P. VENKATA LAXMI NARSIMHA RAO Vs. STATE

JUDGEMENT

(1.) Both the Criminal Revision Cases are being disposed of by this common judgment since they are directed against the common judgment, dtd. 25/3/2014, passed in Crl.A.No.98 of 2009 and Crl.A.No.104 of 2009 on the file of the Motor Vehicle Accident Claims Tribunal-cum-XI-Additional District and Sessions Judge (FTC), Ranga Reddy District.

(2.) The revision petitioner in Crl.R.C.No.674 of 2014 is A-2 and the revision petitioner in Crl.R.C.No.697 of 2014 is A-3. For the sake of convenience, they will be hereafter referred to as A-2 and A-3 respectively.

(3.) The case of the prosecution is that the State Bank of Hyderabad has opened its Branch in the campus of National Institute for Rural Development (NIRD), Rajendranagar, for NIRD transactions through its account No.843. On 16/10/2002, A-1 (Raghavendra) has opened an S.B. Account No.959 and R.D Account No.838 in S.B.H., NIRD Extension Counter, Rajendranagar, without his photograph with the active connivance of A-2 and A-3, who were working as Junior Assistant and Attender respectively in the said branch (revision petitioners herein). A-4 has allowed opening the account of A-1 without observing any bank rules and norms. A-1 was introduced as Civil Contractor of NIRD by A-3. An amount Rs.13,92,000.00 was credited to the savings bank account of A-1 through four cheques bearing Nos.765675, dtd. 16/10/2002; 765674, dtd. 24/10/2002; 765678 dtd. 13/11/2002 and 765677 dtd. 24/12/2002 from NIRD Account No.843 and that A-1 has withdrawn an amount of Rs.13,87,000.00 from his S.B. Account No.959 through nine cheques vide Nos.757621 dtd. 16/10/2002; 757623 dtd. 25/10/2002; 757624 dtd. 26/10/2002; 757652 dtd. 26/10/2002; 757626 dtd. 26/10/2002; 757629 dtd. 13/11/2002; 757630 dtd. 15/11/2002; 757632 dtd. 26/10/2002 and 757633 dtd. 4/1/2003. A-4 has passed two cheques and A-7 has passed another two cheques that were credited from Account Nos. 843 to 959 of A-1 for an amount of Rs.13,92,000.00 without any verification. Subsequently, A-1 has withdrawn an amount of Rs.13,87,000.00 from his S.B. Account No.959, where A-4 has passed six cheques, A-7 has passed three cheques, and A-8 has passed one cheque of A-1. From this amount, Rs.4,02,000.00 has been withdrawn by A-3 on behalf of A-1 on 26/12/2002. The NIRD employee and the bank officials i.e., A-3 to A-8 were colluded with A-1 and conspired to cheat the SBH, NIRD Extension Counter by forging the signatures and misappropriated the huge amount of Rs.13,92,000.00, thereby the SBH, NIRD Extension has reimbursed an amount of Rs.13,92,000.00 to NIRD on 30/4/2003 due to their negligent acts. Hence, A-1 has committed the offences punishable under Ss. 420 and 468 of I.P.C.; A-2 to A-8 have committed the offences punishable under Ss. 420, 409, 468, 471 and 120B read with Sec. 34 of I.P.C. After completion of investigation, the Police filed charge sheet against A-1 to A-8 for the aforesaid offences, which was taken cognizance as C.C.No.2437 of 2005 against A-2, A-3, A-5 to A-8 and the case against A-1 and A-4 was split up vide C.C.No.492 of 2006 as they were absconding.