M L BALASUBRAMANIAM Vs. STATE

JUDGEMENT

(1.) (This appeal is filed against the Judgment made in C.C.No.140 of 1997 dated 30.11.1998 by the learned Principal Sessions Judge/Special Judge for CBI Cases, Chennai.) This appeal has been preferred against the Judgment in C.C.No.140 of 1997 on the file of the Principal Sessions Judge/Special Judge for CBI Cases, Chennai.

(2.) THE accused Mr. M.L. Balasubramaniam was working as a Clerk-cum-Cashier at Bank of India, Melapallipattu Branch, Tiruvannamalai-Sembuvarayar District. During the relevant period ie., from 17.9.1990 to 20.8.1991, the charge against the accused is that while he was working as a Clerk-cum-Cashier at Bank of India, Melapallipattu Branch, fraudulently and dishonestly by misusing his official position as a Bank employee has misappropriated the amounts entrusted to him by the bank's customers viz., M/s. E.R. Chandrasekaran (P.W.4),T. Gangadharan (P.W.5),V. Krishnan(P.W.6) S. Appakutti(P.W.7), V.K. Krishnan(P.W.8) and T. Muthusamy(P.W.9). When the above said witnesses came to deposit the amounts in the said branch of Bank of India, the amounts were received by the accused as a Cashier of the said Bank and in token of receipt of the said amount, he had made relevant entries in the pay-in-slip, passbook of the account holders and initialled it. But without remitting the said amount, had made false entries in the ledger without making entries in the scroll book and cash receipt book and thereby misappropriated a total amount of Rs.58,500/-. Hence the accused has been charged under Section 409,477A,201 I.P.C and Section 13(2) r/w 13(1)(c)and (d) of the Prevention of Corruption Act 1988 and the accused was dismissed from service on 22.11.1993.

(3.) WHEN incriminating circumstances were put to the accused under Section 313 of Cr.P.C., the accused denied his complicity with the crime.