V GANESH Vs. STATE BY INSPECTOR OF POLICE

JUDGEMENT

(1.) These two Criminal Appeal No:91 of 2007 and Criminal Appeal No:5 of 2017 are filed by the Appellants [A1] Rakesh Malhothra and V.Ganesh [A2] in Special C.C.No.58 of 2000 on the file of learned Additional Special Judge for C.B.I, Chennai dated 29.12.2006 wherein the appellants were found guilty by the Trial Court.

(2.) Rakesh Malhothra [A1] the appellant herein is sentenced to undergo 3 years R.I and fine of Rs.5,000/- in default 6 months S.I for offence under Section 120B r/w 420 of IPC and 2 years R.I and a fine of Rs.5,000/- in default 6 months S.I for offence under Section 13(2) r/w 13(1)(d) of Prevention of Corruption Act and V.Ganesh [A2] appellant herein sentenced to undergo 5 years R.I and a fine of Rs.20,000/- in default 6 months S.I for offence under Section 120 r/w 420 IPC. The period of sentence imposed on A1 shall run concurrently. The period of imprisonment already undergone shall be set off under section 428 of Cr.P.C.

(3.) The charge against the appellant is that A1[Rakesh Malhothra], while working as Senior Manager in Oriental Bank of Commerce, Mount Road, Chennai entered into criminal conspricy with A2 [V.Ganesh] to do illegal act viz., to cheat the Oriental Bank of Commerce, Mount Road, Chennai and to commit criminal misconduct. In pursuant to the conspiracy A2 [V.Ganesh] opened Current accounts in Oriental Bank of Commerce in the name of M/s.Golden Harvest Trading Corporation, Chennai and M/s.Super Capital Marketers and Associates on 15.06.1992 and 22.07.1992 respectively. In his capacity as the branch Manager, these two accounts were introduced by the Rakesh Malhothra [A1]. On 21.12.1992 V.Ganesh [A2] presented a conditional letter of credit bearing No.DPC-OCB-205864 dated 11.12.1992 for US $ 2 Million by M/s. Global Trade Insurance and Management Pvt.Ltd, Singapore with Oriental Bank of Commerce, Mount Road, Chennai drawn at Hong Kong and Shangai Banking Corporation, Singapore.