CHITA NARASIMHA PRASAD Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) Criminal Appeal No.1306 of 1999 was preferred by A-1 and Criminal Appeal No.1364 of 1999 was preferred by A-2 in C.C. No.15 of 1996 on the file of the Special Judge for C.B.I. Cases, Visakhapatnam. A-1 was charged for the offences under Sections 120(B), 420, 468, 465, 471 and 477(A) I.P.C. and Section 13(1)(d)(ii) read with 13(2) of the Prevention of Corruption Act, 1988 (for short 'the Act'). A-2 was charged for the offences under Sections 120(B), 420 and 468 I.P.C. Both of them denied the respective charges and claimed for trial.

(2.) The case of the prosecution is briefly as follows: A-1 worked as a Branch Manager and A-2 as a temporary Sweeper, in Andhra Bank, Nimmakuru Branch. During the year 1991-92, A-1 and A-2 entered into a criminal conspiracy to cheat Andhra Bank and in pursuance thereof, A-1 sanctioned and disbursed eight loans in the names of non- existing persons and misappropriated Rs.85,000/- by drawing the amounts towards loans in the names of non-existing persons. A-1 falsified the loan documents in the names of different persons. A-1 used the forged documents as genuine and cheated the Bank to a tune of Rs.85,000/-. A-1 abused his official position and obtained fictitious loans himself. Since A-2 conspired with A-1 in the commission of the offence, both of them are punishable for the offences mentioned in the respective charges. Accordingly, after completing the investigation, the police laid the charge-sheet.

(3.) The prosecution, in order to prove the guilt of the appellants, examined PWs. 1 to 22 and marked Exs.P-1 to P-56. No oral evidence was adduced on defence side, but Ex.B-1 was marked.