1. These two Criminal Appeals are directed as against the judgment of II Additional District and Sessions Judge (for CBI cases), Coimbatore, rendered in Calendar C.C. No. 2 of 2001 dated 11.05.2006.

2. Brief facts leading to the appeal:

Based on the reliable information C.B.I. had registered the First Information report in CC-RC-MA-1-1999-A-0041 dated 30.09.1999 that K.V. Suresh, Branch Manager of Vijaya Bank, Coonoor Branch, Niligiri District, had entered into criminal conspiracy with two private parties M/s. Ranjith Kothari, Proprietor of M/s. Ranjith Commercial Corporation Enterprises, Coonnor and N. Robin, Proprietor of M/s. Famil Enterprises, Conoor during the year 1998-1999. In pursuant to the said criminal conspiracy K.V. Suresh (A1) by abusing his official position as public servant as accepted and discounted the cheques/bills presented by the family members/business partners in the account of M/s. Ranjith Commercial Company to an extent of Rs. 49,98,312/- far and in excess of sanction limit of Rs. 25 lakhs. Similarly in respect of account of N. Robin (A2) group of companies K.V. Suresh (A1) has discounted the cheques to an extend of Rs. 31,33,116/- in violation of power conferred on him.

3. While banking guidelines prohibits acceptance of dishonoured cheques except for collection (K.V. Suresh) A1 in order to help the co-conspirators namely Ranjith Kothari and N. Robin went on purchasing cheques and discounting them even after he was aware of the fact that cheques/bills purchased by him earlier were returned unpaid.

4. After completion of the investigation it was found that documentary bills were purchased by A1 (K.V. Suresh) violating the banking norms to favour A2 (Ranjith Kothari). Several clear bill purchase done by A1 in case of Ranjith Kothari were dubious and deceitful. Hence separate charges were filed for each kind of distinct transactions revealing, conspiracy, cheating, fraud and fabrication of records by abusing the official position. Insofar as present case in appeal is concerned the final report filed by the investigating agency in respect of two documentary bill purchases. The report taken on file by the Trial Court and assigned calendar case no. 2/2001.

5. The sum and substance of the charge framed in C.C. No. 2/2001 against the accused K.V. Suresh (A1) and Ranjith Kothari (A2) who are the appellants in Crl. A. No. 486 of 2006 and Crl. A. No. 460 of 2006 respectively are, two forged and fabricated lorry receipts fraudulently and dishonestly prepared and presented by A2 for Rs. 2,49,606/- drawn on M/s. Ambiga Traders care of Parbath Kothari, A.T. Road, Calcutta and bill dated 23.09.1998 for Rs. 2,48,708/- drawn on R.K. Traders Company Prathap Kumar Jain, No. 138, Canning Street, Calcutta were dishonestly purchased/discounted by A1. These two bills as documentary bill purchase Bearing Nos. 378/98 and 380/98 both dated 24.09.1998 were known to be accommodative in nature. The address of the drawee is not clear and shown as care of address. The proceeds of those bills were credited into the account of A2 even without collecting the bank charges. Immediately after credit of the proceeds of these two documentary bills into the account of A2, the amount has been withdrawn. These bills were purchased by A1 knowing full well that earlier bill of this account holder purchased by him returned dishonoured and the defaulter drawer M/s. Ambiga Traders, Calcutta was not a trader of repute. Thus, by discounting these two accommodative bills a sum of Rs. 4,98,312/- was cheated putting Vijaya Bank, Coonoor Branch into wrongful loss.

6. Before the Trial Court, the prosecution had examined 13 witnesses both the accused have mounted the witness box and deposed in their defence. 54 documents were marked as prosecution Exhibits and one document as defence Exhibit. After considering the evidentiary value of the Exhibits and ocular evidence placed before it, the trial Court held both the accused guilty of the charges framed