The court emphasized the importance of proving charges beyond reasonable doubt and considered the repayment of the dues by the accused and the expressed intention of the complainant to withdraw the complaint.

JUDGMENT

(Prayer: Criminal Appeal filed under Section 374(2) of Criminal Procedure Code, to set aside the sentence and conviction order dated 30.08.2013 passed in CC.No.225 of 1997 by the learned XI Additional Special Judge for CBI Cases, Chennai.

Criminal Appeal filed under Section 374(2) of Criminal Procedure Code, to set aside the sentence and conviction imposed upon the appellant by judgment dated 30.08.2013 of the learned XI Additional Special Judge (CBI Cases relating to Banks and Financial Institutions), Chennai in CC.No.225 of 1997 on his file and acquit him of all the offences with which he stood charged.

Criminal Appeal filed under Sections 374, 380 and 401of Criminal Procedure Code, to call for the entire records pertaining to CC.No.225 of 1997 on the file of the learned XI Additional Special Judge for CBI Cases relating to banks and financial institutions, Chennai- 600001 and allow this appeal preferred by the appellants and set aside the order dated 30.08.2013 passed by the learned XI Additional Special Judge for CBI cases relating to banks and financial institutions, Chennai 600 001 in CC.No.225 of 1997 and direct refund of the find amount of Rs.8,000/- paid by the appellants and discharge the sureties executed for suspension of sentence.

Criminal Appeal filed under Section 374 of Criminal Procedure Code, to call for the entire records pertaining to CC.No.35 of 2013 on the file of the learned XI Additional Special Judge for CBI Cases relating to banks and financial institutions, Chennai-600001 and allow this appeal preferred by the appellant and set aside the order dated 03.09.2013 passed by the learned XI Additional Special Judge for CBI cases relating to banks and financial institutions, Chennai 600 001 in CC.No.35 of 2013 and direct refund of the find amount of Rs.4,000/- paid by the appellant and discharge the sureties executed for suspension of sentence.

Criminal Appeal filed under Section 374 of Criminal Procedure Code, to call for the records in CC.No.33 of 2013 (which was split from CC.No.225 of 1997) on the file of the learned XI Additional City Civil & Sessions Judge for CBI Cases, Chennai and to set aside the sentence and conviction imposed on the appellant dated 28.11.2013.)

Common Judgment:

1. These criminal appeals filed under Section 374 of Cr.P.C. are directed against the judgment passed by the XI Assistant City Civil and Sessions Judge for CBI Cases, Chennai in CC.No.225 of 1997 which is a case split up as against D.K.Mukerjee who is one of the absconding accused and later secured and tried along with the main case and CC.No.33 of 2013 which is also a split up case against V.P.Ragavendra Rao, who was secured after abscondence.

2. Based on a written complaint dated 04.01.1994 given by Mr.P.Gopalakrishnan, the Chief Vigilance Officer of Indian Bank, a criminal complaint was registered by Deputy Superintendent of Police in RC.Nos.1(S) and 2(S), CBI/SCB/Chennai for offences under Sections 120(b) r/w 420, 468, 471 of IPC against M/s.Austral Plastics Private Limited, A.V.Krushnun and V.Subramaniam and taken up for investigation.

3. According to the complaint given by Gopalakrishnan, fraudulent transaction in the account of M/s.Plastimar Products by V.Subramaniam, A.V.Krushnan and others been found and brought to the notice of the Superintendent of Police (CBI) for investigation. In the complaint, it is stated that M/s.Plastimar Product Private Limited, a company incorporated on 27.05.1982 under the Companies Act changed the name of the entity as ''M/s.Austral Plastics Private Limited'' on 27.08.1983. As per the memorandum of association of M/s.Austral Plastics Private Limited, one Sri.A.V.Krushnun and Sri.V.Subramaniam and Sri.K.Ramasubramaniam are subscribers to the concern. On and after 27.08.1983, “M/s.Plastimar Products Private Limited” ceased to exist. While so, on 18.05.1991, V.Subramaniam opened curr