Crl.A.Nos.684 and 854 of 2018

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

Crl.A.Nos.684 and 854 of 2018

Crl.A.No.684 of 2018:

R.Vijayan@ Vijayakumar

..Appellant/Accused No.3

/versus/

State rep.by

The Inspector of Police,

CBI/ACB, Chennai,

(R.C.No.22/A/2010)

.. Respondent/Complainant

Criminal Appeal has been filed under Section 374(2) of Cr.P.C., to call

for the records in C.C.No.11 of 2012 on the file of learned XI Additional Special

Session Court, Judge, (Banking & Financial Institution Cases for CBI), Chennai

by its order dated 23.10.2018 and set aside the same and allow the Criminal

Appeal.

For Appellant

:Mr.R.Bhagawal Krishna

For Respondent

:Mr.K.Srinivasan, Spl.P.P.(CBI)

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Crl.A.Nos.684 and 854 of 2018

Crl.A.No.854 of 2018:

Mrs.R.Vasantha

..Appellant/Accused No.6

/versus/

State rep.by

The Inspector of Police,

SPE/CBI/ACB, Chennai,

.. Respondent/Complainant

Criminal Appeal has been filed under Section 374(2) of Cr.P.C., to set

aside the conviction and sentence passed by the lower Court in C.C.No.11 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 and allow this

Appeal with costs.

For Appellant

:Mr.T.Sivananthan

For Respondent

:Mr.K.Srinivasan, Spl.P.P.(CBI)

-------

COMMON JUDGMENT

On 21.05.2010, based on the complaint received from the Assistant

General Manager, Union Bank of India, Regional Office, Salem, the

Superintendent of Police, Anti Corruption Bureau, CBI at Chennai registered a

case in Crime No.RC MA1 2010 A 0022 against 10 named accused and others

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Crl.A.Nos.684 and 854 of 2018

for offences under Sections 120B r/w 420, 409, 467, 468 r/w 471 IPC and

Section 13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988.

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, Shri R.Vijayan, an agent for tractor

dealers and various firms with the connivance of each other 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 the bank Managers, traders/suppliers, facilitators and borrowers. These 8

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Crl.A.Nos.684 and 854 of 2018

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.

As far as C.C.No.11 of 2012, the Final Report filed against eight

persons. A-1[Kannan], A-2 [G.Kasinathan] are the bank managers, public

servants. A-3 [Vijayan @ Vijayakumar] and A-4 [S.Ramkumar] private

individuals working as salesman-cum-agent and spare parts in-charge in their

Sri Ramajayam Tractors. A-5[C.Ramanujam], A-6[R.Vasantha], A-7

[Sundaresan] and A-8 [S.Jayapal] are the private individuals who availed crop

loan from the Union Bank of India. The investigation had disclosed that

V.Kannan[A-1] and G.Kasinathan[A-2], while working as Branch Managers in

Union Bank of India, Tiruvannamalai Branch, between 12.02.2008 and

21.12.2008 and from 15.12.2008 to 29.06.2009