C H PEDDANNA Vs. STATE

JUDGEMENT

(1.) Since these appeals arise out of some judgment, they are being taken up together and disposed of by way of this common judgment.

(2.) Criminal Appeal No. 524 of 2003 by the appellant-A-2, Criminal Appeal No. 534 of 2003 by the appellant-A-3 and Criminal Appeal No. 546 of 2003 by the appellant- A-1 under Section 374 (2) Cr.P.C. are directed against the judgment, dated 21-5-2003, in C.C.No. 1 of 1998, on the file of the Special Judge for CBI Cases, Visakhapatnam, whereunder and whereby A-1 was convicted of the charge under Section 13(l)(d) read with 13(2) of the Prevention of Corruption Act, 1988 (for brevity 'the Act') and sentenced to undergo Simple Imprisonment for a period of three years and also to pay a fine of Rs. 5,000/-, in default to undergo Simple Imprisonment for a period of one month, further convicted of the charges under Sections 120-B, 420, 467, 468, 465 and 471 of the Indian Penal Code, 1860 (for short 'IPC') and sentenced to undergo Simple Imprisonment for two years under each count, A-2 was convicted of the charges under Sections 120-B, 420, 467, 468, 465 and 471 IPC and sentenced undergo Simple Imprisonment for two years under each count and also pay a fine of Rs. 5,000/-, in default to undergo Simple Imprisonment for one month for the offence punishable under Section 420 IPC and A-3 was convicted of the charges under Sections 120-B, 420, 467, 468, 465 and 471 IPC and sentenced to undergo Simple Imprisonment for one year under each count and also to pay a fine of Rs. 1,000/-, in default to undergo Simple Imprisonment for one month for the offence punishable under Section 420 IPC and all the sentences were directed to run concurrently.

(3.) Brief facts, that are necessary for disposal of the present Criminal Appeals, may be stated as follows: On 20-09-1995, A-1 handed over one blank cheque books (Ex. P-10) bearing No. 774421 to 774430 to P.W. 3 representative of P.W. 2 account holder of S.B.A/c No. 1751 by removing one cheques leaf No. 774430 (Ex. P-6) without the knowledge of P.W. 3. A-2 filed the cheques for drawal of Rs. 47,000/- in the name of one B. V. Rambabu and A-3 forged the signature of P.W. 2 the actual account holder. A-2 presented the said cheques at Andhra Bank, Medical College Branch, Guntur on 28-9-1995 along with P.W. 12 who is taken as an approver. A-1 who worked as cashier on that day dishonestly and fraudulently handed over a sum of Rs. 47,000/- to A-2 knowing fully well that A-2 is his cousin and is not B.V. Rambabu. On 29-9-1995, A-1 handed over one blank cheque book bearing No. 438401 to 438450 to P.W. 6 representative of P.W. 18, Vice Principal, Guntur Medical College and account holder of S.B.A/c No. 173 by removing one blank cheque leaf bearing No. 438449 (Ex. P-7) without the knowledge of P.W. 14 who is taken as an approver to fill up the blank cheque for withdrawal of Rs. 1,47,000/- and A-1 forged the signature of P.W. 18, the actual account holder. A-1 prepared one counterfeit rubber stamp of Principal, Guntur Medical College and put its impression on the said cheque and the said forged cheque was fraudulently withdrawn by A-1 by signing as one P.V. Chowdari from A/c No. 173. It is alleged that originally the local police of Nagarampalem in Guntur registered a case against the accused and after conducting part of the investigation, obtained permission from the Magistrate to handover the investigation to C.B.I. As per the directions of the Superintendent of Police, P.W. 19- Inspector of Police, C.B.I. registered a case and issued Ex. P-32 FIR. P.W. 19 collected documents from Andhra Bank, Guntur Medical College Branch under Ex. P-20, seized Xerox copies of two cheques. He examined P.Ws.1 to 12, 14 and 18 and other witnesses and recorded their statements. He collected specimen signatures of A-2, P.Ws. 14 and 18and obtained expert opinion on the same. On the requisition of P.W. 19, III Metropolitan Magistrate, Visakhapatnam recorded the statements of A-2, P.Ws. 12 and 14. P.W. 19 obtained Ex. P-23 sanction order for prosecuting A-.1 During the investigation, P.W. 19 filed petition before the concerned Magistrate for grant of pardon to P.Ws. 12 and 14 as they wanted them to be cited as witnesses. As per the orders of the Magistrate, the statements of P.Ws. 12 and 14 under Section 164 Cr.P.C. were again recorded by the Magistrate and tendered pardon to P.Ws. 12 and 14. After completion of investigation, P.W. 19 filed the charge sheet.