N.C. PRABHU Vs. STATE

JUDGEMENT

(1.) These three criminal appeals are filed against the judgment of conviction and sentence passed in C.C. No. 54/2003 dated 12.08.2010 on the file of the learned XI Additional Special Judge for CBI, cases, Chennai. The first accused - Mr. R. Anantharaman-is the appellant in Crl. A No. 518/2010. The second accused-Mr. R.K. Kannan is the appellant in Crl. A. No. 559/2010. The fourth accused-Mr. N.C. Prabu is the appellant in Crl. A. No. 504/2010.

(2.) Based on the reliable information, the Central Bureau of Investigation, registered F.I.R., on 28.12.2001 against 1)Mr. Anantharaman, Clerk, State Bank of India, Teynampet Branch, Chennai, 2)Mr. S. Venkatesan and 3)Mr. R.K. Kannan. One of the accused turned as Approver and assisted the investigation. After obtaining the sanction to prosecute Mr. Anantharaman, a 'public servant', the final report was filed on 03.09.2003 arraying him as A- 1; Mr. R.K. Kannan ( private individual) A-2; Mr. N. Hemkumar (Private individual) A-3; Mr. N.C. Prabu (private individual) A-4; Mr. J.C. Joseph (died) and Mr. S. Venkatesan (Approver) were shown under column (2) as accused not sent up for trial.

(3.) The case against the appellants, in short is that, in the year 2001 between July and December, pursuance to the conspiracy hatched by the accused persons, one Mr. J.C. Joseph (deceased) while employed in M/s. Thomas Oakes Ltd, Chennai, had stolen 9 cheques of his company account maintained with the Central Bank of India, Corporate Finance Branch, Chennai. Forged the signature of his Managing Director through another employee by name Mr. Hemkumar (A-3). En-cashed those forged cheques through Mr. Anatharaman (A- 1); Mr. R.K. Kannan(A-2) and Mr. N.C. Prabu (A-4). Thus, fraudulently cheated the company by forging the signature and filing up the 9 stolen cheques for various sum totally to the tune of Rs. 1,07, 35,908.30/- (Rupees one crore seven lakhs thirty five thousand and thirty paise only) and withdrawn the money.