JUDGMENT :

(Prayer: Petition filed under Sections 397 and 401 of the Criminal Procedure Code, praying to set aside the judgment dated 15.10.2014 passed in C.A.No.34 of 2014 on the file of the 3rd Additional District and Sessions Judge, Salem by modifying the judgment dated 07.02.2014 passed in C.C.No.331 of 2003 on the file of the Judicial Magistrate No.3, Salem.)

1. The convicted accused 2&3 are the revision petitioners herein.

2. This Criminal Revision has been filed against the judgment dated 15.10.2014 passed in C.A.No.34 of 2014 on the file of the 3rd Additional District and Sessions Judge, Salem by modifying the judgment dated 07.02.2014 passed in C.C.No.331 of 2003 on the file of the Judicial Magistrate No.3, Salem.

3. The respondent police filed a charge sheet against 3 persons A1 Padmanathan A2 and A3 alleging that A1 is the Branch Manager of the Bank at the relevant point of time and A2 and A3 who has availed jewel loan in conveyance with A1 who is the jewel appraiser of the bank have pledged spurious jewels as if it is a gold and availed loan.

4. The complainant is the Nationalized Bank having the branch at chevvaipettai, Salem and the first accused was engaged as a jewel appraiser for the appraiser of jewel loans pledged with the complainant bank. With the instructions of the Controlling Authorities they formed Committee consisting of the Branch Manager, Assistant Manager, Senior Manager (legal) and one of the customer of the bank and Advocate and Notary Public Mr.S.Prasad and Arunkumar Penal Advocate and one P.Arthanari, Bank Panel jewel appraiser to verify the genuineness of the staff of the jewels pledged with the bank till date of the circular/notification of Bank of India that are appraised and certified as a gold jewels by the first accused.

5. One such incident has been surfaced from the Bank of India cautioning about the act of fraud namely Wrong Valuation Certificate issued by the jewel appraiser Padmanabhan the first accused herein, based upon the such circular from the another nationalized bank said to have been raised, since the said jewel appraiser Padmanabhan happened to be jewel appraiser of the complainant to the bank also.

6. The verification report submitted by Mr.P.Arthanari - jewel appraiser cum Committee member reveal and certified that the pledged jewels pertaining to the following jewel loan accounts were found to be spurious, fake and “possess no gold value.

7. The aforesaid 2nd and 3rd accused were introduced to the complainant by the 1st accused. Apart from the acts aforesaid it is evident that the 1st accused joined hands in conspiracy with 2nd and 3rd accused with dishonest and fraudulant intention had cheated the complainant bank and had caused a wrongful loss to the complainant and thereby made a unlawful gains for themselves.

8. The acts of the 1st and 3rd accused clearly depict the commission of offences punishable under Section 120-(b), 403, 406, 420, 423 of I.P.C.

9. P.W.1 is the Manager of the Bank and based upon the communication received from the Bank of India - Ex.P9 that the first accused herein has cheated the Bank by pledging spurious gold jewels in connivance with the petitioners herein, accordingly the Bank has formulated a committee consisting of seven persons viz., K.Shivaprasad Hedge - Branch