.P.1(b) Statement of account
Ex.P.2 Entire file containing loan application
Ex.P.2(a) Original Sale Deed
Ex.P.2(b) Application
Ex.P.2(c) Office note
Ex.P.2(d) Signature of A-1
Ex.P.2(e) Letter
Ex.P.2(f) Signature of A-2
Ex.P.2(g) Deposit of title deed
Ex.P.2(h) E.C.
Ex.P.2(i) Salary slip
Ex.P.2(j) Salary slip
Ex.P.2(k) Form No.16
Ex.P.3 Blank cheques of P.W.3
Ex.P.4 SB A/c. opening form
Ex.P.4(a) Statement of account
Ex.P.5 File containing loan application
Ex.P.5(a) Application
Ex.P.5(b) Office note
Ex.P.5(c) Signature of A-2
51 - 51 Spl.C.C.53/2011
Ex.P.5(d) Loan sanction letter
Ex.P.5(e) Signature of A-2
Ex.P.5(f) Deposit of title deed
Ex.P.6 SB A/c. opening form
Ex.P.6(a) Statement of account
Ex.P.6(b) Statement of account
Ex.P.7 A file containing along with
documents
Ex.P.7(a) Loan application
Ex.P.7(b) Office note
Ex.P.7(c) Signature of A-2
Ex.P.7(d) Letter
Ex.P.7(e) Signature of A-2
Ex.P.7(f) Deposit of title deed
Ex.P.7(g) Sale deed
Ex.P.7(h) Tripartite agreement
Ex.P.8 SB A/c. opening form
Ex.P.9 File containing loan application
Ex.P.9(a) Loan application
Ex.P.9(b) Office note
Ex.P.9(c) Signature of A-2
Ex.P.9(d) Loan sanction letter
Ex.P.9(e) Signature of A-2
Ex.P.9(f) Deposit of title deeds
Ex.P.10 Loan application
Ex.P10(a) Loan application
Ex.P10(b) Loan proceeds
Ex.P.11 Original Sale Deed
Ex.P.12 SB A/c. opening form
Ex.P.13 File containing loan application along
with Sale Deed and other documents Ex.P.13(a) Application Ex.P.13(b) Signature of A-1 Ex.P.13(c) Signature of witness Ex.P.13(d) Communication letter Ex.P.13(e) Signature of A-2 Ex.P.13(f) Deposit of title deed Ex.P.13(g) Sale deed Ex.P.13(h) E.C. Ex.P.14 Blank cheques 52 - 52 Spl.C.C.53/2011 Ex.P.15 SB A/c. opening form Ex.P.16 File containing loan application along with Sale Deed and other documents Ex.P.16(a) Xerox copy of Salary certificate Ex.P.16(b) Application Ex.P.16(c) Office note Ex.P.16(d) Signature of A-2 Ex.P.16(e) Sanction communication Ex.P.16(f) Signature of A-2 Ex.P.16(g) Deposit of title deed Ex.P.16(h) Sale deed Ex.P.16(i) E.C. Ex.P.17 Eighteen blank cheques Ex.P.18 File containing loan application along with Sale Deed and other documents Ex.P.18(a) Xerox copy of salary slip Ex.P.18(b) Sale Deed Ex.P.18(c) Application Ex.P.18(d) Office note Ex.P.18(e) Signature of A-2 Ex.P.18(f) Loan sanction letter Ex.P.18(g) Signature of A-2 Ex.P.18(h) Deposit of title deeds Ex.P.19 File containing loan application along with Sale Deed and other documents Ex.P.19(a) Xerox copy of salary slip Ex.P.19(b) Application Ex.P.19(c) Office note Ex.P.19(d) Signature of A-2 Ex.P.19(e) Letter Ex.P.19(f) Signature of A-2 Ex.P.19(g) Deposit of title deed Ex.P.19(h) Sale deed Ex.P.19(i) E.C. Ex.P.20 Formats along with reasons Ex.P.21 Sale Deed along with documents Ex.P21(b) Loan application Ex.P21(c) Loan proceeds Ex.P.22 File containing loan application along with Sale Deed and other documents 53 - 53 Spl.C.C.53/2011 Ex.P22(a) Loan application Ex.P22(b) Loan proceeds Ex.P.23 Inspection report of P.W.12 Ex.P.24 File containing loan application along with Sale Deed and other documents of K.R.Pavankumar Ex.P.24(a) Loan application Ex.P.24(b) Loan proceeds Ex.P.25 File containing loan application along with Sale Deed and other documents of T.L.Annapurna and Nagaraj Ex.P.25(a) Statement of account Ex.P.25(b) Statement of account Ex.P.26 File containing loan application along with Sale Deed and other documents of Sri.T.L.Annapurnaq Ex.P.26(a) Application Ex.P.26(b) Signature of A-1 Ex.P.26(c) Signature of A-2 