The main legal point established in the judgment is the confirmation of the conviction of the accused based on evidence of forgery, impersonation, and misuse of loan funds.

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.64 of 2004.

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

J.S. Prabhu [A1] while functioning as Branch Manager, in charge of Corporation Bank, Tambaram Branch, Sanatorium during the year 1999-2000, had conspired with Palanivel [A2], Gunasekaran [A3], Thriumurthy [A4]. T.N. Ravi [A5] and D.Rajendran (died on 08.01.2006) pending trial to do illegal act of fabricating the records used it as genuine document and extent the loan in the name of M/s Super Cool AC Industries represented by its Proprietor Thirumurthy[A4] and thereby cheated the bank to the tune of Rs.3lakhs. In pursuant to the said conspiracy, the documents, such as title deed, chitta, patta, encumbrance certificate and valuation certificate were fabricated. A6[D.Rajedran] by impersonating himself as K.P. Rajendran, had signed as guarantor for the loan extended to non-existing firm M/s Super Cool AC Industries at No.3, TNHB Plot, Tambaram-Sanatorium and he had connivance with A2[Palanivel] produced valuation certificate for the property at S.No.251/2 at Uthukottai, which consists of 1400 sq.ft. A5[T.N. Ravi-Valuer] who is the appellant in Cr.A.No.269 of 2009 died on 08.01.2006. Hence, charges against him got abated.

3. Based on the complaint given by the Assistant Regional Manager, Shri.Sudhakar N.Bhat, CBI has taken up the investigation and has filed final report, which has been taken cognizance of offence by the trial Court under C.C.Nos.61 to 66 of 2009. Each case involves different loan transaction in the name of non-existing person or firm. The present appeals arise out of C.C.No.64 of 2004 with regard to CORP VYAPAR loan extended to M/s Super Cool AC Industries represented by its Proprietor Thirumurthy[A4].

4. The Specific charge against A1[J.S.Prabhu] is that he along with other accused has extended loan to M/s Super Cool AC Industries at No.3, TNHB Plot, Tambaram-Sanatorium, Chennai-45, which is a non-existing firm and the documents furnished along with the loan application are fabricated by A2[V.Palanivel] and A3[D.Gunasekaran]. The rubber seal found in the patta, encumbrance certificate, house tax receipt, adangal are fake and the rubber seals were procured by A3[D.Gunasekaran]through rubber stamp maker Mr.G.Panchacharam, who was examined as PW-15. A1[J.S.Prabhu] as Branch Manager ought to have conducted pre-sanction inspection and post-sanction inspection of the borrower premises as well as property shown as collateral security. But, he has failed to do so in order to extend the loan to the fictitious firm, which is not in existence at No.3, TNHB Plot, Tambaram-Sanaorium. The property shown as collateral security does not have a building upon it. However, A1[J.S. Prabhu] has accepted the house tax receipt, encumbrance certificate, patta and adangal as if the property stands in the name of K.P. Rajendran and the value of the property is to be accepted as collateral security. The deceased 6th accused [D.Rajendran] has impersonated himself as guarantor K.P. Rajendran and the same was not verified by A1[J.S.Prabhu] and he had not created equitable mortgage immediately at the time of disbursement of loan. Further, A1 [J.S. Prabhu] has procured A2[Palanivel] to withdraw the entire loan amount sanctioned and credited into the account of M/s Super Cool AC Industries.

5. As far as A2[Palanivel] is concerned, he has arranged fake documents, fake guarantor and opened an account in the name of M/s Super Cool AC Industries by inducing one Mr. E.Chandra Mohan, for introducing the account. K.P. Rajendran[A6], who is the actual owner of the property bearing S.No.251/2 has been induced to part away the document by A3[Gunasekaran] and one Mr.Giri [deceased] on the promise that they will arrange