MANOHAR AHUJA Vs. STATE

JUDGEMENT

(1.) THIS revision has been filed against the order of dismissal of the Discharge Petition in Crl. M. P. No: 8 of 2004 in C. C. No. 2 of 2003 by the Second Additional District Judge (for CBI Cases), Coimbatore.

(2.) THE brief facts of the prosecution case are as follows:- (a) THE revision petitioner is A. 4 in the said case. A. 1, a public servant was the Branch Manager, Central Bank of India, Ooty Branch during the period from 24. 5. 1999 to 3. 7. 2001. A. 2 R. Sanjeevi is a private person, resident of Kodaikkanal and engaged in real estate business. He opened an SB Account bearing No. 10301 on 30. 11. 2000 in Central Bank of India, Ooty Branch, with an initial deposit of Rs. 500/=. He was introduced by a retired Army officer, Lt. Col. S. K. Sundaram, A. 3. he was working as Assistant Director, ex-Servicemen Welfare Board, Coimbatore and he is also having an SB Account in the said Branch. A. 4, the revision petitioner herein is a private person engaged in Finance Business. (b) According to the prosecution, A. 1 to A. 4 during 2000-2001 entered into criminal conspiracy at Ooty, Chennai and other places with one another to cheat the Central Bank of India, Ooty Branch and in pursuance of their criminal conspiracy created fake and fabricated documents, used forged documents as genuine and in the process caused disappearance of documents and thereby caused a wrongful loss of Rs. 1,00,00,000/= to Central Bank of India, Ooty Branch and corresponding wrongful gain to themselves. In pursuance of the criminal conspiracy, the petitioner herein with a fraudulent intention, advised L. W. 1 Thadani Gulabrai Bhagchand, an Non Resident Indian residing in Hong Kong and the Managing Director of M/s. Interocean mercantile (Hong Kong) Ltd. , to transfer the maturity proceeds of one of his FCNR deposit with Catholic Syrian Bank Ltd. , Chennai for USD 5,28,362/= which was due to mature on 20. 12. 2000 to Central Bank of India, Ooty Branch for placing in FCNR deposit for one year in the name of LW. 1. L. W. 1 accordingly transferred the amount believing A. 4 and also sent an application form for opening an FCNR account duly filed to the Central Bank of India, Ooty Branch vide his letter dated 5. 2. 201 with a request that the deposit receipt be sent to his Hong Kong address. THE said amount was received in the Foreign Exchange International division of the Central Bank of India, Mumbai and the amount was transferred to the Ooty Branch vide letter dated 27. 12. 2000 which was acknowledged by A. 1. (c) A. 1 in furtherance of the criminal conspiracy with a. 2, A. 3 and A. 4 and by abusing his official position, instead of sending the fcnr (B) deposit receipt dated 27. 12. 2000 for USD 5,28,336 to LW. 1 directly by airmail/courier, dishonestly and fraudulently sanctioned a third party loan of rs. 15 lakhs to A. 2 based on a fake and forged power of attorney purported to have been given by L. W. 1, against the security of the said FCNR (B) Deposit without the knowledge and consent of the depositor. A. 1 himself prepared and passed debit and credit vouchers dated 29. 12. 2000 for Rs. 15 lakhs favour A. 2 debiting the loan account 32/197 and crediting the S. B. A/c. No. 10301 of A. 2. On the same day, A. 2 withdrew a total amount of Rs. 14,95,000/= from his SB Account by way of two cheques and the cheqeus were passed by A. 1. He has also issued the cheque book to facilitate such withdrawal by A. 2. A. 1 in abuse of his official position, did not mark lien on the deposit receipt on 29. 12. 2000. A. 1 also sanctioned another loan of Rs. 55,03,000/= on 4. 1. 2001 to A. 2 against the security of the said FCNR (B) deposit. THE amount was credited to the loan account No. 32/200 in the name of A. 2. Out of this Rs. 55,03,000/= an amount of rs. 15,02,200/= was credited to the loan account No. 32/197 for its closure and the remaining amount of Rs. 40,00,800/= was credited to the SB Account of A. 2. All the relevant debit and credit vouchers were filled in and passed by A. 1. A. 2 also obtained a T. T on 4. 1. 201 itself for Rs. 40 lakhs payable at perumalmalai Branch of Central Bank of India, Kodaikkanal, where he opened another SB account on 4. 1. 