Ex.P.26(d) Sanction letter Ex.P.26(e) Signature of A-2 Ex.P.26(f) Deposit of title deed Ex.P.26(g) Sale deed Ex.P.26(h) E.C. Ex.P.27 9 cheques of Smt.T.L.Annapurna Ex.P.28 SB A/c. opening form along with documents of M.L.Suresh Ex.P.28(a) Statement of account Ex.P.28(b) Statement of account Ex.P.29 File containing loan application along with Sale Deed and other documents of Jaojit Swain Ex.P.29(a) Loan application Ex.P.30 SB A/c. opening form Ex.P.30(a) Signature of witness Ex.P.30(b) Signature of A2 Ex.P.30(c) Statement of account Ex.P.30(d) Credit slip Ex.P.30(e) Debit slip Ex.P.30(f&g) Demand drafts 54 - 54 Spl.C.C.53/2011 Ex.P.30(h) Statement of account Ex.P.31 File pertaining to housing loan Ex.P.31(a) Loan application form Ex.P.31(b) Signature of witness Ex.P.31(c) Sale agreement Ex.P.31(d) Housing loan agreement Ex.P.31(e) Repayment schedule Ex.P.31(f) Sale Deed Ex.P.31(g) Letter evidencing deposit of title deeds Ex.P31(h) Office note Ex.P31(i) Signature of A-2 Ex.P31(j) Letter Ex.P31(k) Signature of A-2 Ex.P31(l) Letter Ex.P31(m) E.C. Ex.P.32 to cheques P.35 Ex.P.36 Sale Deed Ex.P.36(a) Signature of A-3 Ex.P.36(b) Signature of witness' husband Ex.P.36(c) Signature of witness Ex.P.37 Complaint Ex.P.37(a) Signature of witness Ex.P.37(b) Details of applicants of Lake Residency Ex.P.38 Copy of internal enquiry report Ex.P.39 Supplementary report Ex.P.40 A/c. opening form Ex.P.40(a) Signature of witness Ex.P.40(b) Copy of telephone bill Ex.P.40(c) Copy of D.L Ex.P.40(d) Copy of voter's I.D. Ex.P.40(e) Statement of account Ex.P.40(f,g) Debit slips Ex.P.40(h,I,j) Account ledger inquiry Ex.P.40(k) Debit slip Ex.P.40(l,m) Credit slips Ex.P.40(n) Account ledger inquiry Ex.P.40(o,p) DD challans 55 - 55 Spl.C.C.53/2011 Ex.P.40(q) Pay-in-slip Ex.P.40(r) Credit slip Ex.P.40(s) Account ledger inquiry Ex.P.40(t) Statement of account Ex.P.41 A/c. opening form Ex.P.41(a) Signature of A2 Ex.P.41(b) Statement of account Ex.P.41(c) Loan proceeds Ex.P.41(d) Loan proceeds Ex.P.41(e&f) Demand drafts Ex.P.41(g) Voucher Ex.P.41(h) Statement of loan account Ex.P.41(i) Signature of witness Ex.P.42 SB A/c. opening form Ex.P.42(a) Signature of A2 Ex.P.42(b) Statement of account Ex.P.42(c) Loan proceeds Ex.P.42(d) Debit voucher Ex.P.42(e) Credit slip Ex.P.42(f) Debit slip Ex.P.42(g&h) Vouchers Ex.P.42(i) Statement of loan account Ex.P.43 SB A/c. opening form Ex.P.43(a) Signature of A2 Ex.P.43(b) Statement of account Ex.P.43(c) Credit slip Ex.P.43(d&e) Debit slips Ex.P.43(f&g) Vouchers Ex.P.43(h) Statement of account Ex.P.44 Current account of G.S.Harry and Jayanthi.S.H Ex.P.44(a) Signature of A1 Ex.P.44(b) Statement of account Ex.P.44(c) Debit slip Ex.P.45 Request letter of A3 Ex.P.45(a) Signature of A3 Ex.P.45(b) Noting along with signature of A1 Ex.P.46 SB A/c opening form of Mohan Kumar Ex.P.46(a) Signature of A2 56 - 56 Spl.C.C.53/2011 Ex.P.46(b) Statement of account Ex.P.46(c) Credit slip Ex.P.46(d) Debit slip Ex.P.46(e) Debit slip Ex.P.46(f) Debit voucher Ex.P.46(g) Credit slip Ex.P.46(h) Debit slip Ex.P.46(i) Credit voucher Ex.P.46(j) Debit voucher Ex.P.46(k) Statement of loan account Ex.P.47 SB A/c opening form of Sonu Singh Ex.P.47(a) Signature of A2 Ex.P.47(b) Statement of account Ex.P.47(c) Letter Ex.P.47(d) Credit slip Ex.P.47(e) Debit slip Ex.P.47(f) Credit slip Ex.P.47(g) Debit slip Ex.P.47(h) Credit slip Ex.P.47(i) Debit slip Ex.P.47(j&k) Demand drafts Ex.P.47(l) Debit slip Ex.P.47(m) Statement of account Ex.P.48 Joint SB A/c opening form of Veerabhadraiah and V.Prashanth.
