IN THE HIGH COURT OF JUDICATURE AT MADRAS
G. JAYACHANDRAN, J.
M/s. Meenakshi Textiles, Rep. by K.V. Meenatchinathan & Others - Appellant
Versus
State, rep. by the Inspector of Police, CBI/EOW/Chennai - Respondents
Criminal Appeal Nos. 234, 241, 348 & 371 of 2016
Decided On : 29-01-2018
Indian Penal Code, 1860 - Section 471, 511 r/w 420 - PC Act, 1988 - Imprisonment - Penalty - On completion of investigation, the prosecution laid final report against 17 persons, including public servants for conspiracy and other substantial offences - Trial Court, after examining 38 witnesses, 468 Exhibits on behalf of the prosecution and 6 Exhibits on behalf of the defence, held that A1, A2, A3, A4, A7 and A14 are found guilty and convicted them for various period with fine for the respective proved charges and acquitted the other accused for want of proof - Held, As far as A1 to A4, A7 and A14 are concern the evidence are overwhelming and the their respective role in the criminal conspiracy is established the prosecution has also proved the attempt to further cheat the UCO Bank a sum through a fabricated learned counsel for perpetrated to have issued by Bank of Baroda - Presentation of fake LCs into the account of A1 firm and the withdrawal of money and discounting the same clearly proves the charge of conspiracy, cheating, impersonation, fabrication of document use of fabricated document as genuine - Learned counsel appearing for the respective appellants beside submitting their arguments on merits, also submitted that whatever happened in the course of the transaction it was due to wrong guidance and misinformation - They were cheated by third parties and they had no intention of cheating the UCO bank, at any point of time - They honestly, undoubtedly believe the documents given by certain persons as genuine - This innocent belief has ended up in criminal prosecution - Therefore considering the age and other factors leniency may be show in sentence - Appeal dismissed.
1. These four Criminal Appeals 234, 241, 438 and 371 of 2016 arise out of the judgment passed in C.C. No. 32 of 2004 on the file of the Learned XI Additional Sessions Judge (Fraud relating to Banks and Financial Institutions CBI cases) Chennai and 11 on 23.03.2016.
(i). Crl.A.No:234 of 2016 is preferred by M/s. Meenakshi Textiles represented by K.V. Meenatchinathan (A1) and Thiru K.V. Meenatchinathan (A2); (ii).Crl.A.No.241 of 2016 is preferred by J.Srinivasan (A3); (iii). Crl.A.No.371 of 2016 is preferred by M.Janakarajan (A4); (iv).Crl.A.No. 248 of 2016 is preferred by M.L.N. Prasad (A14).
2. For the sake of connivance the appellants are described as per their ranking before the Trial Court.
3. Based on the complaint, by the Deputy General Manger, UCO Bank the respondent police registered FIR on 30.05.2003, against M/s. Meenakshi Textiles and its partners alleging cheating of UCO Bank to a tune of Rs. 152 lakhs by fraud, forgery, impersonation and by use of forged documents as genuine. On completion of investigation, the prosecution laid final report against 17 persons, including public servants for conspiracy and other substantial offences under IPC and PC Act, 1988.
4. The Trial Court, after examining 38 witnesses, 468 Exhibits on behalf of the prosecution and 6 Exhibits on behalf of the defence, held that A1, A2, A3, A4, A7 and A14 are found guilty and convicted them for various period with fine for the respective proved charges and acquitted the other accused for want of proof. As far as, A6 and A11 are concerned, the charges against them got abated due to their death, pending trial. The conviction and sentence imposed by the trial Court against the accused are as under:-
Rank of the Accused
Conviction under Section
Sentence imposed by the Trial Court
A1
(1) Under Section 420 (3 counts) IPC.
(2) Under Section 471 IPC (2 counts)
(3) Under Section 511 r/w 420 IPC
(1) To pay a fine of Rs.6 lakhs for each counts(Rs.6 lakhs x 3=Rs.18 lakhs)
(2) To pay a fine of Rs.6 lakhs for each count (Rs. 6 lakhs x 2=12 lakhs)
(3) To Pay a fine of Rs.5 lakhs (Total Rs.35 lakhs)
A2
(1) Under Section 120-B r/w 419, 420, 467, 468, 471 IPC, 511 IPC r/w 420 IPC;
(2) Under Section 420(3 counts) IPC
(3) Under Section 471 Ipc (3 counts)
(4) Under Section 511 r/w 420 IPC
(1) To undergo RI for 4 years and to pay a fine of Rs.10 lakhs in default to undergo SI one year
(2) To undergo RI for 5 years each count and to pay a fine of Rs.6 lakhs in each count (Rs.6lakhs x 3=18 lakhs) i/d to undergo Si for 6 months
(3) To undergo RI for 5 years in each count and to pay a fine of Rs.6 lakhs in each count (Rs.6 lakhs x 3 =Rs.18 lakhs), i/d to undergo SI for 6 months.
(4) To undergo 3 years RI and to pay a fine of Rs.5 lakhs i/d to undergo 6 months SI
A3
(1) under Sections 120B r/w 419, 420, 467, 468, 471 IPC, 511 IPC r/w 420 IPC
(2) Under Section 419 IPC
(3) Under Section 420(3 counts) IPC
(4) Under Section 471(5 counts) IPC
(5) Under Section 511 r/w 420 IPC
(1) to undergo 3 years RI and to pay a fine of Rs.5 lakhs i/d to undergo 6 months SI
(2) To undergo 2 years RI, and to pay a fine of Rs.3 lakhs in default to undergo 6 months SI
(3) To undergo 4 years RI each count and to pay a fine of Rs.3 lakhs in each count (total Rs.3 lakhs x 3=Rs.9 lakhs), i/d to undergo 6 months each SI
(4) To undergo 4 years RI each count and to pay a fine of Rs.3 lakhs each(Total Rs.3 lakhs x 5=Rs.15 lakhs) i/d to undergo 6 months SI each count.
(5) To undergo 3 years RI and to pay a fine of Rs.2 lakhs i/d to undergo 6 months SI
(Rs.34 lakhs in total)
A4
(1) Under Section 120 B r/w 419, 420, 467, 468, 471 of IPC, 511 IPC r/w 420 IPC
(2) unde
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