C. SHANMUGAM Vs. THE INSPECTOR OF POLICE

JUDGEMENT

(1.) This Criminal Appeal is directed against the judgment of XI Additional Judge for CBI Cases, Chennai in C.C.No. 31 of 2004 dated 29.12.2008 for the offences under Sections 120B, 420, 467, 467 r/w 471 of the Indian Penal Code and Section 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988.

(2.) The case of the prosecution, as told by the witnesses for prosecution and unfold through documents is that, One Mr. Abdullah, a NRI, residing at Singapore, had opened a NRI Account No. 14116 in Indian Overseas Bank, Sirkali branch on 07.10.1992 with an initial deposit of Rs. 50,000/-. The request to open the account has been routed through the Singapore branch and the relevant documents are exhibited as prosecution Exs.P4 to P9. The account ledger with folio No. 32 for the new NRI Account No. 14116 opened on 07.10.1992 in the name of Abdullah is marked as Ex.P10. Abdullah was issued cheque book containing leaves No. 426531 to 426540 to operate the account. The cheque book issue register is marked as Ex.P11 and the relevant entry for issuance of the above cheque book is separately marked as Ex.P13. The said Abdullah had deposited a sum of Rs. 1,250/- on 23.03.1993 and a sum of Rs. 60,000/- on 26.05.1994. While so, when Abdullah came to know that his cheque for Rs. 1,00,000/- drawn in favour of National Polypack Company was not honoured by the Indian Overseas Bank, Srikali Branch, he has given a complaint on 12.06.1994 marked as Ex.P49 to look into the matter and find out how the money has been debited in his account without he withdrawing it. This has prompted the bank higher officials at Zonal level to appoint Mr. T. Ramanathan, Deputy Chief Officer attached to Vigilance Department of Indian Overseas Bank Zonal Office at Trichy to investigate the matter. T. Ramanathan examined as PW 15 has submitted his report to the Zonal Office wherein, he has stated that C. Shanmugam (Accused/appellant) has stealthily stolen two cheque book from Srikali Branch and forged the signature of Abdullah, NRI Account holder No.NRE S B 14116 and withdrew a total sum of Rs. 68,200/- between 24.08.1993 to 10.06.1994 on 9 occasions. In the said process, he has connived with four other persons namely, G. Rajarajaseelan, S. Kalimurthy, M. Palanivelu and Mr. Ravi.

(3.) The matter has been taken note by the CBI and the First Information Report has been registered on 28.10.1994 quoting reliable information received by the office of SP, CBI, ACB, Chennai. The First Information Report marked as Ex.P51 runs as below: