K. DEVENDAR KUMAR & ORS. Vs. STATE

JUDGEMENT

(1.) These three appeals are filed by the appellants, who are arrayed as A1 to A4 in C.C.No.34 of 2004 on the file of XI Additional Judge(CBI Cases relating to Banks and Financial Institutions), Chennai. The trial Court has convicted the appellants holding them guilty of charges under Sections 120B r/w 420 IPC, 471 r/w 466, 197 r/w 193 IPC and Section 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988 and Section 420 IPC and 471 r/w 466 IPC and 197 r/w 193 IPC respectively. The sentence passed against the appellants are as under: <FRM>JUDGEMENT_829_LAWS(MAD)3_2018_1.html</FRM>

(2.) Based on the reliable information received in the office of Superintendent of Police, ACB/CBI/Chennai, First Information Report was registered on 01.07.2003 against (1)K.Devendra kumar, then Senior Manager, Indian Overseas Bank, TM Street, Chennai; (2)T.N.Varadharajan and (3)T.N.Ravichandran, Partners of M/s Ganga Oil Agencies for the offence under Section 120B r/w 420, 467, 468 and 471 IPC and Section 13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988. The information received by the Superintendent of Police revealed that the persons shown as accused have entered into a criminal conspiracy and in pursuant of the said conspiracy, A2 and A3/partners of M/s Ganga Oil Agencies have approached the Senior Manager(A1), Indian Overseas Bank, TM Street, Chennai for enhancement of cash credit limit from Rs. 12.50 lakhs to Rs. 20.00 lakhs and offered property in Survey Nos.284/4 extent of 0.52 cents, 282/1 extent of 0.11 cents, 279/2 to an extent of 0.22 cents and 279/3 extent of 0.21 cents totally 1 acre 06 cents at Zamin Pallavaram Village, Tambaram. The partners of M/s Ganga Oil Agencies have offered the said property as collateral security. The said property is owned by Smt.Chinnammal, W/o Ganapathy Naicker. Smt.Chinnammal had purchased the property on 25.04.1945, who died intestate on 23.07.1996 leaving behind her daughter G.Kuttiammal as her sole legal heir.

(3.) The certificate issued by the Village Administrative Officer and other documents were also furnished by the partners of M/s Ganga Oil Mill in support of the above claim. But, infact, G.Kuttiammal is a fictitious person and the documents furnished by the partners of M/s Ganga Oil Agencies to enhance the cash credit limit were found to be fake. They have impersonated some one as G.Kuttiammal and had created mortgage based on fictitious documents by submitting false and fabricated documents as genuine. A1 being the Senior Manager had accepted the fake documents knowing fully well that they are genuine documents and had recommended for enhancement of cash credit limit on 11.07.2001. Based on A1 recommendation, cash credit limit had been enhanced to Rs. 20.00 lakhs. After availing the cash credit limit by furnishing fake documents M/s Ganga Oil Agencies had repaid, resulting in outstanding of Rs. 25 lakhs.