The main legal point established is that the appellant, as a public servant, committed offences of cheating, forgery, and misconduct, and the prosecution proved the charges beyond doubt.

JUDGMENT

(Prayer: Criminal Appeal has been filed under Section 374 of Cr.P.C., pleased to set aside the order of conviction passed by the Learned XI Additional Special Judge (CBI Cases relating to Banks and Financial Institutions), Chennai, passed in C.C.No.54 of 2004, dated 21.12.2012 and acquit the appellant.)

1. The appellant herein, is the accused in C.C.No.54 of 2004 on the file of the XI Additional Special Judge (CBI Cases Relating to Banks and Financial Institutions), Chennai.

2. Based on the reliable information received at the office of the Superintendent of Police, CBI ACB, Chennai a case was registered against the appellant for the offences of criminal conspiracy with unknown persons to cheat Indian Bank and its depositors and in pursuant to the conspiracy committed various illegal acts such as forgery, using forged documents as genuine and criminal misconduct of a public servant.

3. After completion of investigation, it was found that FDR''s in respect of 9 deposits were forged and from those deposits, loans sanctioned fraudulently using forged documents as genuine to defraud the Bank as well as the depositors. For each of the depositors separate final report filed and taken on file by the Special Court for CBI cases at Chennai. The Learned Judge took cognizance and assigned C.C.Nos:52 to 60 of 2004.

4. The Criminal Appeal No.16/2013 which is under consideration arises from the judgement passed in C.C.No.54/2004. Based on the final report, charges were framed. The substance of the charges is that, Mr.Chandrasekaran the appellant/accused, while working as Branch Manager of Thiruporur Branch of Indian Bank, during the period from 13.12.1999 to 29.06.2002, with a dishonest intention to cheat the bank as well as the depositors K.N.Balasubramaniam and his wife Smt.Saraswathi Balasubramaniam, had made a false document namely FDR No:173816 for Rs.75,000/- and handed over it to the depositors instead of the original FD receipt bearing No.222015. Using the original FD receipt No.222015 which the accused retained with himself, sanctioned loan of Rs.65,000/- as if, the depositors sought for loan on the deposit. For the said purpose, he fabricated documents such as application-cum- pledge letter by forging the signatures of the depositors. The loan amount of Rs.65,000/- was misappropriated by the accused by authenticating the vouchers for crediting the amount in the account of the depositors and debiting the same for purchase of demand draft of Rs.65,000/- in favour of A.Jayasankar Proprietor of M/s.Keerthivasan Investments Private Limited.

5. The accused, a Public servant working as the Branch Manager, in breach of trust misused the FD receipt No:173816 entrusted to him. With intention to cheat the depositors retained the original FD receipt bearing No:222015 and gave the false FDR bearing No:173816 to them. Without the permission of the depositors, the original FDR misused for sanctioning Rs.65,000/- as loan on deposit. The said amount credited into the loan account of the depositor, without their authorisation, fraudulently utilised to purchase third party demand draft in favour of A.Jayasankar, Proprietor M/s.Keerthivasan Investment Private Limited, to clear the due payable by Mrs.Jayamala W/o.R.Chandrasekaran (accused). Thereby, the accused committed offences punishable for cheating, forgery, forging valuable security for the purpose of cheating, using the forged documents as genuine and for misconduct of a public servant abusing his official position to obtain pecuniary advantage illegally.

6. The trial Court framed the below charges against the accused and tried him:-

Charge No.1: u/s.420 IPC.

Charge No.2: u/s.409 IPC.

Charge No.3: u/s.468 IPC.

Charge No.4: u/s.468 r/w 471 IPC.

Charge No.5: u/s.467 IPC.

Charge No.6: u/s.46