JUDGMENT :

(Prayer: Criminal Appeal filed under Section 374 (2) Cr.P.C., against the Judgment and sentence of one year Rigorous Imprisonment and fine of Rs.10,000.00 in default to undergo three months Simple Imprisonment imposed on the Appellant under Section 467 read with 471 IPC and the sentence of One year Rigorous Imprisonment and fine of Rs.10,000.00 in default to undergo three months Simple Imprisonment imposed on the appellant under Section 420 IPC (sentences to run concurrently), imposed on the Appellant by the learned XI Additional City Civil & Sessions Judge, (Spl. Judge for CBI Cases), Chennai, by his Judgment dated 10.06.2011 in C.C.No. 21 of 2004.)

1. The present Criminal Appeal has been filed by the third accused in C.C.No. 21 of 2004 aggrieved by the Judgment dated 10.06.2011 passed by the XI Additional City Civil and Sessions Judge/Special Judge for CBI Cases relating to Banks and Financial Institutions, Chennai, whereby the appellant/A3 had been convicted for offence under Section 467 r/w 471 IPC and sentenced to undergo one year rigorous imprisonment and fine of Rs.10,000/- and in default of payment of fine to undergo simple imprisonment for three months and also convicted under Section 420 IPC and sentenced to undergo rigorous imprisonment for one year and fine of Rs.10,000/- and in default of payment of fine to undergo simple imprisonment for three months. It was further held that the sentences were to run concurrently and set off had been granted under Section 428 Cr.P.C.

2. There were four accused, who faced trial in C.C.No.21 of 2004. A-1 to A-4 were charged under Section 120-B read with 420, 419, 467 read with 471, 468 read with 471 IPC and under Section 13(2) read with 13(1)(d) of PC Act 1988. A-4 was also charged under Section 419 IPC and also under Section 467 read with 471 IPC and also under Section 468 read with 471 IPC. The present appellant/A-3 was also charged under Section 467 read with 471 IPC. Both A-3 and A-4 were also charged under Section 420 IPC. A-1 and A-2 were charged under Section 13(2) read with 13(1)(d) of PC Act 1988.

3. On conclusion of trial, the learned Sessions Judge held that the prosecution had not proved the case as against A-1, A-2 and A-4 and acquitted them of all charges. The petitioner/A-3 was also acquitted of the substantial charge under Section 120-B read with 420, 419, 467 read with 471, 468 read with 471 IPC and under Section 13(2) read with 13(1)(d) of PC Act 1988. However, the appellant/A-3 was convicted under Section 467 read with 471 IPC and also under Section 420 IPC and sentenced as aforesaid. Questioning that conviction and sentence, the present Criminal Appeal had been filed under Section 374(2) of Cr.P.C.

4. Based on information received in the Office of Superintendent of Police/CBI/ACB/Chennai, a First Information Report in Crime No. RC MA1 2003 was registered under Section 120-B, read with 420, 467, 468 and 471 IPC and also under Section 13(2) read with 13(1) (d) of PC Act 1988 against K.Devendra Kumar, Senior Manager, Indian Overseas Bank, TM Street Branch, Chennai and P.Suchitra, wife of P.Balasubramanian, partner of M/s. Sri Susila Traders, 121/6, Central Cross Street, Chennai and R.Vijayan, Panel Advocate, Indian Overseas Bank, TM Street Branch, Chennai and R.Udayakumar, Panel Valuer, Indian Overseas Bank, TM Street Branch, Chennai and against P.S.Natarajan, Panel Valuer, Indian Overseas Bank, TM Street Branch, Chennai.

5. In the complaint, it had been alleged that the named accused had entered into criminal conspiracy and in pursuance of such criminal conspiracy, P.Suchitra and a deceased individual, K.G. Narasimhan, who were partners of M/s. Sri Susila Traders had fradulently submitted fabricated property documents as genuine to Indian Overseas Bank, TM Street Branch, Chennai and K.Devendra Kumar, Senior Manager, knowing that the documents were false had recommended and got sanctioned credit facilities of Rs.60/- lakhs to M/s. Sri Susila Traders and the P