IN THE HIGH COURT OF JUDICATURE AT MADRAS Reserved on :12.06.2023 Pronounced on: 03.07.2023 Coram:

THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN Criminal Appeal No.14 of 2013 [Crl.A.No.14 of 2013 against C.C.No.52 of 2004]

R.Chandrasekaran ... Appellant/Accused /versus/

State rep. by Inspector of Police, CBI, ACB, Chennai. ... Respondent/Complainant Prayer: Criminal Appeal has been filed under Section 374 of Cr.P.C., pleased to set aside the order of conviction passed by the Learned XI Additional Special Judge (CBI Cases relating to Banks and Financial Institutions), Chennai, passed in C.C.No.52 of 2004, dated 21.12.2012 and acquit the appellant.

For Appellant :Mr.R.Baskar For Respondent :Mr.K.Srinivasan, Senior Counsel, Special Public Prosecutor (C.B.I).

J U D G M E N T

The appellant herein is the accused in C.C.No.52 of 2004 on the file of the XI Additional Special Judge (CBI Cases Relating to Banks and Financial Institutions), Chennai.

2. Based on the reliable information received at the office of the Superintendent of Police, C.B.I, A.C.B, Chennai, a case was registered against the appellant for the offences of criminal conspiracy with unknown persons to cheat Indian Bank and its deposits and in pursuant to the conspiracy committed various illegal acts such as forgery, using forged documents as genuine and criminal misconduct of a public servant.

3. After completion of investigation, it was found that, FDR's in respect of 9 deposits were forged and from those deposits, loans sanctioned fraudulently using forged documents as genuine to cheat the Bank as well as the depositors. For each of the depositors, separate final report filed and taken on file by the XI Additional Special Court for C.B.I cases at Chennai. The Learned Judge took cognizance and assigned C.C Nos.52 to 60 of 2004.

4. The Criminal Appeal No.14 of 2013, which is under consideration arises from the judgement passed by the trial Court in C.C.No.52 of 2004. Based on the final report, charges were framed. The substance of the charges is that, Mr.Chandrasekaran the appellant/accused, while working as Branch Manager of Thiruporur Branch of Indian Bank, during the period from 13.12.1999 to 29.06.2002, with a dishonest intention had induced one P.K.Parameswaran, a retired Bank staff to deposit his voluntary retirement benefits at Thiruporur branch, where the appellant was working. Accordingly, P.K.Parameswaran, deposited Rs.2 lakhs, for a period of 10 years, jointly in his name and in the name of his wife Mrs.Vijaya Parameswaran. Without his request knowledge and consent, the accused/Chandrasekaran, sanctioned loan of Rs.1,75,000/- on that deposit. From the loan of Rs.1,75,000/- following demand drafts were issued to third parties:-

i). Demand Draft for Rs.60,000/- dated 22.06.2001 in favour of one Mr.V.Narasimhan;

ii). Demand draft for Rs.70,000/- dated 28.06.2001 and;

iii).Demand draft on 24/09/2001 for Rs.45,000/- both in the name of Natesan.

5. To sanction the loan against deposit, the appellant had created a false document using the FDR receipt No: 222037 entrusted to him and on which, he had domain. He forged the Loan Application Form and an Indemnity letter in the name of P.K.Parameswaran, the depositor. The demand drafts were issued in the name of 3^rd parties without any request from the depositor. As a Branch Manager, in breach of trust, had fraudulently and dishonestly used the forged documents as genuine in order to cheat the bank. Having made pecuniary advantage for himself and others, charges framed for offences stated below:-

Charge No.1: u/s.420 IPC (3 counts) Charge No.2: u/s.409 IPC (3 counts) Charge No.3: u/s.468 IPC (4 counts)

Charge No.4: u/s.468 r/w. 471 IPC.

Charge No.5: u/s.467 IPC.

Charge No.6: u/s.467 r/w. 471 IPC.

Charge No.7: u/s.477-A, IPC.

Charge No.8: u/s.13(2) r/w.13(1)(d) of P.C.Act, 1988.

6. In this case, the depositors are P.K.Parameswaran and his wife.

As per the final report, the amount alleged to have been misappropriated by the accused is Rs.1,75,000