The court found the accused guilty of criminal conspiracy, cheating, and abuse of official position under the Prevention of Corruption Act, 1988 and the Indian Penal Code.

JUDGMENT

(Prayers: Criminal Appeal has been filed under Section 374 of Cr.P.C., pleased to admit the appeal and call for the records from the Trial Court in C.C.No.24 of 1999 on the file of XI Additional Special Judge for CBI cases, Chennai, dated 30.09.2011 and to set aside the conviction and sentence passed in C.C.No.24 of 1999 on the file of XI Additional Special Judge for CBI cases, Chennai.

Criminal Appeal has been filed under Section 374 (2) of Cr.P.C. r/w 27 of Prevention of Corruption Act, 1988., pleased to admit the appeal and call for the records from the Trial Court in C.C.No.24 of 1999 on the file of XI Additional City Civil & Sessions Judge (CBI cases relating to Banks and Financial Institution), Chennai, hear the Counsel for appellant/accused No.6 and to set aside the conviction and sentence passed in C.C.No.24 of 1999, dated 30.09.2011 by the Learned XI Additional City Civil & Sessions Judge (CBI Cases relating to Banks and Financial Institution), Chennai.

Criminal Appeal has been filed under Section 374 (2) of Cr.P.C. r/w 27 of Prevention of Corruption Act, 1988., pleased to admit the appeal and call for the records from the Trial Court in C.C.No.24 of 1999 on the file of XI Additional City Civil & Sessions Judge (CBI cases relating to Banks and Financial Institution), Chennai, hear the Counsel for appellant/accused Nos4 & 5 and to set aside the conviction and sentence passed in C.C.No.24 of 1999, dated 30.09.2011 by the Learned XI Additional City Civil & Sessions Judge (CBI Cases relating to Banks and Financial Institution), Chennai.

Criminal Appeal has been filed under Section 374 (2) of Cr.P.C. r/w 27 of Prevention of Corruption Act, 1988., pleased to admit the appeal and call for the records from the Trial Court in C.C.No.24 of 1999 on the file of XI Additional City Civil & Sessions Judge (CBI cases relating to Banks and Financial Institution), Chennai, hear the Counsel for appellant/accused Nos.2 & 3 and to set aside the conviction and sentence passed in C.C.No.24 of 1999, dated 30.09.2011 by the Learned XI Additional City Civil & Sessions Judge (CBI Cases relating to Banks and Financial Institution), Chennai.)

Common Judgment

1. These batch of Criminal Appeals filed by the convicts, arrayed as accused 1 to 6 in C.C.No.24 of 1999, on the file of XI Additional City Civil and Sessions Judge (CBI cases relating to Banks and Financial Institutions), Chennai.

2. The crux of the case in brief is that, Mrs.Ananthi (A-2) Proprietrix of M/s.Ananthi Exports, Chennai, opened a Current Account bearing No:2730 in Andhra Bank, Mylapore Branch, on 11/11/1995 in the name of her firm M/s.Ananthi Exports. For opening the account, A-3 her husband Kasirajan and A-6 S.Ram Kumar, a Chartered Accountant by Profession assisted her. The account was opened when P.W-3 Mr.Sathiyanarayanan was the Branch Manager of Mylapore Branch. After opening the Current Account, A-2 Ananthi submitted application for Packing Credit Loan (Ex.P-4) along with Project Report (Ex.P-5) prepared by A-6. The property Statement of A-2 and her husband A-3 were submitted to show their creditworthiness. On resignation of P.W-3, Ravi (A-1) succeeded him and assumed office on 05/12/1995. The loan application of A-2 was further processed by A-1 and on his recommendation the letter of sanction dated 30/12/1995 issued by M.N.Ravichandran, Asst.General Manager, Central Office. In Ex.P-26 the letter of sanction, it is stating that the proposal dated 07/12/1995 of M/s.Ananthi Export, (Export of cashew kernels) represented by its Prop. Mrs.Ananthi sanctioned for Packing Credit limit upto Rs.20 lakhs and Foreign Bill Purchase (FBP) limit upto Rs.25 lakhs. A-3 the husband of A-2 and C.S.Selvam were mentioned as the co-obligants/guarantors for the loan. The property of C.S.Selvam worth Rs 46 lakhs taken as collateral security.

3. In the letter of sanction, (Ex.P-26), it is al