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2018 Supreme(Mad) 168
IN THE HIGH COURT OF JUDICATURE AT MADRAS
G. JAYACHANDRAN, J.
Rathnavel & Others - Appellant
Versus
State by Inspector of Police, SPE, CBI, ACB, Chennai & Another - Respondents
Criminal Appeal Nos. 259, 264, 282, 288, 303 of 2009
Decided On : 23-01-2018
For the Appellants : V. Ramana Reddy, N.R. Anantha Ramakrishnan, A.V. Somasundaram for M/s. Lakshmi Priya Associates
For the Respondents: K. Srinivasan
The main legal point established in the judgment is the use of forged documents and fabricated signatures to secure a housing loan, leading to convictions under relevant sections of the IPC and the Prevention of Corruption Act, 1988.
Headnote:
Forgery - Housing Loan Fraud - IPC 420, 467, 471, 419, 13(2) r/w 13(1)(d) of PC Act, 1988 - [SUMMARY]
Fact of the Case:
The appellants were convicted for their involvement in a housing loan fraud scheme, where forged documents were used to secure a loan. The trial court found the accused guilty based on evidence presented by the prosecution.
Finding of the Court:
The court found the accused guilty of forgery and conspiracy to cheat the bank based on the evidence presented by the prosecution, including forged documents and fabricated signatures.
Issues: The main issue was whether the accused were involved in a conspiracy to secure a housing loan using forged documents and fabricated signatures.
Ratio Decidendi: The court relied on the evidence presented by the prosecution, including expert opinions and witness testimonies, to establish the guilt of the accused in the housing loan fraud scheme.
Final Decision: The court upheld the trial court's decision and modified the sentences for the accused based on the evidence presented and the nature of the offenses.
1. These appeals are arising out of the conviction against the appellants passed by the learned XI Additional Judge for CBI Cases, Chennai dated 19.05.2009 in C.C.No.62 of 2004.
2. Gist of the prosecution case:-
Mr. J.S. Prabhu (A1) while working as Branch Manager in-charge of Tambaram Sanatorium Branch of Corporation Bank, he conspired with Palanivel (A2), Gunasekaran (A3), Rathnavel (A4), V.Thangaraj (deceased) (A5) and N. Balasundaram (A6) and pursuant to the conspiracy to cheat, sanctioned loan under Corp. Home Loan Scheme to Rathnavel (A4) a sum of Rs.3,00,000/- for construction of house at Plot No.8, First Street, Ambal Nagar, Chitlapakkam Village, Kancheepuram District by falsely representing that Rathnavel (A4) is the owner of the above said plot and furtherance of the said conspiracy, V.Thangaraj (A5) forged and fabricated the receipt of Chitlapakkam Panchayat for Rs.2,700/- for the building and labour welfare fund, which has been enclosed along with the loan application made in the name of Rathnavel (A4). The signature of the Executive Officer, Chitlapakkam Panchayat has been forged by Thangaraj (A5). The encumbrance Certificate for 15 years for the land in S.No.268/1 is fabricated as if it has been issued by the Sub-Registrar of Tambaram. The plan permit dated 05.11.1999 and the planning permission dated 05.11.1999 of Chitlapakkam Panchayat Officer has been forged with the help of Gunaseakaran (A3) and N.Balasundaram (A6), and produced by Rathnavel (A4) to J.S. Prabhu (A1) along with the loan application. Knowing fully well that these documents are forged and fabricated, J.S. Prabhu (A1) sanctioned the loan and deposited the amount into the account opened in the name of Rathnavel (A4). Rathnavel (A4) in his loan application originally mentioned his father name as Arumugam and later, submitted a letter to J.S. Prabhu (A1) changing his father's name as Surya Reddy. The account-holder A.Rathnavel (A4) was introduced by C.Ethirajan at the request of A2 [Palanivel]. Thereafter, A2 [Palanivel] fraudulently and dishonestly impersonated M.Sivaguru, S/o Munusamy a non-existing person and signed as M.Sivaguru/guarantor in the loan document of the Rathnavel (A4) and used the same as genuine. The receipt in the name of Chitlapakkam panchayat for a sum of Rs.2,700/- for the building and labour welfare fund is a fabricated document and the signature found in it was made by A2 [Palanivel].
3. After the loan amount being credited into the account of Rathnavel (A4) bearing SB A/c No.6532, A2 [Palanivel] took the signature of Rathnavel [A4] in the blank cheque leaves and withdrew a sum of Rs.2,90,000/- through four cheque leaves drawn in favour of P.Rajagopal, Kanniappan, S.Ramasamy and Rammoorthy. Thus, A1 [J.S. Prabhu] being the Branch Manager of the Bank sanctioned the loan to A4 [Rathnavel] based on forged documents arranged by A2[Palanivel] through A3 [Gunasekaran], A5[Thangaraj] and A6[Balasundaram].
4. Pursuant to the complaint dated 19.07.2002 given by Shri.Sudhakar N.Bhat, Assistant General Manager, Corporation Bank, Zonal Office, Chennai, a case has been registered by CBI, investigated and found that the housing loan in the name of A4[Rathnavel] was sanctioned for constructing the house in a land which does not belong to Rathnavel [A4] and the tax receipts, plan permit, planning permission and encumbrance certificate all are fabricated and forged documents. The guarantor's name has been impersonated by A2 [Palanivel]. The loan amount of Rs.3,00,000/-, after being deposited in the account of A4[Rathnavel], has been withdrawn by A2[Palanivel]. But, the money was not used for any construction purpose. The trial Court had framed 10 charges and found the accused guilty, after examining and appreciating 26 witnesses for the prosecution, 3 witness for the defence and 47 exhibits on the side of the prosecution.
5. A1 [J.
