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1964 Supreme(Ker) 155

ANNA CHANDY
ABRAHAM VARGHESE – Appellant
Versus
STATE OF KERALA – Respondent


Judgment :-

1. The appellant was convicted by the learned Sessions Judge of Quilon under S.409, 465, 467, 471 and 477-A, IPC. for having misappropriated funds from the Adoor Bank Ltd., while he was the agent of the Bank at Pathanamthitta and was sentenced to a concurrent term of five years' rigorous imprisonment.

2. The prosecution case is as follows:- One Annamma Koshy, pw.1 deposited Rs. 8,000/- with the Pathanamthitta Branch of the Adoor Bank Ltd., as fixed deposit in 1951. Sometime in January 1959 the accused who was then the Agent at the Branch forged certain documents to make out that pw.1 had applied for and was granted a loan of Rs. 6,000/- on the security of her fixed deposit of Rs. 8,000/- and appropriated this amount for his own use. On 17 81959 the Adoor Bank Ltd., was amalgamated with the Bank of New India Ltd. As the accused who continued to be the agent under the new set-up, failed in spite of repeated demands, to send a statement regarding the gold loan account of the branch, pw. 3 the then General Manager of the Bank of New India sent two officers of the Bank to look into the accounts of the Pathanamthitta Branch. This resulted in the sending of Ext. P-15 statement
















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