2001. Subsequently various amounts were withdrawn in cash or by cheques issued by A. 2. (d) In order to prevent the depositor from coming to know the fraud perpetrated against his deposit, A. 1 to A. 4 had dishonestly and fraudulently sent a fake FCNR deposit receipt to the depositor which was held by him presuming it to be the original till June 2001. Subsequently, the petitioner herein convinced LW. 1 to transfer the FCNR (B) deposit from Ooty branch to Perumalmalai Branch and L. W. 1 also sent the CNR (B) deposit receipt held by him believing it to be original to Central Bank of India, Ooty Branch for its transfer to Perumalmalai Branch, Kodaikkanal. A. 1 in criminal conspiracy with A. 2 to A. 4 caused disappearance of the said deposit receipt sent by LW. 1 knowing fully well that it was a fake one since the genuine original FCNR (B) was lying with the Bank under lien. (e) One S. Kuppan Chetiar, a resident of Singapore, an nri, transferred Rs. 30 lakhs to Central Bank of India, Ooty Branch by way of demand Draft dated 12. 3. 2001 issued by Charminar Cooperative Bank for issue of nrnr (Non-resident Non-repatriable) deposit in his name for one year. When this was realised on 22. 3. 2001, A. 1 in criminal conspiracy with A. 2 and A. 3, opened an MMDC (money Multiplier Deposit Certificate) dated 22. 3. 2001 for Rs. 30 lakhs instead of NRNR deposit as demanded by the depositor. A. 1 also dishonestly sanctioned a loan of Rs. 27 lakhs on 27. 3. 201 in the name of the depositor s. Kuppan Chettiar against the security of the said MMDC deposit receipt without the knowledge and consent of the depositor and based on the forged signature of the deposit on the reverse side of MMDC deposit certificate. THE entire loan amount of Rs. 17 lakhs sanctioned by A. 1 was transferred to the SB account of a. 3. THE relevant debit and credit vouchers were passed by A. 1 A. 3 on 27. 3. 2001 itself withdrew Rs. 5 lakhs by way of cheque and issued another cheque for rs. 19,83,960/= towards the issue of two DDs favour one S. Raghunathan a chartered Accountant in Chennai and one D. Thiruvengadam of Chennai for rs. 9,90,000/= each and later withdrew the remaining amount for his personal purposes. (f) THE specific allegation against the revision petitioner herein is that in criminal conspiracy with A. 1 to A. 3 advised L. W. 1 during May 2001 to transfer the maturity proceeds of one of his NRNR Cumulative certificate with Dhanalakshmi Bank Ltd,. Coimabtroe Branch to Central Bank of india, Ooty Branch. L. W. 1 unaware o the fraud perpetrated against his FCNR (B)in Central Bank of India, Ooty Branch transferred Rs. 1 crore being the principal amount of his NRNR deposit maintained with Dhanalakshmi Bank Ltd. , which matured on 2. 6. 2001 to the Central Bank of India, Ooty Branch on the advise of A. 4, the revision petitioner. A. 1 in conspiracy with A. 2 to A. 4, on realisation of the 1 crore of rupees from Dhanalakshmi Bank Ltd. , on 12. 6. 2001 misutlised the proceeds by crediting an amount of Rs. 58,00,620/= to the demand loan account sanctioned to A. 2 on 4. 1. 2001 for its closure and the remaining amount of Rs. 41,99,380/= to the SB Account of A. 2 on 12. 6. 2001. THE relevant credit vouchers dated 12. 6. 2001 are prepared and passed by A. 1. A fake MMDC dated 18. 7. 2001 for Rs. 1 crore to the depositor L. W. 1 was issued. A. 2 in furtherance of the criminal conspiracy with A. 2 and A. 3 issued a cheque dated 12. 6. 2001 for Rs. 27,61,320 favouring A. 3. THE proceeds of this cheque were credited to the SB account of A. 3 after duly passing relevant credit voucher by a. 1 himself. A. 3 on his part issued a cheque dated 2. 6. 2001 for Rs. 27,61,320 for closure of the demand loan A/c. No. 32/247 in the name of Kuppan Chettiar. THE relevant credit slip dated 12. 6. 2001 crediting the amount to DL a/c. NO. 32/247 is prepared and passed by A. 1. (g) By the aforesaid acts, A. 1 to A. 4 in furtherance of their criminal conspiracy during 2000-2001 cheated the Central Bank of India, ooty Branch to an extent of Rs. 1 crore resulting in wrongful loss to the Bank and corresponding wrongful gain to themselves which are punishable under section 120b r/w. 420 IPC, 201m, 468, 471 IPC and Section 13 (2) r/w. 13 (i) (d) of the Prevention of Corruption Act 1988.

(3.) ON hearing both sides, the learned II Additional sessions Judge, CBI Cases, Coimbatore found that there are prima facie case against the petitioner and therefore dismissed the discharge petition filed by him. Hence, this Criminal Revision Case.