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(Emphasis added) It was also pointed out how Accused No.3 had received financial benefit out of the said transactions.
FIRST INFORMATION REPORT Relying on, or on the basis of, the Jankiraman Committee Report, a First Information Report was lodged by PW-25 Sitaram Premaram Paladia on or about 02/06/1993 (Exhibit 333), initially against the accused Nos. 1, 2 and 3.
No further preliminary inquiry was conducted before lodging the said First Information Report. Ten instances of grant of credit to Accused No. 3 were detailed therein, in respect of the cheques received or those yet to be received from four banks, namely Bank of Karad, ANZ Grindlays Bank, Canara Bank and Standard Chartered Bank (hereinafter referred to as "the drawer banks"), without presenting or sending them for clearance.
Mr. Raje (PW-3), who was heading the Securities Department in the Bank of Karad, categorically stated that the cheque was issued on 20.05.1991, under his signature. The credit voucher of Bank of Karad is also dated 20.05.1991. Sampada Ambre (PW-2) in his evidence stated that the entry with regard to the said cheque was made in the DD Sold Register only on 20.05.1991. Sarmalkar (PW-5), who was also an officer of Bank of Karad, and who had made an entry as regards the said cheque in the account of Mr. A.D. Narottam (Exhibit 73(1)) made a similar statement that his account had been debited for Rs. 2 crores on that date.
EIGHTH TRANSACTION The Eighth transaction pertains to Cheque No. 193889 dated 04-12- 1991 for Rs. 7 Crore issued by Bank of Karad, Fort Branch, Bombay. [Ext.32] PW2, Ms. Sampada Ambre, who was working in Bank of Karad during the time of the transaction, in her evidence, affirms that she had prepared the said Cheque and that was signed by PW-5, Mr. Sarmalkar.
It is being claimed on behalf of the Petitioners that the said Cheque was received by Andhra Bank on 04-12-1991.
Curiously, both the entries only mention of a Cheque received from Bank of Karad, without any reference to its number or date. She also deposed that the vouchers were scrolled at Scrl. No. 12 on Pg. No.90 of the Transfer Scroll Register [Ext 88(1) and (2)] and authorized by Accused No.1.
As per Katta Hari Babu [PW-17], on the basis of the same credit voucher, he credited to the account of Accused No.3, an amount of Rs.7 crores. The same is corroborated by his Statement of Account of the same date. [Ext. 195 (11)] However, according to Mr. Sunil Pore, PW-13, in the Bank Statement dated 04-12-1991, no entry of the said Cheque may be found. Similarly, a perusal of the Cheque Clearance Register of Andhra Bank Dt. 04-12-1991 also reveals that there is no mention of the Cheque issued by Bank of Karad in it.