The court affirmed that criminal liability persists despite repayment and emphasized the integrity of banking operations to prevent fraud.

COMMON JUDGMENT

These Criminal Appeals have been filed against the conviction and sentence imposed on the appellant by the judgement dated 07.10.2016 in C.C.Nos.4, 5, 6, 7 of 2008, on the file of the II Additional District Judge for CBI Cases, Madurai.

All the cases emanated from the common FIR in RC MA1 2004 A 0061 registered by CBI for the offence under Sections 120-B r/w420, 477(A) and Section 13 (2) r/w 13(1) (d) of the Prevention of Corruption Act , 1988.

2. In the FIR, following persons are arrayed as accused:

1.A-1 Shri C.Sankaranarayanan, was functioning as Br.Manager, Indian Bank Srirangam Branch, Trichy.

2.A-2 Shri K.Mathialagan was functioning as Assistant Manager, Indian Bank, Srirangam Branch, Trichy.

3.A-3 Shri R.Rajendran was functioning as Assistant Manager, Indian Bank, Srirangam Branch, Trichy.

4. A-4 Shri.S.P.Varadarajan was functioning as Assistant Manager, Indian Bank, Srirnagam Branch, Trichy.

5. A-5 Smt.R.Geetha, W/o Shri.G.Radhakrishnan is the Proprietor of M/s/Chivas Enterprises.

6. A-6 Shri.G.Radhakrishnan, Partner of M/s,Chivas Trading Corporation.

7. A-7 Shri.B.Kanagaraj, Partner, M/s.Sri Ganesh Godown.

8. A-8 Smt.B.Chandra, Partner, M/s.Sri Ganesh Godown.

9. A-9 Shri.T.R.Vijayaraman, Proprietor, M/s.Kumaran Silks.

10.A-10Shri.A.Venkatasamy Naidu, Proprietor, M/s.A.Vennkatasamy Naidu.

11.A-11 Smt.Sulochana Gopinath, Proprietrix, M/s.G.R.Agency.

12.A-12 Shri.M.Gopinath, Proprietor, M/s.Ge Aar Electrics.

13.A-13 Shri.K.Senthilvel, Proprietor, M/s.Nandha Gas Agencies.

14.A-14 Shri.N.Krishnamoorthy, Proprietor, M/s.Sri Ganesh Traders.

2.1. A1 to A4 are the Public Servant and A5 to A14 are the private persons. Between January 2001 and August 2004, A1 to A14 conspired together to cheat the Indian Bank, opened the current account and obtained overdraft credit facilities and fraudulently and dishonestly tendered the cheques of Canara Bank, City Union Bank, Karur Vysysa Bank and Indian overseas Bank etc., with the knowledge that there was no sufficient funds in their account. The cheques were honoured and further they dishonestly made number of the withdrawals of amount over the temporary over draft limit and thereby caused loss of Rs.1,10,66,100/-(Rupees One Crore Ten Lakhs Sixty Six Thousand and Hundred only).

2.2. In connection of the same, A1 in order to conceal the said fraudulent transaction, did not send the AUF and AUD as per the procedure. Further the said fraudulent act was found out by the inspection team of the bank on 09.01.2004 and they instructed SankaranarayananA1 to pay the amount. Consequently, A1 made the payment on 10.01.2004, by obtaining the blank cheques from 5 different persons holding the accounts in the bank who were no way connected with the above said private persons business. and thereby, settled the amount in the respective account, so as to escape from the legitimate prosecution, under the relevant provisions of the Indian Penal Code and Prevention of Corruption Act . i.e., under Sections 120-B r/w 420, 477(A) of IPC and Section 13 (2) r/w 13(1) (d) of 1988.

2.3. The CBI conducted an investigation and filed four different final reports with array of Sankaranarayanan (A1) in all the cases, who was the manager of Indian Bank, Srirangam Branch and the corresponding private individuals namely the account holder as co-accused on the file of the II Additional District Judge for CBI Cases, Madurai.

2.4. The learned Special Judge, took the said 4 final reports in C.C.No.4, 5, 6 and 7 of 2008 with array of the following parties: