SRINIVASA REDDY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Criminal Appeal by Special Leave is filed by the accused/appellant challenging the legality and correctness of the judgment and order dated 11-10-1993 passed by the Andhra Pradesh High Court remanding the matter back to the Special Judge for disposal in accordance with law in the light of the observations made in the said judgment.

(2.) The accused/appellant was put up for trial before the Special Judge for CBI cases to answer the charges framed under Sections 420, 477-A, IPC and Section 5(2) read with Section 5(1)(d) of the Prevention of Corruption Act. The Special Judge on conclusion of the trial and on appreciation of oral and documentary evidence on record by his judgment and order dated March 18, 1991 acquitted the accused of all the charges. This order of acquittal was challenged by the State of Andhra Pradesh in Criminal Appeal and the said Criminal Appeal was allowed by the High Court vide its impugned judgment and remanded the matter back to the trial Court. This judgment and order passed by the Andhra Pradesh High Court is the subject-matter of challenge in this appeal.

(3.) The prosecution case in short is as under: The appellant was working as a Branch Manager of Union Bank of India, Koratla during the period from 20-10-84 to 12-5-86 and while working in the said capacity he cheated the Bank by falsifying the account of the bank showing that the amount of Rs. 5,09,000/- was advanced as loan to 13 persons against their Fixed Deposit Receipts (FDRs) or Deposit Re-investment Certificates (DRCs) without the knowledge of those depositors and obtained Demand Drafts either in favour of M/s. Hall Mark Tobacco Co., or M/s. I.T.C. Ltd., in respect of those loan accounts and delivered those demand drafts to one U. Koteswara Rao, Balaji Enterprises, Kareemnagar and thereby deprived monetary advantages by cheating the bank and falsifying the accounts of the banks.