Back
2023 Supreme(Online)(MAD) 16933
IN THE HIGH COURT OF JUDICATURE AT MADRAS Reserved on: 04.09.2023 Pronounced on: 15.09.2023 CORAM :
THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN Crl.A.Nos.260 & 269 of 2013
1.D.Kalai Selvam
2.S.Ravi
3.S.Elumalai
4.D.Senthil
5.S.Vijayakumar
6.N.Devaraj ... Petitioner in Crl.A.No.260 of 2013 R.Charles Jayaseelan ... Petitioner in Crl.A.No.269 of 2013 /versus/
Union of India, Represented by the Inspector of Police, CBI, Chennai.
(RC.No.28(A)/2000/SPE/CBI/ACB/Chennai ..Respondent in both Appeals COMMON PRAYER : Criminal Appeals has been filed under Section 374 of Cr.P.C r/w Section 27 of P.C. Act., to set aside the conviction imposed against the Appellants/Accused A2 to A4 and A6 to A8 in Crl.A.No.269 of 2013 and A1/Appellant in Crl.A. No.269 of 2013 in C.C. No.17 of 2003 on the file of the XI Additional Special Judge (CBI cases relating to Banks and Financial Institutions), Chennai dated 02.04.2013.
For A-1 : Mr.Prakash Goklaney, in Crl.A. 269 of 2013 For A-2 : Mr.G.Prabakaran, in Crl.A.No.260 of 2013 For A-3 : Mr.K.Ravi Anantha Padmanaban, Sr.Counsel in Crl.A.No.260 of 2013 For A-7 & A-8 : Mr.S.Shanmugavelayutham, Senior Counsel, for Mr.S.Abishek in Crl.A.No.260 of 2013 For A-4 & A6 : Mr.K.Selvaraj, in Crl.A.No.260 of 2013 For Respondent :Mr.K.Srinivasan, Senior Counsel, Special Public Prosecutor for CBI cases in both Appeals.
***
C O M M O N J U D G M E N T
Based on the source information, the Inspector of Police was instructed to register case by the Superintendent of Police, CBI/ACB, Chennai in RC.No.28(A)/2000, dated 07.07.2000. Initially, six persons were suspected and the case under Section 120-B r/w 420 of I.P.C and Section 13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988 was taken up for investigation. The premises of the suspected accused were searched and incriminating documents were seized. On completion of investigation, final report filed against the following eight accused.
A1- R.Charles Jayaseelan, S/o.Rajarathinam Pillai Manager, Indian Bank, Thiruvottiyur Branch.
A2- D.Kalaiselvam, S/o.N.Devaraj, Proprietor, M/s.Jacob Civil Engineering.
A3- S.Ravi, S/o.N.Sivagnanam, Proprietor, M/s.D.D.Enterprises A4- S.Elumalai, S/o.N.Sivagnanam, Proprietor M/s.Elumalayan Enterprises A5- K.Shanmugham, S/o.N.Kamalakannan, Partner, M/s.D.K.Traders, A6- D.Senthil, S/o.N.Devaraj, Partner, M/s.D.K.Traders, A7- S.Vijayakumar, S/o.N.Sivagnanam A8- N.Devaraj, S/o.T.C.Natesan
2. At this juncture, it is also relevant to note that, A1 is a Public Servant, A2 to A8 are all related by blood. To be more precise, N.Devaraj, (A8), Sivagnanam and Kamalakannan are sons of T.C.Natesan. D.Kalaiselvam (A2), D.Senthil(A6) are sons of Devaraj, S.Ravi(A3), S.Elumalai(A4) and S.Vijayakumar (A7) are sons of Sivagnanam brothers of Devaraj (A8).
K.Shanmugam is son of N.Kamalakannan, the brother of Devaraj (A8).
3. The final report laid by E.P.Suresh Kumar, Inspector of Police SPE/CBI/ACB, Chennai, was taken on file by the Special Court for CBI cases, Chennai in C.C.No.17 of 2003.
4. The sum and substance of the final report was that, A-1 Charles Jayaseelan, while working as Branch Manager, Indian Bank, Thiruvottiyur Branch, abused his official position and in furtherance of conspiracy with private individuals A2 to A8 by illegal means fraudulently and dishonestly advanced high credit facilities in the names fictitious non-existing Firms floated by the accused A2 to A6. A-2 Kalaiselvam impersonated as Jacob and A4 Elumalai impersonated as Sundaram. To facilitate, the diversion of the loan two more fictitious Firms were created by A-7 and A-8 and the bank accounts were opened to encash the loan diverted dishonestly to cheat the Bank.
5. The trial Court, on considering the final report framed as many as 27 charges, covering offences under Section 120-B r/w 420, 419, 467, 467 r/w 471 I.P.C, 468, 468 r/w 471 IPC and 13(2) r/w 13(1)(d) of PC Act, 1988. The charges against respective accused are:-
| Rank of the Accused | Charges |
| A-1 to A-8 | 120-B r/w 420, 419, 467, 467 r/w 471, 468, 468 r/w 471 of I.P.C and 13 (2) r/w 13(1)(d) of P.C Act, 1988. |
| A-1 | 13 (2) r/w 13(1)(d) of P.C Act |
| A-2 | 419, 468, 468 r/w 471, 467, 467 r/w 471, 420 of I.P.C |
| A-3 | 468, 468 r/w 471, 467, 467 r/w 471, 420 of I.P.C |
| A-4 | 419, 468, 468 r/w 471, 467, 467 r/w 471, 420 of I.P.C |
| A-5 & A-6 | 468, 468 r/w 471 of I.P.C |
| A-5 | 468, 468 r/w 471, 467, 467 r/w 471, 420 of I.P.C |
| A-7 & A8 | 420 of I.P.C |
6. Pending trial, A-5/Shamugam died and the charges against him got abated.
7. The prosecution to prove the charges examined 22 witnesses (P.W.1 to P.W.22) and marked 541 Exhibits (Ex.P.1 to Ex.P.541). On the side of the defence 4 Exhibits (Ex.D.1 to Ex.D.4) marked.
8. In fine, the trial Court found A1 to A4 and A6 to A8 guilty of the charges tried and sentenced them to undergo R.I for period of 7 years and to pay fine ranging from Rs.50,000/- to Rs.25 lakhs. The period of sentence, fine amount and default sentence imposed on each accused for the offences is provided in the table given under:-
| Accused Offences under Section | Conviction and Sentence passed by the Trial Court | |
| A-1 | u/s.120-B r/w 420, 419, 467, 467 r/w 471 IPC, 468, 468 r/w 471 IPC and sec.13 (2) r/w 13 (1) (d) of PC Act, 1988. | To undergo R.I for 7 (seven) years and to pay a fine of Rs.50,000/- (Rupees Fifty Thousand only) and |
