R.MALA
State rep. by Inspector of Police CBI/SCB – Appellant
Versus
M. R. Natarajan – Respondent
1. Challenging the judgment of acquittal dated 03.01.2003 made in C.C.No.6 of 1997 by the learned Principal Special Judge for C.B.I. Cases, Chennai., the State has preferred this appeal.
2. The case of the prosecution is as follows:
(i) P.W.32-Shivaji, Inspector of Police, C.B.I., E.O.W., Chennai has laid a final report against A1 and A2/respondents herein for the alleged offences punishable under Sections 120B read with 420, 467, 468, 471 and 477A IPC and Section 5 (2) read with 5 (1)(d) of P.C. Act, 1947.
(ii) A1 was functioning as a Dealer and A2 was an Officer in Foreign Exchange Department, Bank of India, Main Branch at Chennai. During the period between 1980 and 1981, first accused as a Dealer and second accused as an officer, purchased and sold foreign currency. The case of the prosecution is that during that period, no interbank foreign transaction between Lakshmi Vilas Bank and Bank of America and that A1 and A2 have fabricated the documents and caused loss to the tune of Rs.6,22,282.48 to the Bank. Therefore, P.W.1 has accorded sanction for prosecuting A1 and A2/respondents herein and gave Ex.P1-sanction order.
(iii) P.W.2-Jagannathan, P.W.3-Gopalakrishnan an
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