LAWS(MAD)-2021-11-144

H. KRISHNAMURTHY Vs. INSPECTOR OF POLICE

Decided On November 02, 2021
H.KRISHNAMURTHY Appellant
V/S
INSPECTOR OF POLICE Respondents

JUDGEMENT

(1.) Crl.A.No.630 of 2008 had been filed by A1 and Crl.A.No.635 of 2008 had been filed by A2 in C.C.No.7 of 1999, questioning the judgment, dtd. 20/8/2008, passed by the learned IX Additional Sessions Judge (Special Judge for C.B.I Cases), Chennai, convicting and sentencing them for commission of offences punishable under Sec. 120-B IPC r/w 420 IPC, 477-A I.P.C, 13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988 and under Ss. 120-B IPC, 420 I.P.C.

(2.) A1/H.Krishnamurthy/appellant in Crl.A.No.630 of 2008 was Branch Manager of Andhra Bank in Triplicane Branch during the years 1993 1996. A2/K.Ramesh/appellant in Crl.A.No.635 of 2008 is a private individual, who was running a firm by name M/s.Ramesh Cars Private Limited., in Chennai and was holding a current account with Andhra Bank, Triplicane Branch.

(3.) A complaint, dtd. 19/12/1996 was given by the Assistant General Manager of Andhra Bank Zonal Office, Chennai to the Inspector of Police, C.B.I/A.C.B, Chennai in which it had been stated that M/s.Ramesh Cars Finance Corporation, a partnership firm had opened a current account No.1307 with Triplicane Branch of Andhra Bank on 4/4/1996. The account was converted into a secured overdraft account against deposits on 23/7/1996. It was stated that H.Krishnamurthy, the Branch Manager had accommodated the self cheques of M/s.Ramesh Cars Finance Corporation on 14/10/1996 for Rs.4,50,000.00 drawn on Indian Bank, Alwarpet Branch and had given credit into their account. In the same manner, again on 22/11/1996, he accepted a self cheque for Rs.7,00,000.00 drawn on the same bank of M/s.Ramesh Cars Finance Corporation and credited the same into the secured overdraft account. Again on 23/11/1996, another cheque issued in favour of Ramesh Cars Finance Corporation by a savings bank account holder bearing Account No.7099 of State Bank of India, Adyar Branch, dtd. 18/11/1996 for Rs.2,50,000.00 was accepted by him and had given credit on the same day. It was complained that H.Krishnamurthy, instead of sending the above instruments for local clearing account, had kept the same with him in order to facilitate M/s.Ramesh Cars Finance Corporation to get pecuniary advantage.