M R KUDVA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Leave granted.

(2.) Application of the provision of Sec. 427 of the Code of Criminal Procedure, 1973 (for short, 'the Code') falls for consideration in this appeal which arises out of a judgment and order dated 17.10.2005 passed by a learned Single Judge of the High Court of Andhra Pradesh in Criminal Petition No. 3917 of 2005.

(3.) Appellant was a bank employee. He worked as a Manager in Syndicate Bank at its Branch at Abid Road, Hyderabad. His job was to advance loans. Allegedly, in one case he sanctioned a loan to a customer for Black & White Television, while the scheme was for something else. In another case he sanctioned a loan for obtaining plots from the Housing Society. The Central Bureau of Investigation (CBI) had also filed chargesheets against the appellant in both the cases. Two cases were, thus, came to be registered against him; one being Criminal Case No. 9 of 1992 and another being Criminal Case No. 5 of 1993. The judgment in the first case was pronounced by the Special Judge, C.B.I. Court on 04.07.1997 whereby and whereunder he was convicted for commission of offences punishable under Ss. 120B/420, 468, 471 of the Indian Penal Code (IPC) read with Sec. 5(1) of the Prevention of Corruption Act, 1947. He was sentenced to undergo 18 months' rigorous imprisonment. Different amounts of fines for offences punishable under Ss. 120B/420, 468, 471 of the Indian Penal Code and Sec. 5(1) of the Prevention of Corruption Act, 1947 were also imposed. By a judgment of conviction and sentence dated 06.08.1997, the Special Judge, CBI, found him guilty for commission of offences punishable under Ss. 120B/420, 468, 471 read with Sec. 5(1) of the Prevention of Corruption Act, 1947 in Criminal Case No. 5 of 1993 and sentenced him to undergo rigorous imprisonment for two years. Different amounts of fines for offences punishable under the said sections were also imposed against him.