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2018 Supreme(Mad) 165

IN THE HIGH COURT OF JUDICATURE AT MADRAS
G. JAYACHANDRAN, J.
U. Imaya Varamban & Others - Appellant
Versus
State by Inspector of Police, SPE, CBI, ACB, Chennai - Respondents
Criminal Appeal Nos. 257, 273, 286 & 298 of 2009
Decided On : 23-01-2018

Advocates Appeared:
For the Appellants : P. Raja, V. Ramana Reddy, N.R. Anantha Ramakrishnan, A.V. Somasundaram for M/s. Lakshmi Priya Associates
For the Respondent: K. Srinivasan

Headnote:

CONVICTION - Banking Fraud - Sections 120-B r/w 420, 467, 467 r/w 471, 467, 467 r/w 471 IPC, 419 IPC, 467, 467 r/w 471 IPC and 13(2) r/w 13(1)(d) of PC Act, 1988 - The judgment discusses the conspiracy, cheating, forgery, impersonation, and fabrication of documents by the accused in a banking fraud case. The court analyzed the evidence related to the non-existing firm, fabricated revenue documents, and misuse of loan funds, leading to the conviction of the accused.

Fact of the Case:

The appellants were convicted for conspiracy, cheating, forgery, impersonation, and fabricating documents in a banking fraud case involving the sanctioning of a loan to a non-existing firm and misappropriation of funds.

Finding of the Court:

The court found the accused guilty based on evidence of conspiracy, fabrication of documents, and misuse of loan funds, leading to their conviction under various sections of the Indian Penal Code and the Prevention of Corruption Act, 1988.

Issues: The issues revolved around the fraudulent sanctioning of a loan, fabrication of documents, and misappropriation of funds, leading to charges of conspiracy, cheating, and forgery against the accused.

Ratio Decidendi: The court relied on evidence related to the non-existing firm, fabricated revenue documents, and misuse of loan funds to establish the guilt of the accused, leading to their conviction under relevant sections of the law.

Final Decision: The judgment of conviction against the appellants was confirmed, and the sentences were modified, with the period of imprisonment ordered to run concurrently. The appeals were disposed of with the modified sentences.

JUDGMENT :

1. These appeals are arising out of the conviction against the appellants passed by the learned XI Additional Judge, CBI Cases, Chennai dated 19.05.2009 in C.C.No.65 of 2004.

2. Brief facts leading to these appeals are as follows:

A1 [J.S.Prabhu] Manager of Corporation Bank, Tambaram-Sanatorium Branch during the year 1999-2000 had conspired with other accused and sanctioned CORP VYAPAR Loan to Imyaya Varamban[A4], Proprietor of M/s Everest Garments a sum of Rs.2.5 lakhs, knowing fully well that it is a non-existing firm and based on fake and fabricated documents produced by Imyaya Varamban[A4] in connivance with the other accused. The said M/s Everest Garments, No.33, 1st Floor, 5th Street, Ranganathapuram, West Tambaram, Chennai-45 is a non-existing firm and there is no such firm in the said address. However, by furnishing false information in the loan application and annexing fabricated revenue documents and title deeds, a sum of Rs.2.5 lakhs had been sanctioned and credited into the current account of M/s Everest Garments. The said account had been opened with introduction of one Saravanan at the request of the A2 [Palanivel]. For the said loan, the document of property in S.No.165/3 of Mangavaram village has been given as collateral security. This property of 19 cents as if owned by Ponnappa Reddy, the title document was misappropriated from him by Gunaseakran[A3] with false promise to arrange loan. The chitta, adangal and encumbrance certified for this property produced by Imyaya Varamban[A4] were not genuine but forged documents.

3. A5 [T.N.Ravi] Valuer (died pending Crl.A.No.270 of 2009) had given false valuation certificate for the property shown as collateral security. Though there is no building in the said property, A5[T.N.Ravi] had given valuation certificate as if there is a building in the said land and worth of the land and building is Rs.3,80,000/-After sanctioning the loan based on the forged and fabricated documents to the non-existing firm, the loan amount had been credited into the account of M/s Everest Garments. After crediting the amount into M/s Everest Garments, the money has been withdrawn by A2[Palanivel] through cheques signed by Imyaya Varamban[A4]:

Cheque No.

Date

Amount

Payee

547503

31.03.2000

72,500/-

Ramesh hand loom-(Lakshmi Vilas bank)

547504

04.04.2000

75,000/-

R.Sankar

547505

05.04.2000

1,00,000/-

Ramesh hand loom-(Lakshmi Vilas bank)

 

 

2,47,500/-

 

4. The account in Lakshmi Vilas Bank Ltd. in the name of Ramesh HandLoom & Textiles had been opened by A2[Palanivel] showing his brother V.Sekar as Proprietor and money deposited in that account were withdrawn by A2[Palanivel]. The bearer cheque in the name of R.Sankar for Rs.75,000/- had been withdrawn by A2[Palanivel] himself by impersonating as R.Sankar.

5. PW-18[Mr.Sudhakar K.Bhat], Assistant Regional Manager of Corporation Bank who come to know about the irregularity in sanctioning loan by A1[J.S.Prabhu], Manager of Tambaram-Sanatorium Branch had lodged the complaint to the CBI. Based on which, First Information Report [Ex.P58] had been registered and investigated. The trial Court had framed charges against the accused persons for conspiracy, cheating, forgery, impersonation, fabricating documents, breach of trust and for using fabricated documents as genuine to cheat the bank. The specific charges were framed against each of the accused for their respective overtact in the crime. The trial Court framed 11 charges and the accused on completion of the trial found them guilty and convicted them for the charges as under:-

Rank of the accused

Conviction under Section

Sentence imposed by the trial Court

A1 to A5

Under Sections 120-B r/w 420, 467, 467 r/w 471, 467, 467 r/w 471 IPC, 419 IPC, 467, 467 r/w 471 IPC and 13(2) r/w 13(1)(d) of PC Act, 1988

Each of them



















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