D SEKAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS appeal has been preferred against Judgment in C. C. No. 197 of 1997 on the file of the learned Principal Special Judge for CBI Cases, Chennai. The complaint was preferred by the complainant against the accused before the CBI alleging that the accused D. Sekar, Special Assistant, Oriental Bank of Commerce, was working in the Esplanade Branch of the said Bank and he was transferred to Mount Road Branch from 20. 4. 1987 till the date of suspension on 13. 2. 1995. During 1992-93 he entered into a criminal conspiracry with an unknown person to do an illegal act viz, to cheat Oriental Bank of Commerce and committed criminal misconduct by misusing or abusing his official position as Special Assistant of Oriental Bank of Commerce, Mount Road Branch, or by illegal means and thereby caused a total wrongful loss of Rs. 1,89,110/-, and in pursuance of the conspiracy accused D. Sekar fraudulently and dishonestly by adopting the same tactics, fraudulently withdrew a total sum of Rs. 67,500/ -. The amount of Rs. 25,000/- was paid to M/s AEONS Construction and the amount of Rs. 42,500/- was transferred to one of his friends account by name G. K. Mohan by making a false representation to him and subsequently withdrew the said amount through G. K. Mohan from his account and received the amount for his personal use. The accused D. Sekar in collusion with an unknown person C. Kumar by misusing or abusing his official position or by illegal means caused a wrongful loss of a total sum of Rs. 2,56,610/- to the Oriental Bank of Commerce and thereby committed the offence punishable under Section 120-B r/w 420, 420, 477-A IPC and under Section 13 (2) r/w 13 (1) (d) of the Prevention of Corruption Act, 1988. The accused D. Sekar was dismised from service on 8. 8. 1995. The case was taken on file and copies under section 207 of Cr. P. C were furnished to the accused and charges under section 120-B r/w 420, 420, 477-A IPC and under Section 13 (2) r/w 13 (1) (d) of the Prevention of Corruption Act, 1988, were framed and when questioned the accused pleaded not guilty.

(2.) ON the side of the P. Ws. 1 to 14 were examined and Ex. P. 1 to P. 179 were marked.

(3.) 3 (a)P. W. 1 is the Chief Manager, Inspection and Control Department, Oriental Bank of Commerce. He was entrusted with the work of investigating some fraud instances complained of Oriental Bank of Commerce by the Chief Vigilance Officer in the year 1995. Ex. P. 1 is report regarding his investigation submitted to the head office. Ex. P. 2 to P. 4 are the DCRs issued by our mount road branch in favour of Adayar Gate Hotel Ltd. , Madras. Ex. P. 5 to P. 8 are the FDRs issued by our Mount Road branch in favour of Adayar Gate Hotal Ltd. , The CDRs and FDRs earned interest of Rs. 2,45,120/- and above CDRs and FDRs have been renewed on 7. 1. 1992, for 12 months. The accrued interest are of Rs. 2,45,120/- was kept in Sundry deposit. Out of the interest accrued part amount of Rs. 1,62,687/- was converted as VDR No. 67/92 dated 8. 1. 1992. This CDR was issued in favour of Adayar Gate Hotel Ltd. , Madras for the period of 3 years. This amount was transferred to sundry deposit to CDR in Voucher dated 8. 1. 1992 ie. , Ex. P. 9. This was done by the accused. That the CDR was premature and principal amount of Rs. 1,62,687/- was paid to Adayar Hotel on 27. 10. 1993. The interest of Rs. 35,682-20 was paid on 2. 11. 1993 to the beneficiary namely Adayar Gate Hotel. The remaining amount of Rs. 82,433/- was converted into STDR on 13. 1. 1992. Its number is 18/92 ie. , Ex. P. 10. This was for 46 days. This STDR amount was paid on 5. 3. 1992 along with interest of Rs. 1142. 75. Out of this total amount of Rs. 83,575. 75 another STDR for Rs. 50,000/- bearing No. 84/92 favouring Adayar Gate Hotel Ltd. was issued. The credit voucher is Ex. P. 11. Out of the remaining amount of Rs. 33,575. 75 and an amount of Rs. 23,000/- were credited in the current account NO. 1303 of one Sr. P. S. Govindaraj and for Rs. 10,575. 75 CDR NO. 159/92 was issued favouring Govindaraj for a period of 36 months. The credit Voucher is Ex. P. 12. All credit vouchers are signed by the accused. The CDR was pre-closed on 17. 3. 1992 to the credit cash voucher signed by accused. The FDR issued on 5. 3. 1992 for Rs. 50,000/- was credited in to the sundry account on 18. 5. 1992 along with interest of Rs. 50,693. 15. On 20. 5. 1992 from the sundry account sum of Rs. 50,693-15 was converted into STDR bearing No. 193/92 and 194/92 for Rs. 10,000/- and 15,000/- favouring K. Ravi for a period of 46 days. The balance of Rs. 25,000/- has been utitlised in pay order in favour of AEONS Constructions. The said construction encashed the pay order. The pay order is Ex. P. 13 for Rs. 10,000/- STDR credit voucher is Ex. P. 14. For 15,000/- STDR credit voucher is Ex. P. 15. Both the STDR were premature and paid on 23. 5. 1992 through credit cash voucher passed by the accused. AEONS construction is neither having account in the bank nor deposit. The remaining amount of Rs. 693. 15 was credited in the interest paid in CDR account and the credit voucher is Ex. P. 16. By this process the accused has misappropriated a sum of Rs. 83,575. 75 on the date of his investigation.