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IN THE HIGH COURT OF JUDICATURE AT MADRAS Reserved on : 11.09.2023 Pronounced on : 10.10.2023 CORAM THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN Criminal Appeal Nos.659, 681, 685, 741 & 855 of 2018 [Crl.A.No.659 of 2018 against C.C.No.6 of 2012]
1. B.Prethik S/o.P.C.Bojappan, Mg.Partner, Sri Mahaganapathy Motors, No.192, Bajana Koil Street, Thurinjapuram Village & Post, Tiruvannamalai Taluk & District.
Pin-606 805.
2. P.C.Bojappan S/o.P.Chinnapattu, Partner, Sri Mahaganapathy Motors, No.192, Bajana Koil Street, Thurinjapuram Village & Post, Tiruvannamalai Taluk & District.
Pin-606 805. 3. R.Prakash S/o.Ramasamy Udayar, Partner, Sri Mahaganapathy Motors, No.13, Oosambadi Village, Thurinjapuram Post, Tiruvannamalai Taluk & Dist.
... Appellant/Accused Nos.2 to 4 /versus/
State rep.by The Inspector of Police, SPE/CBI/ACB/Chennai. ... Respondent/Complainant Prayer: Criminal Appeal has been filed under Section 374(2) of Cr.P.C., praying to set aside the conviction and sentences passed by the lower Court in C.C.No.6 of 2012 dated 23.10.2018 by the Court of XI Addl. & Special Judge for CBI cases relating to Banks and Financial Institutions at Chennai and allow this appeal with costs.
For Appellants : Mr.R.C.Paul Kanagaraj For Respondent : Mr.K.Srinivasan Special Public Prosecutor (C.B.I).
[Crl.A.No.681 of 2018 against C.C.No.6 of 2012]
M.R.Kannan S/o.Ranganathan
211 Bajanai Koil Street, Mangalam, Tiruvannamalai.
Pin – 606 752.
... Appellant/Accused No.5 /versus/
Inspector of Police, Central Crime Branch CBI/ACB/Chennai.
(R.C.No.22/A/2010). ... Respondent/Complainant Prayer: Criminal Appeal has been filed under Section 374(2) of Cr.P.C., pleased to set aside the judgment dated 23.10.2018 passed in C.C.No.6 of 2012 on the file of learned XI Addl. Special Sessions Court, Chennai (CBI cases relating to Banking & Financial Institutions).
For Appellant : Mr.S.Pushpakaran For Respondent : Mr.K.Srinivasan Special Public Prosecutor (C.B.I).
[Crl.A.No.685 of 2018 against C.C.No.6 of 2012]
M.Anandhan S/o. Late Mannan Goundar Vedanthavadi Village and Post, Kilpennathur Taluk, Tiruvannamalai District.
Pin: 606 752. ... Appellant/Accused No.7 /versus/
The Inspector of Police, Central Bureau of Investigation, CBI/ACB/ Chennai.
RC.No.22/A/2010. ... Respondent/Complainant Prayer: Criminal Appeal has been filed under Section 374(2) of Cr.P.C., pleased to set aside the judgement dated 23.10.2018 passed in C.C.No.6 of 2012 on the file of XI Additional Special Sessions Court, Chennai (CBI cases relating to Banks and Financial Institutions).
For Appellant : Mr.S.Pushpakaran For Respondent : Mr.K.Srinivasan, Special Public Prosecutor (C.B.I).
[Crl.A.No.741 of 2018 against C.C.No.6 of 2012]
1. V.Kannan S/o.Veeran No.45, 2nd Main Road, VGP Layout, Palavakkam, Chennai-41. ... Appellant/Accused No.1 /versus/
The State rep. By The Inspector of Police, Central Bureau of Investigation ACB/ Chennai.
(RC.No.22/A/A2010)
... Respondent/Complainant Prayer: Criminal Appeal has been filed under Section 374(2) of Cr.P.C., praying to set aside the judgment passed in C.C.No.6 of 2012 dated 23.10.2018 on the file of the XI Additional Special Session Court, Chennai (Bank and finance Industrial related CBI case).
For Appellants : Mr.K.Selvamani For Respondent : Mr.K.Srinivasan, Special Public Prosecutor (C.B.I).
[Crl.A.No.855 of 2018 against C.C.No.6 of 2012]
1.G.Shanmugam S/o.Govindasamy, Inam Kariyandhal Village, Tiruvannamalai Taluk & Dist.
2.S.Venkatachalam S/o.Sundaraj Manimangalam Village & Post, Tiruvannamalai Taluk & Dist.
