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2017 Supreme(Mad) 4136
IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.Jayachandran, J.
C.Shanmugam - Appellant
Vs.
The Inspector of Police, SPE, CBI:ACB, Chennai - Respondent
Criminal Appeal No.13 of 2009
Decided On : 20-10-2017
For the Appellant : Mr. K.Gajendiran
For the Respondent: Mr. K.Srinivasan, Spl.PP for CBI
Headnote:
Indian Penal Code,1860 - Sections 120B, 420, 467 r/w 471 - Prevention of Corruption Act, 1988 - Section 13(2) r/w 13(1)(d) – Criminal conspiracy – Cheating and inducing delivery of property - Charged – Appeal against conviction - One a NRI, residing, had opened a NRI Account No. in Indian Overseas Bank, branch with an initial deposit - Request to open account has been routed through branch and relevant documents are exhibited as prosecution Exs.P4 to P9 - Account ledger with folio No.32 for new NRI Account No. opened in name of is marked as Ex.P10 was issued cheque book containing leaves No. to operate account - While so, when came to know that his cheque for drawn in favour of National Polypack Company was not honoured by Indian Overseas Bank, Branch, he has given a complaint on marked as Ex.P49 to look into the matter and find out how money has been debited in his account without he withdrawing it - This has prompted bank higher officials at Zonal level to appoint, Deputy Chief Officer attached to Vigilance Department of Indian Overseas Bank Zonal Office at Trichy to investigate matter – Held, accused has taken advantage of his proximity and has stealthily removed cheque book from bank and has forged cheques to make pecuniary advantage through his accomplice turned approver - Prosecution through witnesses and documents has proved that accused/appellant has manipulated account and has withdrawn money through his accomplice by using those forged cheques - There is adequate evidence to indicate that these three cheques were stolen from bank and not issued to the account holder -Signatures found in those three cheques marked as Ex P-16, 17 and 19 are not that of account holder but a forged signature - Money has been withdrawn through these three cheques and approver examined as PW-12 has admitted that he in connivance and as per the instruction of accused went to bank and presented cheques impersonating and collected the money and gave it to the accused - Accused in turn gave his few thousands on each occasion - Court holds that accused being a public servant has abused his official position and had conspired with approver PW-12 to cheat bank and pursuance to conspiracy, he has forged valuable security viz cheques and used it as genuine to make unlawful gain and therefore liable to be punished for charges - In result, appeal is partly allowed.
This Criminal Appeal is directed against the judgment of XI Additional Judge for CBI Cases, Chennai in C.C.No.31 of 2004 dated 29.12.2008 for the offences under Sections 120B, 420, 467, 467 r/w 471 of the Indian Penal Code and Section 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988.
2. The case of the prosecution, as told by the witnesses for prosecution and unfold through documents is that, One Mr.Abdullah, a NRI, residing at Singapore, had opened a NRI Account No.14116 in Indian Overseas Bank, Sirkali branch on 07.10.1992 with an initial deposit of Rs.50,000/-. The request to open the account has been routed through the Singapore branch and the relevant documents are exhibited as prosecution Exs.P4 to P9. The account ledger with folio No.32 for the new NRI Account No.14116 opened on 07.10.1992 in the name of Abdullah is marked as Ex.P10. Abdullah was issued cheque book containing leaves No.426531 to 426540 to operate the account. The cheque book issue register is marked as Ex.P11 and the relevant entry for issuance of the above cheque book is separately marked as Ex.P13. The said Abdullah had deposited a sum of Rs.1,250/- on 23.03.1993 and a sum of Rs.60,000/- on 26.05.1994. While so, when Abdullah came to know that his cheque for Rs.1,00,000/- drawn in favour of National Polypack Company was not honoured by the Indian Overseas Bank, Srikali Branch, he has given a complaint on 12.06.1994 marked as Ex.P49 to look into the matter and find out how the money has been debited in his account without he withdrawing it. This has prompted the bank higher officials at Zonal level to appoint Mr.T.Ramanathan, Deputy Chief Officer attached to Vigilance Department of Indian Overseas Bank Zonal Office at Trichy to investigate the matter. T.Ramanathan examined as PW-15 has submitted his report to the Zonal Office wherein, he has stated that C.Shanmugam (Accused/appellant) has stealthily stolen two cheque book from Srikali Branch and forged the signature of Abdullah, NRI Account holder No.NRE S B 14116 and withdrew a total sum of Rs.68,200/- between 24.08.1993 to 10.06.1994 on 9 occasions. In the said process, he has connived with four other persons namely, G.Rajarajaseelan, S.Kalimurthy, M.Palanivelu and Mr.Ravi.
3. The matter has been taken note by the CBI and the First Information Report has been registered on 28.10.1994 quoting reliable information received by the office of SP, CBI, ACB, Chennai. The First Information Report marked as Ex.P51 runs as below:
A1 Shri.C.Shanmugam was working as a Daftry in Indian Overseas Bank, Sirkali Branch. An NRE account No.14116 was opened on 07.10.92 in the aboveaid branch in the name of one Shri.A.Abdulla, resident of New Street, Kadavasal, Sirkali, who is an NRI at Singapore with an opening balance of Rs.50,000/-. A cheque book bearing Sl.Nos.426531 to 426540 was issued to the account holder. The acount holder Shri.A.Abdullah never used the above cheques. There was a withdrawal of Rs.1250/- in the account by the account holder on 27.03.93 but for this there was no other withdrawals. The account holder remitted another Rs.60,000/- into this account by means of mail order from Singapore on 15.05.94 through IOB, Singapore Branch.
In the instant case A1 Shri.C.Shanmugam while working as Daftry in as much as a public servant at IOB, Sirkali Branch along with A2 Shri.Raja Rajaseelan @ Karathe Master @ Seeman of Mayuram and A3 Shri.S.Kaliamurthy of Sirkali,both private individuals entered into a criminal conspiracy to do illegal acts during the period of August, 93 and June, 94 to cheat the said bank and in furtherance of the said criminal conspiracy, A1 Shri.C.Shanmugam, Daftry has stealthily removed two cheque boks bearing Sl.Nos.356301 -356310 and 0481701 to 0481725 from the branch and made entries in the cheque Book Issue Register as if they were issued to the account holder Shri.Abdulllah. The signature of the account holder was forged by the accused persons and the stolen cheques we
