J.JOHN CHRISTOPHER Vs. STATE

JUDGEMENT

(1.) The Criminal Appeals arising out of the Judgment passed by the learned II Additional District Judge for CBI cases, Madurai in C.C.No.1 of 2005, dtd. 20/3/2015.

(2.) The Criminal Appeal in Crl.A.(MD)No.87 of 2015 is filed by one J.John Christopher / A2 and Crl.A.(MD)No.116 of 2015 is filed by Kalleelul Rahuman / A1 in C.C.No.1 of 2005, on the file of the learned II Additional District Judge for CBI cases, Madurai.

(3.) The short facts of the case, for deciding the appeals, are as follows:- The appellant, A2 / John Christopher was working as Sub-Staff in the Oriental Insurance Company Ltd., Nagercoil, Kanyakumari District, during the years 1996 to 2003. In the said period, the accused entered into criminal conspiracy at Nagercoil and other places, misappropriated the amounts of the Oriental Insurance Company Ltd., which entrusted by customers/insured. In pursuance of the criminal conspiracy, A1-Kalleelul Rahuman did not account for the entrusted premium by the different insured persons in cash, but by abusing their official position, illegally shown them as cheque payments in the Daily Cash Balance Book (DCB), by falsification of the entries. A2-John Christopher entered fictitious cheque details, made false entries in the DCB to cover-up the misappropriation. In pursuance of conspiracy, A3-Robert Vincent, misappropriated the premium amount entrusted by the insured/agents for issuing policies and issued his own cheques and his relatives' cheques to A1-Kalleelul Rahuman. A1 shown them as cheque payments and certain cheques are not presented to the Bank, knowing fully well that the amounts misappropriated by them. A2 in pursuance of the conspiracy, by committing criminal misconduct entered the details of the cheques/fictitious cheque numbers and thus, misappropriated the amounts. From 10 instances, A1 to A3 by committing various criminal acts, misappropriated a total sum of Rs.1,04,280.00, caused loss to the Oriental Insurance Company. Thus, the Deputy Superintendent of Police, CBI:ACB:Chennai, registered an FIR in Crime No.RC MAI 2003 A 0050 against the accused for the commission of offences punishable under Ss. 120B r/w 409, 477A IPC and Sec. 13(2) r/w 13(1)(d) of P.C. Act. 1988.