Crl.A.Nos.811 and 831 of 2013 and Crl.A.No.481 of 2014

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on

:03.07.2023

Pronounced on

:31.07.2023

Coram:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN

Crl.A.Nos.811 & 831 of 2013 and Crl.A.No.481 of 2014

Crl.A.No.811 of 2013:-

K.B.Sampath

.. .Appellant/Accused-3

/versus/

The Inspector of Police,

CBI/ACB, Chennai.

... Respondent/Complainant

Prayer: Criminal Appeal has been filed under Section 374 of the Cr.P.C., against the

judgment and conviction dated 26.11.2013 made in C.C.No.14 of 2008 on the file of

the XI Additional City Civil & Sessions Judge for CBI Cases Relating to Banks and

Financial Institutions, Chennai-1.

For Appellant

:Mr.L.V.Rohith

For Respondent

:Mr.K.Srinivasasan (SC)

Special Public Prosecutor (CBI)

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Crl.A.Nos.811 and 831 of 2013 and Crl.A.No.481 of 2014

Crl.A.No.831 of 2013

:-

N.K.Ravindran

.. Appellant/Accused No.1

/versus/

Union of India,

Rep. by Inspector of Police,

CBI/ACB, Chennai.

..Respondent/Complainant

Prayer: Criminal Appeal has been filed under Section 374 of the Cr.P.C., against the

judgment and conviction dated 26.11.2013 made in C.C.No.14 of 2008 on the file of

the XI Additional City Civil & Sessions Judge – CBI Cases Relating to Banks and

Financial Institutions, Chennai-1.

For Appellant

:Mr.R.Thiagarajan

For Respondent

:Mr.K.Srinivasasan(SC)

Special Public Prosecutor (CBI)

Crl.A.No.481 of 2014

:-

S.Thiyagarajan

.. Appellant/Accused-2

/versus/

State by Inspector of Police,

CBI/ACB, Chennai.

..Respondent/Complainant

(R.C.No.MAI.2005(A)0055)

Prayer: Criminal Appeal has been filed under Section 374 of the Cr.P.C., to set

aside the judgment of the learned XI Additional City Civil & Sessions Judge for

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Crl.A.Nos.811 and 831 of 2013 and Crl.A.No.481 of 2014

CBI Cases, Chennai 600 001 made in C.C.No.43 of 2013 dated 09.12.2013 and

acquit the appellant herein from the charges under Section 120(B) r/w Sections

420, 471 r/w 468 IPC and Section 13(2) r/w Section 13(1)(d) of PC Act, 1988 and

Section 420, 471 r/w 468 IPC.

For Appellant

:Mr. A.G.Rajkumar

For Respondent

:Mr.K.Srinivasan(SC)

Special Public Prosecutor (CBI)

------

COMMON JUDGMENT

On 18.03.2003, during the regular inspection conducted by

Mr.K.Lakshmanan, Senior Manager, Indian Bank, Inspection Centre, Chennai, it

was found that in Royapuram Branch, Trade advances under MDL, powers were

not judiciously used. Head Quarters guidelines are not complied in about 16 loans.

Out of 16 such irregular loans, 15 were sanctioned by N.K.Ravindran, Manager

who assumed charge on 09.09.2002. For all these 15 irregular loan accounts, a

consolidated report for each individual loan and an exclusive report for the

respective loan was submitted by Mr.K.Lakshmanan to the Deputy General

Manager, Indian Bank, Inspection Centre, Chennai.

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Crl.A.Nos.811 and 831 of 2013 and Crl.A.No.481 of 2014

2. As per the report, the loan sanctioned to M/s Best Computers on

12/11/2002 is one among the 15 loans fell under the scanner. In the report of

Mr. Lakshmanan, the following irregularities, while sanctioning loan were

noticed:-

The panel lawyer has instructed to get the original documents from the

owner the property situated at Peravalur Village owned by Krishnan given as

collateral security. But, the Manager has not obtained the original mortgage deed,

original receipt from the Co-operative Society, original planning permission and

original permit for construction. The Assets and Liabilities of the borrower

Mr.S.Thiyagarajan, Proprietor of M/s Best Computers discloses that the firm

commenced business in Computer accessories only in the year 2002. The turn over

for the six months is only Rs.4.09 lakhs. No stock found in the business premises.

How