Ex.P.48(a) Signature of A2
Ex.P.48(b) Statement of account
Ex.P.48(c) Debit slip
Ex.P.48(d) Debt slip
Ex.P.48(e) Credit slip
Ex.P.48(f&g) vouchers
Ex.P.48(h) Statement of account
Ex.P.49 SB A/c opening form of Deepakumari
Ex.P.49(a) Signature of A2
Ex.P.49(b) Statement of account
Ex.P.49(c) Credit slip
Ex.P.49(d) Debit slip
Ex.P.49(e) Debit slip
Ex.P.49(f) Voucher
Ex.P.49(g) Voucher
57 - 57 Spl.C.C.53/2011
Ex.P.49(h) Statement of account
Ex.P.49(i) Signature of witness
Ex.P.50 SB A/c opening form of Nagabhushan
and Parinitha
Ex.P.50(a) Signature of A1
Ex.P.50(b) Statement of account
Ex.P.50(c) Debit slip
Ex.P.50(d) Credit slip
Ex.P.50(e) Voucher
Ex.P.50(f) Voucher
Ex.P.50(g) Statement of loan account
Ex.P.51 SB Account opening form of
Ramaswamy
Ex.P.51(a) Signature of A2
Ex.P.51(b) Statement of account
Ex.P.51(c) Debit slip
Ex.P.51(d) Credit slip
Ex.P.51(e) Debit slip
Ex.P.51(f) Debit slip
Ex.P.51(g&h) Demand drafts
Ex.P.51(i) Statement of account
Ex.P.52 SB A/c. opening form
Ex.P.52(a) Signature of A2
Ex.P.52(b) Statement of account
Ex.P.52(c) Credit slip
Ex.P.52(d) Debit slip
Ex.P.52(e) Debit slip
Ex.P.52(f&g) Demand drafts
Ex.P.52(h) Statement of account
Ex.P.53 Statement of account
Ex.P.54 Statement of account
Ex.P.55 SB A/c opening form
Ex.P.55(a) Signature of A2
Ex.P.55(b) Statement of account
Ex.P.55(c) Debit slip
Ex.P.55(d) Debit slip
Ex.P.55(e) Debit slip
Ex.P.55(f&g) Credit vouchers Ex.P.55(h) Credit voucher Ex.P.55(i) Debit voucher 58 - 58 Spl.C.C.53/2011 Ex.P.55(j&k) Credit slips Ex.P.55(l) Statement of loan account Ex.P.56 SB A/c opening form Ex.P.56(a) Signature of A2 Ex.P.56(b) Statement of account Ex.P.56(c) Debit slip Ex.P.56(d) Debit slip Ex.P.56(e) Debit slip Ex.P.56(f) Credit slip Ex.P.56(g&h) Debit slips Ex.P.56(i) Credit slip Ex.P.56(j&k) Debit vouchers Ex.P.56(l) Credit voucher Ex.P.56(m,n,o) Pay-in-slips Ex.P.56(p) Statement of account Ex.P.57 Original cheque Ex.P.58 SB A/c opening form Ex.P.58(a) Signature of A2 Ex.P.58(b) Statement of account Ex.P.58(c) Debit slip Ex.P.58(d) Debit slip Ex.P.58(e) Debit slip Ex.P.58(f & g) Debit slips Ex.P.58(h & i) Credit slips Ex.P.58(j & k) Demand drafts Ex.P.58(l) Credit voucher Ex.P.58(m) Pay-in-slip Ex.P.58(n) Credit voucher Ex.P.58(o) Statement of loan account Ex.P.59 SB A/c opening form Ex.P.59(a) Signature of A2 Ex.P.59(b) Statement of account Ex.P.59(c) Debit slip Ex.P.59(d) Debit slip Ex.P.59(e) Debit slip Ex.P.59(f) Debit slip Ex.P.59(g) Debit slip Ex.P.59(h) Credit voucher Ex.P.59(i) Debit slip Ex.P.59(j) Credit slip 59 - 59 Spl.C.C.53/2011 Ex.P.59(k,l,m) Pay-in-slips Ex.P.59(n) Statement of account Ex.P.60 SB A/c opening form Ex.P.60(a) Signature of A2 Ex.P.60(b) Statement of account Ex.P.60(c) Debit slip Ex.P.60(d) Debit slip Ex.P.60(e) Debit slip Ex.P.60(f,g,h) Debit vouchers Ex.P.60(i) Credit slip Ex.P.60(j) Credit slip Ex.P.60(k) Debit slip Ex.P.60(l) Credit voucher Ex.P.60(m) Credit voucher Ex.P.60(n) Credit voucher Ex.P.60(o,p,q) Pay-in-slips