Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS Reserved on : 11.07.2023 Pronounced on: 10.08.2023 Coram:
THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN Crl.A.Nos.837, 852 of 2013 & Crl.A.No.10 of 2014 Crl.A.No.837 of 2013 R.Srinevass Rao, ... Appellant/Accused 1 /versus/
State, Represented Inspector, ACB/CBI/SPE, Chennai.
R.C.No.16(A)/2003/SPE/CBI/ACB/Chennai. ... Respondent/Complainant Prayer: Criminal Appeal is filed under Section 374(2) of the code of Criminal Procedure r/w 27 of the Prevention of Corruption Act., pleased to set aside the conviction and sentence passed against the appellant in the judgment dated 31.10.2013 made in C.C.No.28 of 2004 on the file of the Court of XI Additional Special Judge (CBI cases relating to Banks and Financial Institutions), Chennai and allow this Criminal Appeal.
For Appellant : Mr.R.John Sathyan, Senior Counsel, for Mr.K.R.Harin For Respondent : Mr.K.Srinivasan, Special Public Prosecutor, (C.B.I)
Crl.A.No.852 of 2013
1. A.Rajesh Thomas, S/o.Shri.Ayyasamy, Partner M/s.Ticom Telysys (P) Ltd., R/o.48, Seethammal Road, Alwarpet, Chennai.
2. M.Praveen Kumar, M/A 40, S/o.Shri K.Murthy, Proprietor M/s.Sakthi Concern, R/o.No.48, 1st Cross Street, Kennady Square, T.V.K.Nagar, Perambur, Chennai – 11. ... Appellants/Accused A3 & A4 /versus/
State Represented by, Inspector of Police, C.B.I/ACB, Chennai. ... Respondent/Complainant Prayer: Criminal Appeal is filed under Section 374(2) of the Cr.P.C., pleased to allow the appeal and set aside the judgment and order of conviction and sentence dated 31.10.2013 passed as against the appellant herein by the Learned XI Additional City Civil & Sessions Judge, (CBI cases relating to Banks and Financial Institutions), Chennai, in C.C.No.28 of 2004.
For Appellants : Mr.S.Suresh, for Mr.Edwin Prabhakar For Respondent : Mr.K.Srinivasan, Special Public Prosecutor, (C.B.I)
Crl.A.No.10 of 2014 Kamalakannan, ... Appellant/Accused No.2 /versus/
The Inspector of Police, C.B.I, (ACB Wing), Chennai. ... Respondent/Complainant Prayer: Criminal Appeal is filed under Section 374 of the Cr.P.C., pleased to call for the records in C.C.No.28 of 2004 on the file of the XI Additional Special Judge (CBI Cases, Chennai) and set aside the order of conviction and pass such orders as this Hon'ble Court deems fit and in the interest of the case and render justice.
For Appellant : Mr.N.R.Elango, Senior Counsel, for M/s.Sudha Ramalingam.
For Respondent : Mr.K.Srinivasan, Special Public Prosecutor, (C.B.I)
C O M M O N J U D G M E N T
Before the Special Court for CBI cases at Chennai, in C.C.No.28 of
2004, five accused faced trial for charges under Section 120-B r/w 420, 467, 468 and 471 of I.P.C and section 13(2) r/w 13(1)(d) of P.C Act, 1988 in common and charges under Section 420, 467, 468 and 471 of I.P.C by A2 to A4. Charge under Section 13(2) r/w 13(1)(d) of P.C Act by A1 individually.
2. The trial Court, after examining the witnesses and documents relied as exhibits, held the charges proved and sentence the accused as below:-
| Accused | Offences | Conviction and Sentence passed by the Trial Court |
| A1, A2, A4 | u/s.120-B r/w 420, 467, 468 and Section 471 r/w 468 of I.P.C and u/s.13(2) r/w 13(1)(d) of P.C Act, 1988. | To undergo R.I for three years each and to pay fine of Rs.5000/- each, in default to undergo S.I for 6 months each. |
| A5 | u/s.120-B IPC r/w 420, 467, 468 and Section 471 r/w 468 of IPC and u/s.13(2) r/w 13(1)(d) of P.C Act, 1988. | To undergo R.I for three years and to pay fine of Rs.10,000/- in default to undergo S.I for six months. |
| A3 | U/s.120-B I.P.C r/w Section 420, 467, 468 and Section 471 r/w 468 of I.P.C and 13(2) r/w 13(1)(d) of P.C Act | To undergo R.I for three years and to pay fine of Rs.1,000/- in default to undergo S.I for six months. |
| A1, A2 & A4 | u/s. 420 of I.P.C | To undergo R.I for three years each and to pay fine of Rs.5,000/- each, in default to undergo S.I for six months each. |
| A3 | u/s.420 of I.P.C | To undergo R.I for three years and to pay fine of Rs.1,000/-, in default to undergo S.I for six months. |
| A2 & A4 | U/s.467 of I.P.C | To undergo R.I for three years each and to pay fine of Rs.5,000/- each, in default to undergo S.I for six months each. |
| A3 | u/s.467 of I.P.C | To undergo R.I for three years and to pay fine of Rs.1,000/-, in default to undergo S.I for six months. |
| A2 & A4 | U/s.468 of I.P.C | To undergo R.I for three years each and to pay fine of Rs.5,000/- each in default to undergo S.I for six months. |
| A3 | U/s.468 of I.P.C | To undergo R.I for three years and to pay fine of Rs.1000/- in default to undergo S.I for six months. |
| A2 & A4 | U/s.471 r/w 468 of I.P.C | To undergo R.I for three years each and to pay fine of Rs.5,000/- in default to undergo S.I for six months each. |
| A3 | U/s.471 r/w 468 of I.P.C | To undergo R.I for three years and to pay fine of Rs.1,000/-, in default to undergo S.I for six months. |
| A1 | U/s.13(2) r/w 13(1)(d) of P.C Act | To undergo R.I for three years and to pay fine of Rs.5,000/-, in default to undergo S.I for six months. |
3. The judgment of conviction and sentence is challenged by the accused persons and same is considered in this common judgment on appeals.
(i). Crl.A.No.837 of 2013 is filed by R.Srinevass Rao (A1).
(ii). Crl.A.No.852 of 2013 is filed by Rajesh Thomas (A3) and Praveen Rajkumar (A4).
(iii). Crl.A.No.10 of 2014 is filed by Kamalakannan (A2).
4. The gist of the case:-
The final report laid by the Investigating Officer reads as under:-
During the year 2002, R.Srinevass Rao(A-1), was Branch Manager of Indian Overseas Bank, Kilpauk Branch, Chennai and Kamalakannan (A- 2), Rajesh Thomas (A-3), absconding accused Suguna are partners of M/s.TICOM Telysys Pvt. Ltd, Chennai, (A-5) represented by Kamalakannan (A-2) and Rajesh Thomas (A-3), who have signed in all the cheques issued from the Company's account, functioning No.301, 3rd Floor, Cauvery Complex, No.96, at Nungambakkam High Road, Chennai-600 034. Praveen Rajkumar (A4) is a friend of Kamalakannan (A-2).
4.2. A-1 to A-4 and the absconding accused D.Suguna and one Govindarajan, who is a Panel Valuer of Indian Overseas Bank, Kilpauk Branch, Chennai (discharge accused) entered into criminal conspiracy to cheat Indian Overseas Bank, Kilpauk Branch, Chennai and in furtherance of the criminal conspiracy, Kamalakannan (A-2) and Rajesh Thom
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
