S.SUKUMARAN Vs. STATE BANK OF INDORE

JUDGEMENT

(1.) This Criminal Appeal has been filed as against the judgment dated 02.12.2004 made in C.C.No.215 of 1989 on the file of the VI Additional City Civil Court, Chennai.

(2.) The brief case of the prosecution is that one K.G.Sakhalkar was the then Branch Manager and was working in MM Grade Scale III and S.Sukumaran was the Officer in JM Senior Grade Scale I. The said K.G.Sakhalkar had no power or authority to purchase cheques more than Rs.25 Lakhs and S.Sukumaran do not have power to purchase the cheques more than Rs.25 Lakhs vest with the Managing Director of the Bank. During the tenure of their service they developed an unlawful understanding with one K.Sreedharan who was trading in his individual name as well as in different firm names to commit cheating and misappropriation on the Bank's funds and in pursuance of the same, the said K.G.Sakhalkar and S.Sukumaran had allowed the said Sreedharan and other firms to obtain Bankers cheques from the State Bank of Indore, Madras Branch for several Lakhs of Rupees.

(3.) With the above said allegations, initially, the then Chief Vigilance Officer made complaint on 10.05.2004 to CBI for taking appropriate action. However, the CBI after conducting detailed investigation on 16.09.1983 closed the complaint on the ground that there is no sufficient evidence to prosecute the accused. However, the investigation disclosed that the accused violated the Conduct Rules and hence recommended for departmental proceedings and accordingly requested the Court for closing the FIR. The said document was marked as Ex.D17. Original complaint is 53 days after closure report. The first respondent/ State Bank of Indore, Chennai Branch, filed private complaint under Section 200 of Cr.P.C. before the VI Additional City Civil Court, Chennai.