Ex.P.60(r) Statement of account Ex.P.61 Current account opening form Ex.P.61(a) Statement of account Ex.P.61(b) Debit slip Ex.P.61(c) Debit slip Ex.P.61(d) Debit slip Ex.P.61(e) Account ledger enquiry Ex.P.61(f) Credit slip Ex.P.61(g) Pay-in-slip Ex.P.61(h) Credit slip Ex.P.61(i) Statement of account Ex.P.62 Current account opening form Ex.P.62(a) Signature of A2 Ex.P.62(b) Statement of account Ex.P.62(c) Debit slip Ex.P.62(d) Account ledger inquiry Ex.P.62(e) Account ledger inquiry Ex.P.62(f) Credit slip Ex.P.62(g) Account ledger inquiry Ex.P.62(h) Pay-in-slip Ex.P.62(i) Debit slip Ex.P.62(j) Statement of account Ex.P.63 Current account opening form Ex.P.63(a) Signature of A2 60 - 60 Spl.C.C.53/2011 Ex.P.63(b) Statement of account Ex.P.63(c) Debit slip Ex.P.63(d,e) Account ledger inquiry Ex.P.63(f,g) Account ledger enquiry Ex.P.63(h) Debit slip Ex.P.63(I,j,k) Account ledger inquiry Ex.P.63(l,m) DD challan Ex.P.63(n) Pay-in-slip Ex.P.63(o,p) Credit slip Ex.P.63(q) Statement of account Ex.P.64 Current account opening form Ex.P.64(a) Signature of A2 Ex.P.64(b) Statement of account Ex.P.64(c) Debit slip Ex.P.64(d,e) Account ledger inquiry Ex.P.64(f,g) Account ledger enquiry Ex.P.64(h,I,j) Cheques Ex.P.64(k) Account ledger inquiry Ex.P.64(l) Credit slip Ex.P.64(m,n) Account ledger inquiry Ex.P.64(o,p) DD challan Ex.P.64(q) Account ledger inquiry Ex.P.64(r,s) Credit slips Ex.P.64(t,u) pay-in-slips Ex.P.64(v) Statement of account Ex.P.65 Current account opening form Ex.P.65(a) Signature of A2 Ex.P.65(b) Statement of account Ex.P.65(c) Debit slip Ex.P.65(d,e) Account ledger inquiry Ex.P.65(f) Debit slip Ex.P.65(g) Credit slip Ex.P.65(h,i) Account ledger inquiry Ex.P.65(j) Pay-in-slip Ex.P.65(k) Credit slip Ex.P.65(l) Statement of account Ex.P.65(m) Signature of witness Ex.P.66 Current account opening form Ex.P.66(a) Signature of A1 Ex.P.66(b) Statement of account 61 - 61 Spl.C.C.53/2011 Ex.P.66(c) Debit slip Ex.P.66(d to k) Accounts ledger inquiry Ex.P.66(l,m) DD challans Ex.P.66(n,o) Account ledger inquiry Ex.P.66(p,q) Pay-in-slips Ex.P.66(r) Credit slip Ex.P.66(s) Statement of account Ex.P.67 Current account opening form Ex.P.67(a) Signature of A2 Ex.P.67(b) Statement of account Ex.P.67(c to f) Debit slips Ex.P.67(g to i) Credit vouchers Ex.P.67(j) Statement of account Ex.P.68 Current account opening form Ex.P.68(a) Signature of A1 Ex.P.68(b) Statement of account Ex.P.68(c to e) Debit slips Ex.P.68(f to h) Debit vouchers Ex.P.68(I,j) Credit slips Ex.P.68(k) Debit slip Ex.P.68(l,m,n) Credit vouchers Ex.P.68(o,p,q) Pay-in-slips Ex.P.68(r) Statement of account Ex.P.69 Current account opening form Ex.P.69(a) Signature of A2 Ex.P.69(b) Statement of account Ex.P.69(c to f) Debit slips Ex.P.69(g) Credit voucher Ex.P.69(h) Debit voucher Ex.P.69(I to k) Credit vouchers Ex.P.69(l) Statement of account Ex.P.70 Current account opening form Ex.P.70(a) Signature of A2 Ex.P.70(b) Statement of account Ex.P.70(c to g) Debit slips