M MAHADEVAN Vs. STATE

JUDGEMENT

(1.) THE appellant herein is the 2nd accused in Special Calendar Case No. 6 of 1996 on the file of Additional Sessions Judge-cum-Chief Judicial magistrate, Coimbatore. Appeal arises against the judgment dated 15. 12. 1995 in Special Calender Case No. 6/1986 on the file of Additional Special judge/first Additional Sessions Judge-cum-Chief Judicial Magistrate, coimbatore for the conviction and sentence of 3 years RI under Section 409 IPC and a fine of Rs. 500/- in default to undergo RI for 3 months, 3 years RI under section 5 (1) (c) read with 5 (2) of Prevention of Corruption Act and a fine of rs. 1000/- in default to undergo 6 months RI, 3 years RI under Section 5 (2)read with 5 (1) (d) of Prevention of Corruption Act and a fine of Rs. 1000/- in default to undergo RI for six months. No separate sentence was awarded for the offence under Section 120-B read with Section 409, 467,468,471 read with 467 IPC and Section 5 (2) read with 5 (1) (c) (d)of Prevention of Corruption Act and the sentences were ordered to run concurrently. The total fine amount of rs. 2,500/- was said to have been paid by the appellant/2 nd accused.

(2.) BEFORE the trial Court, the respondent/complainant filed the charge sheet against the appellant/2nd accused and A1 and also the absconding accused Srinivasan alleging that during November-December,1984, they along with the approver Venkatesan entered into a criminal conspiracy at Coimbatore, udumalpet and other such places to commit the offences of cheating, Criminal breach of Trust, Criminal misconduct, forgery of a valuable security, forgery for the purpose of cheating, using forged documents as genuine in order to cheat the currency Chest of Canara Bank, Coimbatore to a tune of Rs. 8. 5 lakhs.

(3.) BEFORE the trial Court, to establish the guilt of the accused, the prosecution has examined P. Ws. 1 to 23 and marked Exs. P-1 to P-49 and M. Os. 1 to 6 were also marked by the Prosecution.