LAWS(APH)-2015-4-17

D RAJASEKHAR Vs. STATE OF A P

Decided On April 20, 2015
D Rajasekhar Appellant
V/S
STATE OF A P Respondents

JUDGEMENT

(1.) THIS Criminal Revision Case under Sections 397 and 401 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C') is filed by the revision petitioner herein challenging the judgment dated 01.04.2008, passed by the I Additional Metropolitan Sessions Judge, Hyderabad, in Criminal Appeal No.129 of 2005, whereunder and whereby the conviction and sentence passed against the revision petitioner herein for the offence punishable under Section 420 of the Indian Penal Code, 1860 (for short, 'I.P.C') vide judgment dated 11.04.2005, by the XXI Metropolitan Magistrate, Hyderabad, in C.C.No.172 of 1999, was confirmed.

(2.) THE revision petitioner herein is A.1, whereas respondent is the complainant in C.C.No.172 of 1999 before the trial Court. For the sake of convenience, the parties hereinafter will be referred to as they are arrayed in the C.C before the trial Court.

(3.) THE brief facts of the case are that on 05.11.1998, a complaint was lodged by PW.1 -Regional Risk Manager of City Bank alleging that A.1 approached their direct Sales Agent M/s.Mahalakshmi Motors Ltd., in the month of November, 1996 representing that he was the registered owner of Maruthi Esteem Car bearing No.AP.5E.567 and requested for sanction of loan of Rs.3,76,000/ - under re -finance category. He submitted his application form, photos, copies of R.C books, Insurance papers, Invoice, Income Tax returns and his signature was authenticated by Indus Ind Bank Limited of Secunderabad Branch. Believing A.1's documents, loan was released after it was processed. Subsequently, the authorities of City Bank came to know that the documents submitted by A.1 are forged and fabricated. After receiving the complaint, the police registered the same as a case in Cr.No.288 of 1998 for the offences punishable under Sections 420, 468 and 471 I.P.C and investigated the matter. During the course of investigation, the Inspector of Police recorded the statements of PWs.1 to 5, other witnesses and collected necessary documents. On 19.11.1998 the Inspector of Police -R.Rajendra Prasad apprehended A.1 at his residence, recorded his confessional statement in the presence of PW.4 and one Md. Iqbal, and sent him to the Court for judicial custody. In pursuance of the confession, the Inspector of Police seized forged rubber stamps at the residence of A.1 on 22.11.1998 at his instance. A.1 also confessed that A.2 and A.3 cooperated him in verification and A.4 co -operated him in preparing the Insurance papers. The Sub -Inspector of Police B. Venkat Ratnam verified the particulars of the R.C book with PW.5 and found that the documents are forged and fake. PW.2 informed that A.1 opened an account in their Bank, encashed the demand draft and withdrawn the amount. The Investigation established that A.1 got prepared fake R.C book for the vehicle bearing No.AP.5E.567, Insurance papers, Income Tax returns etc., with the assistance of A.4 and submitted loan application to the said Bank; that A.2 and A.3 being the verification officers with their common intention submitted false reports and thereby assisted A.1 in getting the loan; and that after getting the car loan sanctioned, A.1 encashed the demand draft for an amount of Rs.3,76,000/ - on 23.11.1996 in Indus Ind Bank in his account bearing No.202301 -001, withdrawn the same through cheques and failed to repay the loan amount to the Bank. Further, the investigation also revealed that without having the car bearing No.AP.5E.567, A.1 submitted fake and forged R.C papers and thus all the accused with a common intention cheated the complainant -City Bank and caused wrongful loss. Thus, the Inspector of Police -B.Ashok Kumar after completing the Investigation arrested A.2 on 23.08.1999, separated the case against A.3 and A.4 and finally filed the charge sheet against A.1 and A.2 for the offences punishable under Sections 420, 468 and 471 read with 34 I.P.C into the Court.