Ex.P.70(h,I,j) Credit vouchers Ex.P.70(k,l) Debit vouchers Ex.P.70(m) Statement on account Ex.P.71 SB A/c opening form Ex.P.71(a) Signature of A2 62 - 62 Spl.C.C.53/2011 Ex.P.71(b) Statement of account Ex.P.71(c to i) Debit slips Ex.P.71(j,k,l) Credit vouchers Ex.P.71(m,n) DD vouchers Ex.P.71(o,p,q) Credit vouchers Ex.P.71(r) Statement on account Ex.P.72 SB A/c opening form Ex.P.72(a) Signature of A2 Ex.P.72(b) Statement of account Ex.P.72(c to i) Debit slips Ex.P.72(j) Credit slip Ex.P.72(k,l) DD vouchers Ex.P.72(m to p Credit vouchers Ex.P.72(q) Statement on account Ex.P.73 SB A/c opening form Ex.P.73(a) Signature of A2 Ex.P.73(b) Statement of account Ex.P.73(c to f) Debit slips Ex.P.73(g to j) Debit vouchers Ex.P.73(k) Credit voucher Ex.P.73(l,m) DD challans Ex.P.73(n to r) Credit vouchers Ex.P.73(s) Statement of account Ex.P.74 SB A/c opening form Ex.P.74(a) Signature of A2 Ex.P.74(b) Statement of account Ex.P.74(c to f) Debit slips Ex.P.74(g to l) Credit vouchers Ex.P.74(m) Statement on account Ex.P.75 SB A/c opening form Ex.P.75(a) Signature of A2 Ex.P.75(b) Statement of account Ex.P.75(c to e) Debit vouchers Ex.P.75(f to h) Credit vouchers Ex.P.75(i) Statement on account Ex.P.76 SB A/c opening form Ex.P.76(a) Signature of A1 Ex.P.76(b) Statement of account Ex.P.76(c to e) Debit slips Ex.P.76(f,g) Credit slips 63 - 63 Spl.C.C.53/2011 Ex.P.76(h,i) DD vouchers Ex.P.76(j,k) Debit vouchers Ex.P.76(l,m) Credit vouchers Ex.P.76(m) Statement on account Ex.P.77 SB A/c opening form Ex.P.77(a) Signature of A1 Ex.P.77(b) Statement of account Ex.P.77(c) Credit slip Ex.P.77(d,e) Debit slips Ex.P.77(f) Credit voucher Ex.P.77(g) Statement on account Ex.P.78 SB A/c opening form Ex.P.78(a) Signature of A1 Ex.P.78(b) Statement of account Ex.P.78(c to e) Debit slips Ex.P.78(f) Credit voucher Ex.P.78(g) Debit voucher Ex.P.78(h) Credit voucher Ex.P.78(i) Loan account Ex.P.78(j) Statement on account Ex.P.79 File relating to a/c of Gopalakrishna Ex.P.79(a) Loan application Ex.P.79(b) Signature of A2 Ex.P.79(c) Signature of A1 Ex.P.79(d) Loan document Ex.P.79(e) Debit slip Ex.P.79(f) Handwriting of witness Ex.P.79(g) Housing loan agreement Ex.P.79(h) Handwriting of witness Ex.P.79(i) Letter written by witness Ex.P.79(j) Signature of A2 Ex.P.79(k) Compliance report Ex.P.79(l) Signature of A2 Ex.P.79(m) Signature of witness Ex.P.79(n,o) Compliance reports Ex.P.79(p) Housing loan processing slip Ex.P.79(q) Inspection property report Ex.P.79(r) Letter Ex.P.80 File relating to a/c of Karthikeyan.P Ex.P.80(a) Loan application 64 - 64 Spl.C.C.53/2011 Ex.P.80(b) Signature of A2 Ex.P.80(c) Signature of A1 Ex.P.80(d) Loan documents Ex.P.80(e) Signature of witness Ex.P.80(f) Handwriting of witness Ex.P.80(g) Housing loan agreement Ex.P.80(h) Handwriting of witness Ex.P.80(i) Letter written by witness Ex.P.80(j) Signature of A2 Ex.P.80(k) Tripartite agreement Ex.P.81 File relating to a/c of Smt.Sudha Ex.P.81(a) Loan application Ex.P.81(b) Signature