M S S RAMAM Vs. INSPECTOR OF POLICE

JUDGEMENT

(1.) The appellant herein while functioning as Branch Manager in State Bank of India, Chennai Habour branch was placed under suspension w.e.f. 07.08.1998 for alleged fraud to a tune of Rs.21 lakhs by abusing his position as Branch Manager and making unauthorised credit entries in the account of M.L.Prasad and M.L.V.Ratnamala his son and daughter respectively. Later he withdrew the amount by adding him as one of the constitute of the said account. Out of 107 false credit entries, 93 entries were made by the appellant himself in the ledger sheet and also he had failed to make one debit credit of Rs.15,000/- dated 11.02.1997 which he later withdrew by making fictitious credit in Savings Bank A/c No.S-40 so as to screen the trail of money. It has also come to a light that the appellant while functioning as accountant in Park Town Branch during the period January 1997 to November 1995 had removed NSC, TDR's and other securities which was pledged by the loaners for availing overdraft facilities and made use of those securities to avail demand loan to a tune of Rs.1,55,000/- and for certain other misdeeds committed while serving as Accountant in the Park Town Branch and Manager in Habour Branch.

(2.) A complaint was lodged to the Superintendent of Police, C.B.I on 31.08.1998 by the Deputy General Manager, State Bank of India. On receipt of the complaint, C.B.I registered the First Information Report and took up the investigation. Since, the material collected during the course of investigation disclosed that this appellant with intend to defraud the bank got the Savings Bank No.27/803 opened in the name of M.L.Prasad and M.L.V.Ratnamala at State Bank of India Chennai, Habour Branch with specimen signature of M.L.V.Ratnamala alone and later dishonestly and fraudulently added his name as one of the constitute by abusing his official position as Branch Manager. He had made 71 fraudulent credit entries in the ledger account of Saving Bank No.27/803 aggregate to the amount of Rs.9,83,000/- between 30.01.1997 to 17.12.1997. On 11.02.1997 withdrawal of Rs.15,000/- from the said account caused to be omitted dishonestly by this appellant in the ledger sheet of State Bank of India in SB A/c.No.27/803. The amount fraudulently credited and amount fraudulently omitted to be debited form the SB account No.27/803 were withdrawn through withdrawal slips signed by the appellant for himself and also by forging the signature of his son M.L.Prasad in 16 cheques pertaining to this account. The final report had also placed material to show that the appellant had made three fraudulent credit entries for a sum of Rs.8,000/- Rs.3,000/- and Rs.4,000/-. Totally Rs.15,000/- in the ledger sheet of the staff A/c.No.S-40 during the period between January 1997 to March 1998. Later, he had withdrawn a sum of Rs.18,150/- from his staff Account No.S-40. To cover up the fraudulent act, the appellant had manipulated the entries in the Savings Bank day book for the period between April 1997 to December 1997. The General ledger for SB Account, General Ledger for Savings Bank Interest, SB Progressive for Staff ledger, SB Master Progressive Book for ledger, SB progressive book for ledger No.27 for the period from January 1997 to December 1997 thereby, obtained pecuniary advantage of Rs.10,13,000/- by abusing his official position.

(3.) On the basis of the final report, the trial Court had framed 13 charges against the appellant for the offences of forging the document, using the forged document as genuine, forging of valuable security, dishonest use of forged document as genuine, cheating of State Bank of India to a tune of Rs.10,52,000/- for abuse of his official position as public servant for obtaining pecuniary advantage, 13 charges were framed for different distinct offence alleged to have been committed by the appellant.