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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
K.K. RAMAKRISHNAN, J.
R. Karpura Sundara Pandian - Appellant
Versus
State Rep. by the Inspector of Police - Respondent
Crl. Appeal (MD) Nos. 6, 7 of 2018
Decided On : 04-03-2025
| Table of Content |
|---|
| 1. overview of the case and convictions. (Para 1 , 2) |
| 2. argument about the legality of multiple final reports. (Para 3) |
| 3. prosecution's stance on the evidence and authority. (Para 4) |
| 4. consideration of evidence and questions raised. (Para 5) |
| 5. proof of forgery established through various witnesses. (Para 6 , 7 , 8) |
| 6. discussion on the validity of two final reports. (Para 9 , 10 , 11 , 12) |
| 7. definition of white-collar crime and its implications. (Para 13) |
| 8. conclusion on appellant's misconduct and sentencing. (Para 14) |
| 9. final judgement and dismissal of appeals. (Para 15) |
JUDGMENT :
1. These Criminal Appeals have been filed to set aside the conviction and sentence passed by the II Additional District Court for CBI Cases, Madurai, in C.C.Nos.3 & 4 of 2010, dated 28.11.2017. Since these criminal appeals are arising out of the same crime, these cases are taken up for hearing together and disposed of by way of this common judgment.
2. Brief facts of the case:
The appellant in C.C.Nos.3 & 4 of 2010, on the file of the II Additional District Court for CBI Cases, Madurai, has filed these appeals before this Court, challenging the Judgments dated 28.11.2017 whereby, in both cases, the learned trial Judge convicted and sentenced to undergo the appellant for the following offences:
| S. Nos | Offences under Section (in C.C.Nos.3 & 4 of 2010) | Punishment (Imprisonment and fine) (in C.C.Nos.3 & 4 of 2010) |
| 1 | 420 of IPC | Undergo Rigorous Imprisonment of 7 years and to pay a fine of Rs.10,000/- in default to undergo Simple Imprisonment for six months |
| 2 | 409 of IPC | Undergo Rigorous Imprisonment of 10 years and to pay a fine of Rs.25,000/- in default to undergo Simple Imprisonment for six months |
| 3 | 467 of IPC | Undergo Rigorous Imprisonment of 10 years and to pay a fine of Rs.10,000/- in default to undergo Simple Imprisonment for three months |
| 4 | 468 r/w 471 of IPC | Undergo Rigorous Imprisonment of 7 years and to pay a fine of Rs.10,000/- in default to undergo Simple Imprisonment for six months |
| 5 | 13(2) r/w 13(1)(c) of the Prevention of Corruption Act, 1988 | Undergo Rigorous Imprisonment of 1 year and to pay a fine of Rs.10,000/- in default to undergo Simple Imprisonment for three months |
| Total Fine | Rs.65,000/- |
2.1. The accused, namely, R.Karpura Sundara Pandian, who was working as Assistant Manager of the IDBI Bank Ltd.,Cantonment Branch, Trichy, is the appellant herein. He faced the trial in C.C.Nos.3 & 4 of 2010, on the file of the II Additional District Court for CBI cases, Madurai, for the alleged offences punishable under Sections 420 , 409, 467, 468 and 471 of IPC and Section 13 (2) r/w 13(1)(c) and (d) of the Prevention of Corruption Act 1988.
2.2. According to the prosecution, the appellant herein approached the Chairman, Alpha Foundation for Education and Research (Charitable Trust), Trichy, namely, Dr.R.Palani, and promised him to get a loan of Rs.750,000,000/- (Rupees Seventy Five Crores only) from the IDBI Bank, for which he requested him to make fixed deposit and he received a sum of Rs.56,00,000/-(Rupees Fifty Six Lakhs). Instead of making the fixed deposit in the IDBI Bank Account, the appellant gave fake pay-in-slips and fixed deposit receipts and misappropriated the fund of Dr.R.Palani. On finding out the forgery, Dr.R.Palani, gave a complaint to the IDBI Bank Management. The Bank Management on enquiry found that forgery had been committed by the Appellant and directed P.W.5 to lodge a complaint to CBI and accordingly P.W.5 gave complaint to CBI. On the basis of the complaint given by P.W.5/Jotty M.Chacko, the CBI registered the case against the appellant. During the course of the investigation, the investigating agency found that similar modus operandi was played by the appellant, against one Dilip Iyangar, i.e. he received a sum of Rs.111.50 lakhs from the said Dilip Iyangar on various occasions and issued 12 fake fixed deposit receipts and issued 35 numbers of pay in slips without his signature and to make the said Dilip Iyangar believe that his mon
The court held that the appellant's actions constituted cheating and forgery, emphasizing misuse of authority and intent to deceive in bank transactions.
The court ruled that acquittals in conspiracy cases must be based on a holistic appreciation of evidence, rejecting selective readings that undermine victims' rights and public justice.
Public servants convicted of misappropriation and forgery through forged loan applications must be proven to have made false documents and abused their positions, affirming the importance of direct e....
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.
The prosecution failed to prove beyond a reasonable doubt the offences of conspiracy and forgery against the appellants, with mere suspicion not serving as a substitute for valid evidence.
Convictions under the Prevention of Corruption Act require valid sanctions; without them, trials are void as established through insufficient evidence and lack of corroboration for forgery and conspi....
Public servants are criminally liable for misappropriation of entrusted property through forgery, supported by identification of handwriting, fulfilling requirements of the Prevention of Corruption A....
The judgment establishes the difficulty in proving conspiracy and the importance of inferring conspiracy from surrounding circumstances. It also emphasizes the severe consequences of corruption and t....
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