of A2 Ex.P.81(c) Signature of A1 Ex.P.81(d) Loan agreement Ex.P.81(e) Signature of witness Ex.P.81(f) Handwriting of witness Ex.P.81(g) Housing loan agreement Ex.P.81(h) Handwriting of witness Ex.P.81(i) Letter written by witness Ex.P.81(j) Signature of A2 Ex.P.81(k) Copy of sale agreement Ex.P.81(l) Tripartite agreement Ex.P.82 File relating to a/c of T.M.Raju Ex.P.82(a) Loan application Ex.P.82(b) Signature of A2 Ex.P.82(c) Signature of A1 Ex.P.82(d) Loan agreement Ex.P.82(e) Signature of witness Ex.P.82(f) Handwriting of witness Ex.P.82(g) Housing loan agreement Ex.P.82(h) Handwriting of witness Ex.P.82(i) Letter written by witness Ex.P.82(j) Signature of A2 Ex.P.82(k) Signature of witness Ex.P.82(l) Photo of witness Ex.P.82(m) Copy of sale agreement Ex.P.82(n) Copy of Tripartite agreement Ex.P.83 File relating to a/c of Samuel Dinakaran 65 - 65 Spl.C.C.53/2011 Ex.P.83(a) Loan application Ex.P.83(b) Signature of A2 Ex.P.83(c) Signature of A1 Ex.P.83(d) Loan agreement Ex.P.83(e) Signature of witness Ex.P.83(f) Handwriting of witness Ex.P.83(g) Housing loan agreement Ex.P.83(h) Handwriting of witness Ex.P.83(i) Letter written by witness Ex.P.83(j) Signature of A2 Ex.P.84 File relating to a/c of B.N.Ramesh Ex.P.84(a) Loan application Ex.P.84(b) Signature of A2 Ex.P.84(c) Signature of A1 Ex.P.84(d) Loan agreement Ex.P.84(e) Signature of A1 Ex.P.84(f) Handwriting of witness Ex.P.84(g) Housing loan agreement Ex.P.84(h) Handwriting of witness Ex.P.84(i) Letter written by witness Ex.P.84(j) Signature of A2 Ex.P.85 File relating to a/c of Rajashekara Rao Ex.P.85(a) Loan application Ex.P.85(b) Signature of A2 Ex.P.85(c) Signature of A1 Ex.P.85(d) Loan agreement Ex.P.85(e) Signature of witness Ex.P.85(f) Handwriting of witness Ex.P.85(g) Housing loan agreement Ex.P.85(h) Handwriting of witness Ex.P.85(i) Letter written by witness Ex.P.85(j) Signature of A2 Ex.P.85(k) Copy of sale agreement Ex.P.85(l) Copy of Tripartite agreement Ex.P.86 File relating to a/c of Daniel Sylvester Ex.P.86(a) Loan application Ex.P.86(b) Signature of A2 Ex.P.86(c) Signature of A1 Ex.P.86(d) Loan agreement 66 - 66 Spl.C.C.53/2011 Ex.P.86(e) Signature of witness Ex.P.86(f) Handwriting of witness Ex.P.86(g) Housing loan agreement Ex.P.86(h) Handwriting of witness Ex.P.86(i) Letter written by witness Ex.P.86(j) Signature of A2 Ex.P.87 File relating to a/c of Deepakumari Ex.P.87(a) Loan application Ex.P.87(b) Signature of A2 Ex.P.87(c) Signature of A1 Ex.P.87(d) Loan agreement Ex.P.87(e) Signature of witness Ex.P.87(f) Handwriting of witness Ex.P.87(g) Housing loan agreement Ex.P.87(h) Handwriting of witness Ex.P.87(i) Letter written by witness Ex.P.87(j) Signature of A2 Ex.P.87(k) Sale Deed Ex.P.87(l) Signature of witness Ex.P.87(m) Salary certificate Ex.P.87(n) Salary certificate Ex.P.88 File relating to a/c of Sonu Singh Ex.P.88(a) Loan application Ex.P.88(b) Signature of A2 Ex.P.88(c) Signature of A1 Ex.P.88(d) Loan agreement Ex.P.88(e) Signature