... Appellant/Accused Nos.8 & 9 /versus/
State Rep by:
The Inspector of Police, SPE/CBI/ACB, Chennai.
... Respondent/Complainant Prayer: Criminal Appeal has been filed under Section 374(2) of Cr.P.C., praying to set aside the conviction and sentences passed by the lower Court in C.C.No.6 of 2012 dated 23.10.2018 by the Court of XI Additional & Special Judge for CBI cases relating to Banks and Financial Institutions at Chennai.
For Appellant : Mr.T.Sivananthan 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
On 21.05.2010, based on the complaint received from the AGM, Union Bank of India, Regional Office, Salem, the Superintendent of Police, CBI at Chennai registered a case in Crime No.RC MA1 2010 A 0022 against 10 named accused and others for offences under Section 120B r/w 420, 409, 467, 468 r/w 471 IPC and Sections 13(2) r/w 13(1)(d) of PC Act.
2. The gist of the complaint was that during the period between
12.02.2008 and 14.12.2008, Shri V.Kannan while serving as Branch Manager, Union Bank of India, Thiruvannamalai along with Shri R.Vijayan, an agent for tractor dealers and various other firms connived with each other and entered into a criminal conspiracy with an intent to cheat the Union Bank of India, Thiruvannamalai Branch in the matter of sanctioning agricultural and crop loans etc. In pursuance of the conspiracy, Shri V.Kannan sanctioned and disbursed crop loans, pipe loans, etc., to an extent of Rs.101.38 lacs to the borrowers who were canvassed and brought by the agent and the dealers firm without adequate primary security and by accepting fake and fabricated documents. Thereby they caused a wrongful loss to a tune of Rs.109.22 lacs to the bank including interest as on
31.03.2010.
3. On completion of investigation, the Investigation Officer filed 8 separate final reports for each set of conspiracy and conspirators. The accused are Bank Manager, Trader/suppliers, facilitators and borrowers. These 8 final reports were taken cognizance by the Trial Court and assigned C.C.No.4 of 2012 to C.C.No.11 of 2012.
4. In C.C.No.6 of 2012, the final report filed on 15.11.2011 against 9 persons. This case relates to loan for one Tractor and 2 Power Tillers supplied by M/s.Sri Mahaganapathi Motors by its partners B.Pratheek (A2), P.C.Bojappan (A3) and R.Prakash (A4). As per the final report, V.Kannan (A1), the Branch Manager, Union Bank of India, Tiruvannamalai Branch, in connivance with the partners of M/s.Sre Mahaganapathi Motors and its servants, sanctioned loan to one M.Anandan (A7) for purchase of Sonalika Tractor for Rs.4,62,000/- (Rupees Four lakhs sixty two Thousand only) with implements for Rs.1,35,000/- totalling Rs.5,97,000/-. Based on a quotation given by Prateek (A2), the loan was sanctioned on 25.03.2008 for a sum of Rs.5,97,000/-. The loan was based on the opinion given by the Panel Advocate A.S.Shabuddin. Though the dealer supplied a Tractor to the borrower Anandan (A7), the loan amount was not repaid by the borrower and therefore, it has caused wrongful loss to the Union Bank of India. Vinoth @ Saravanan (A6), M.R.Kannan(A5)-document writer were roped in this case as accused for tampering the Encumbrance Certificate.
5. As far as C.Shanmugam (A8), borrower of Rs.2,50,000/- for the purchase of Power Tiller and implements alleged to have obtained loan by submitting Revenue certificates like adangal, valuation certificate etc., alleged to have been issued by VAO. Without processing the application properly and complying the requested norms and procedure, A1 had sanctioned the loan without even conducting pre and post inspection in connivance with A2, A3 and A4, the partners of M/s.Sre Mahaganapathi Motors. The margin money directly deposited in the account of M/s.Sre Mahaganapathi Motors, but Power Tiller was not delivered or purchased by G.Shanmugam (A8). Instead with the connivance of A2, A3 and A4, G.Shanmugam (A8) obtained loan from private financial institution M/s.Kotak Mahindra for the purchase of a Sonalika Tractor using the loan amount advanced for the purchase of Power Tiller as margin money to buy Tractor.
6. Similarly, S.Venkatachalam (A9) pursuant to the conspiracy, the loan amount obtained for purchase of Power Tiller, misused and the borrower did not purchase the Power Tiller. However, documents, such as adangal, valuation certificate were forged and prepared in the name of VAO, take quotation from M/s.Sre Mahaganapathi Motors obtained as if the borrower S.Venkatachalam (A9) intend t
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