M.R. SARAVANAKUMAR Vs. STATE

JUDGEMENT

(1.) Based on the complaint, dated 21.01.2009 given by one M.R. Bagade, CBI has registered a case in Crime No. RC MAI 2009 A 0005/CBI ACB, Chennai. Seven persons were accused in the final report and charges were framed against them for the offences under Sections 120-B r/w 420 IPC and 420 IPC and Section 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988. A1 [P.K. Velayuthan], Senior Branch Manager, Syndicate Bank, Gugai Branch, Salem, A2 [Mathivanan Inbaraj], Loan Manager/Deputy Branch Manager, Syndicate Bank, Gugai Branch, Salem, A5 [B.Jayachandran], Panel Valuer of Syndicate Bank, Salem are Public Servants. A3 [M.R.Saravanakumar] and A4 [Rajesh Khanna] are Managing Partner and Partner of the M/s Easa Jewellery respectively. A6[Easwari] is the Proprietrix of M/s Roshini Silvers. A7[V.Tamilarasan] is the Proprietor of M/s S.R.V.Jewellery. Specific charges were framed against the Public Servants viz., A1[P.K.Velayuthan], A2 [Mathivanan Inbaraj] and A5 [B.Jayachandran] under Section 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988. Whereas, conspiracy to do substantial offence under Section 420 of IPC is against A1 to A7.

(2.) The trial Court has acquitted all the accused for conspiracy and the Public Servants A1[P.K.Velayuthan], A2 [Mathivanan Inbaraj] and A5 [B.Jayachandran] for the alleged offence under Section 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988. Sofar as the private individuals A3 [M.R.Saravanakumar], A6[Easwari] and A7[V.Tamilarasan] are concerned, the trial Court has found them guilty of offence under Section 420 (1 count) IPC and sentenced to undergo Rigorous Imprisonment for the period of three years(3) and to pay a fine of Rs. 20,000/- each, in default of payment of fine, to undergo Simple Imprisonment for a period of six (6) months. Challenging the said sentence, A3 [M.R.Saravanakumar], A6[Easwari] and A7[V.Tamilarasan] had preferred Crl.A.No. 534 of 2016. Challenging the acquittal of A1 to A7 for the alleged offence under Section 120B r/w 420 IPC and under Section 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988 and the acquittal of the public servants A1[P.K.Velayuthan], A2 [Mathivanan Inbaraj] and A5 [B.Jayachandran] for the alleged offence under Section 420 IPC and under Section 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988, the State has preferred Crl.A.No. 467 of 2017.

(3.) Since subject matter of both the appeals against conviction and acquittal is arising out of the same judgment, after hearing the learned counsel representing the parties, the following a common judgment is passed.