of witness Ex.P.88(f) Handwriting of witness Ex.P.88(g) Housing loan agreement Ex.P.88(h) Signature of witness Ex.P.88(i) Letter written by witness Ex.P.88(j) Signature of A2 Ex.P.89 File relating to a/c of Saravanan Rajkumar Ex.P.89(a) Loan application Ex.P.89(b) Signature of A2 Ex.P.89(c) Signature of A1 Ex.P.89(d) Loan agreement Ex.P.89(e) Signature of witness Ex.P.89(f) Handwriting of witness 67 - 67 Spl.C.C.53/2011 Ex.P.89(g) Housing loan agreement Ex.P.89(h) Handwriting of witness Ex.P.89(i) Letter written by witness Ex.P.89(j) Signature of A2 Ex.P.90 File relating to a/c of S.Ramachandra Ex.P.90(a) Loan application Ex.P.90(b) Signature of A2 Ex.P.90(c) Signature of A1 Ex.P.90(d) Loan agreement Ex.P.90(e) Signature of witness Ex.P.90(f) Handwriting of witness Ex.P.90(g) Housing loan agreement Ex.P.90(h) Handwriting of witness Ex.P.90(i) Letter written by witness Ex.P.90(j) Signature of A2 Ex.P.91 File relating to a/c of G.Veerabhadraiah Ex.P.91(a) Loan application Ex.P.91(b) Signature of A2 Ex.P.91(c) Signature of A1 Ex.P.91(d) Loan agreement Ex.P.91(e) Signature of witness Ex.P.91(f) Handwriting of witness Ex.P.91(g) Housing loan agreement Ex.P.91(h) Handwriting of witness Ex.P.91(i) Letter written by witness Ex.P.91(j) Signature of A2 Ex.P.92 File relating to a/c of Nagabhushana Parinitha Ex.P.92(a) Loan application Ex.P.92(b) Signature of A2 Ex.P.92(c) Signature of A1 Ex.P.92(d) Loan agreement Ex.P.92(e) Signature of witness Ex.P.92(f) Handwriting of witness Ex.P.92(g) Housing loan agreement Ex.P.92(h) Handwriting of witness Ex.P.92(i) Letter written by witness Ex.P.92(j) Signature of A2 68 - 68 Spl.C.C.53/2011 Ex.P.93 File relating to a/c of Nagabhushana parinitha Ex.P.93(a) Loan application Ex.P.93(b) Signature of A2 Ex.P.93(c) Signature of A1 Ex.P.93(d) Loan agreement Ex.P.93(e) Signature of witness Ex.P.93(f) Handwriting of witness Ex.P.93(g) Housing loan agreement Ex.P.93(h) Handwriting of witness Ex.P.93(i) Letter written by witness Ex.P.93(j) Signature of A2 Ex.P.94 File relating to Lake View Residency Ex.P.95 Current account opening form Ex.P.95(a) Signature of A3 Ex.P.95(b) Statement of account Ex.P.96 Manual of instructions Ex.P.97 Sale deed Ex.P.97(a) Signature of witness Ex.P.97(b) Signature of wife of witness Ex.P.98 Agreement to sell Ex.P.98(a) Signature of witness Ex.P.98(b) Statement of A-2 Ex.P.99 Entire file Ex.P.99(a) Joint loan application Ex.P.99(b) Signature of witness Ex.P.99(c) Signature of wife of witness Ex.P.99(d) Loan proceeds Exs.P.100 to Cheques P.107 Ex.P.108 C.C. of Sale deed Ex.P.108(a) Signature of witness Ex.P.109 File pertains to approval of the project Ex.P.110 File pertains to Srinivasa Rao Ex.P.110(a) Loan application Ex.P.110(b) Loan proceeds Ex.P111 File pertains to Tinky Susan Chacko Ex.P.111(a) Loan application Ex.P.111(b) Loan proceeds 69 - 69 Spl.C.C.53/2011 Ex.P112 to Cheques P.119 Ex.P120 Covering letter Ex.P.120(a) Signature of witness Ex.P121 to Certified copy of sale deed Ex.P142 Ex.P143 Letter dtd.30.8.2010 Ex.P.143(a) Signature of witness Ex.P144 E.C. Ex.P145 Receipt memo Ex.P.145(a) Signature of witness Ex.P146 Covering letter Ex.P.146(a) Signature of witness Ex.P147 Seizure memo Ex.P.147(a) Signature of witness Ex.P148 to Receipts Ex.P186 Ex.P187 Circular dtd.5.8.2005 Ex.P188 Circular dtd.17.4.2006 Ex.P189 File of Shanthakumar Ex.P.189(a) Application Ex.P.189(b) Signature of A-1 Ex.P.189(c) Signature of A-2 Ex.P.189(d) Letter Ex.P.189(e) Signature of A-2 Ex.P.189(f) Deposit of title deeds Ex.P.189(g) Sale deed dtd.8.2.2006 Ex.P.189(h) E.C. Ex.P190 File of Ramaswamy Ex.P.190(a) Application Ex.P.190(b) Signature of A-1 Ex.P.190(c) Signature of A-2 Ex.P.190(d) Letter Ex.P.190(e) Signature of A-2 Ex.P.190(f) Deposit of title deeds Ex.P.190(g) Sale deed Ex.P.190(h) E.C. Ex.P.191 9 Blank Cheques (Gopi Saravan Rajkumar) Ex.P.192 3 Blank Cheques (B.V.Prasanna 70 - 70 Spl.C.C.53/2011 Achar) Ex.P.193 7 Blank Cheques (B.V.Prasanna Achar) Ex.P.194 9 Blank Cheques (D.S.Harry) Ex.P.195 9 Blank Cheques (B.V.Mohankumar) Ex.P.196 9 Blank Cheques (Ramaswamy) Ex.P.197 9 Blank Cheques (Shanthakumar) Ex.P.198 9 Blank Cheques (G.Veerabhadraiah) Ex.P.199 8 Blank Cheques (G.Nagabushana) Ex.P.200 9 Blank Cheques (Nagappa S. Chakrasali) Ex.P.201 9 Blank Cheques (Sonu Singh) Ex.P.202 7 Blank Cheques (Deepakumari) Ex.P.203 Entire file Ex.P.203 (a) Letter Ex.P.203 (b) Signature of A-1 Ex.P.204 Sanction Order Ex.P.204 (a) Signature of witness Ex.P.205 Covering letter Ex.P.205 (a) Signature of witness Ex.P.206 Salary slip Ex.P.207 Salary slip Ex.P.208 Form No.16 Ex.P.209 Covering letter Ex.P.209(a) Signature of witness Ex.P.210 Salary slip Ex.P.210(a) Signature of witness Ex.P.211 Salary slip Ex.P.211(a) Signature of witness Ex.P.212 FIR Ex.P.212(a) Signature of S.P. Ex.P.213 Search list Ex.P.213(a) Signature of witness Ex.P.213(b) Signature of witness Ex.P.213(c) Signature of witness LIST OF DOCUMENTS EXHIBITED ON BEHALF OF THE ACCUSED :
Ex.D.1 Letter Dated 28.9.1999 71 - 71 Spl.C.C.53/2011 Ex.D.2 Photocopies of documents Ex.D.3 Photocopies of documents Ex.D.4 Manual of instructions of Current and S/B account Ex.D.5 Photocopy of Interim report dated 22.9.2006 Ex.D.6 Letter dtd.27.3.2015 of Canara Bank Ex.D.7 Letter dtd.17.11.2006 of Canara Bank Ex.D.8 Certified copy of Canara Bank's ledger Ex.D.9 Closure of Inspection report of Canara Bank Ex.D.10 Closure of Inspection report of Canara Bank LIST OF DOCUMENTS EXHIBITED ON BEHALF OF THE COURT :
Ex.C.1 Loan account paying slip Ex.C.1(a) Signature of witness Ex.C.2 Loan account paying slip Ex.C.2(a) Signature of witness Ex.C.3 Letter to Chief Member Ex.C.4 to Salary slips C.7 Ex.C.8 Letter Ex.C.8(a) Signature of witness LIST OF MATERIAL OBJECTS MARKED ON BEHALF OF THE COMPLAINANT :
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(K.H.MALLAPPA) XLVI Addl. City Civil and Sessions Judge and Special Judge for C.B.I. Cases, Bengaluru.