A.RAMANUJA Vs. STATE

JUDGEMENT

(1.) These two appeals are filed by accused Nos.1 and 2, respectively challenging the judgment of conviction and order on sentence dated 31.08.2010 passed in Spl.CC.No.18/2000, on the file of XXI Additional City Civil and Sessions Judge and Special Judge for CBI Cases, Bengaluru (CCC-4).

(2.) The factual matrix of the case is that between May 1993 and November 1994, accused No.1 - A. Ramanuja i.e., the appellant in Crl.A.No.1002/2010, while functioning as a Public Servant in the capacity of Branch Manager of State Bank of Mysore, Kanakapura Road Branch, Bengaluru, conspired with B.L.Sreedhar, who arraigned as accused No.2-appellant in Crl.A.No.1024/2010, Proprietor of M/s. Sanjay Enterprises; Sri Nedumaran (Accused No.3), who claimed to be the Proprietor of M/s. Amman Rubber Products, Hosur, who was also convicted and he had preferred an appeal in Crl.A.No.1025/2010 and he passed away during the pendency of the appeal. Hence, the appeal was abated vide order dated 15.09.2020. Accused No.4- Venkatesh, who indulged in creating of fabricated documents along with accused No.2 to cheat the State Bank of Mysore, Kanakapura Road Branch, Bangalore, and all of them joined together fraudulently availing and utilising over draft facility against supply bills submitted by M/s. Sanjay Enterprises for having purportedly supplied tread Rubber to M/s. Amman Rubber Products, Hosur and to derive undue pecuniary advantage for themselves. In furtherance of criminal conspiracy accused No.1 induced the Regional Office, Bangalore Zone, Region-1 to sanction over draft facility to M/s. Sanjay Enterprises against the forged supply bills to the tune of Rs.7.50 Lakhs by misleading Regional Office through false representation of supply of tread Rubber to M/s. Annai Sathya Transport Corporation, Dharmapuri Division, Tamil Nadu and caused wrongful loss to the tune of Rs.9,84,856/- and made corresponding wrongful gain to himself and others.

(3.) The charge levelled against the first accused is that he abused his official position with a fraudulent intention of benefiting the firm of accused No.2 and sent advance proposal to the tune of Rs.7.50 Lakhs in respect of OD facility limit against forged supply bills of M/s. Sanjay Enterprises. Subsequently, he sent two more recommendations to Regional Office for sanction of facilities to accused No.2's firm along with fabricated documents. The advice of Regional Office to verify the credentials of accused No.2's firm regarding the business activities before sending the proposal was ignored by accused No.1 and accused No.1 chose to submit false report to Regional Office stating that accused No.2's firm was supplying Rubber Products to Government undertakings. Accused No.2's firm never supplied any Rubber Products to any Government or any other firms. Based on the recommendation and false report of accused No.1, Regional Office sanctioned OD facility to the tune of Rs.7.50 lakhs to accused No.2's firm. As part of the conspiracy, accused No.2 with the aid of accused No.3 opened an account in the name of non-existing firm M/s. Amman Rubber Products at Hosur Branch. Subsequently, accused No.2 with the help of accused No.4 arranged forged title deeds and did the documentation with the Bank. Knowing fully well that these documents were fabricated, accused No.1 allowed accused No.2 to use such fabricated title deeds as collateral security. Thereafter, accused No.2 produced 11 supply bills purporting to evidence supply of Tread Rubber to M/s. Amman Rubber Products standing in the name of accused No.3, to the tune of Rs.12,32,300/-, out of which only two were realized and the remaining nine supply bills were returned unpaid.