Sri B.r.madhusudhan Rao
PRL. SPL. JUDGE FOR CBI CASES, HYD.
HYD, CBI Court Complex · Hyderabad · Telangana
SRI B.R.MADHUSUDHAN RAO, PRL. SPL. JUDGE FOR CBI CASES, HYD., is posted at HYD, CBI Court Complex, Hyderabad, Telangana, India. 254 court orders on record since 2018. 25 judgments with full text available. Primarily handles CRL, CC, CRLA cases.
Featured Judgments
P.1 CC No.14 of 1998
IN THE COURT OF THE I ADDITIONAL SPECIAL JUDGE FOR CBI CASES,
HYDERABAD.
Dated : Monday, the 05th day of October, 2020.
Present : B.R.Madhusudhan Rao,
Principal Special Judge for CBI Cases,
FAC I Addl. Special Judge for CBI Cases, Hyderabad.
C.C.No. 14 of 1998
Between :
State represented by CBI/SPE/Hyderabad.
... Complainant
AND 1:Sri D.Narasimha Reddy S/o. Shankar Reddy Flat No.304, Lumbini Enclave Panjagutta, Hyderabad.
2:Sri Madhusudan K. Jani S/o. Kannaiahlal Jani 28, Pranov, Ashoknagar Society, 9th Road, JVPD Scheme, Bombay – 49. (Case against A-2 is abated as per docket order dt.15.09.2015 since died).
3:Sri B.S.Neelakanta S/o. Late Sri B.Somasekhar Flat No.102, Tejesvi Apartments, Panjagutta, Hyderabad.
4:Sri M.Aravind Reddy S/o. Late Sri M.C.Kesava Reddy, 44 years, Plot No.271, Road No.10 Jubilee Hills, Hyderabad. (Discharged) 5:Sri B.Naganna S/o. Sri B.Somasekhar Plot No.6, Durga Nagar, Panjagutta, Hyderabad (Case against A-5 is abated as per docket order dt.26.03.2007 since died).
6:Sri Mahesh A. Raju S/o. Sri A.V.Raju 35 years, Plot No.60, Siddardha Nagar Hyderabad.
7:Sri P.V.K.Raju S/o. Rajam Raju 62 years, Plot No.60, Siddardha Nagar Hyderabad.
P.2 CC No.14 of 1998 8:Sri Sadasiv Bhatt S/o. Late Sri B.M.Bhatt 62 year, Managing Director Srihatkesh Marketing Pvt. Ltd., 1, Balaji Enclave, Secunderabad-9 9:Sri P.Saibabu S/o. Sri P.V.Narasimha Rao 37 years, 390, Gandhinagar, Hyderabad. (Case against A-9 is abated as per docket order dt.26.02.2015 since died).
10:Sri R.Seshagiri Rao S/o. Sri R.Venugopal Rao 50 years, 30-272/5, Santoshima Nagar Neredmet, Secunderabad. (Case against A-10 is abated as per docket order dt.13.06.2012 since died).
11:Sri A.V.K.Raju 37 years, D.No.8-1-332/3, Vijaya Gardens, Tolichowki, Hyderabad. (Case against A-11 is abated as per docket order dt.11.02.2019 since died).
12:Sri B.Sivakumar S/o. Sri B.Naganna 20 years, Plot No.6, Durganagar Apartments, Dwarakapuri, Panjagutta, Hyderabad.
13:Sri B.Nagaraj S/o. Sri Basavalingappa Flat No.102, Tejesvi Apartments, Dwarakapuri Colony, Panjagutta, Hyderabad.
14:Sri D.Yugandhar S/o. Sri Madhusudan Rao 27 years, Sun Rise Apartments, Panjagutta, Hyderabad.
15:Smt. D.Tulasi W/o. Sri D.N.Reddy Flat No.304, Lumbini Enclave, Panjaguta, Hyderabad.
16:Sri Madadi Ramakrishna Reddy S/o. Late Sri M.C.Kesavareddy 52 years, Plot No.312, Road No.25, Jubilee Hills, Hyderabad. (Discharged)
P.3 CC No.14 of 1998 17:Sri Ananatha Ram Reddy S/o. Late Sri M.Kodandarami Reddy 51 years, Plot No.312, Road No.25, Jubilee Hills, Hyderabad. (Discharged) 18:Sri Meda Ramakrishna Reddy S/o. Venkata Subba Reddy, 56 years, C/o. M.Raghunath Reddy, 315, Vijaya Towers, Ameerpet, Hyderabad. (Discharged) 19:Sri M.Raghunath Reddy S/o. M.R.K.Reddy, 31 years, 315, Vijaya Towers, Nagarjuna Nagar, Ameerpet, Hyderabad. (Discharged) 20:Sri A.V.Narayana Reddy 8-2-334/15, Road No.3, Banjara Hills, Hyderabad-35. (Discharged) 21:Smt. K.Dhanalakshmi W/o. Sri K.Jagadishwar Yadav 3-26, Saroornagar, Lingojiguda, Hyderabad-660.
22:Sri V.V.Nalinidhar Plot No.912, Defence Colony Sainikpuri PO, Secunderabad.
23:P.S.Shaw S/o. Sri P.V.Ramanaiah 39 years, Plot No.90, Shalivahana Nagar, Srinagar Colony Hyderabad. (Case against A-23 is abated as per docket order dt.21.06.2018 since died).
24:Sri B.Venkateswara Rao S/o Sri B.Ranga Rao 39 years, 4/A/202, Damodar Park Ghatkopar West, Bombay.
16-2-741/65, Andhra Bank Colony Malakpet, Hyderabad-500036. (Discharged)
P.4 CC No.14 of 1998 25:Sri T.Venkat Rao, 35 years C/o. P.Shiva Narayana 37-1-1215 (A), Ramnagar Post Office Lane, Annavarappadu Colony Ongole. (Discharged)
... Accused
This C.C. is coming before me for hearing and disposal in the presence of Sri D.Gopinath - Public Prosecutor for CBI/Complainant and of Sri T.S.C.Bose – Counsel for A-1, Sri E.Umamaheswar Rao – Counsel for A-3, A-12 to A-14, Sri Ch.Srinivas – Counsel for A-6 and A-7 and Sri D.M.Rao – Counsel for A-8, A-15, A-21 and A-22, and after hearing the arguments and perusing the material on record and that the matter having been stood over for consideration till this day, this Court delivered the following :
J U D G M E N T
1. (a) R.C.8(A)/95-CBI/HYD is registered on 09.02.1995 at 5.30 PM on the complaint given by Sri A.V.Suryanarayana Rao, Personnel Manager, Andhra
Bank, Central Office, Saidabad, Hyderabad against D.Narasimha Reddy,
Madhusudan K. Jani and B.Sivaneelakant for the offences under Sections 120-B r/w 420, 477-A of IPC and Section 13(2) r/w. 13(1)(d) of P.C. Act, 1988. The tenor of the complaint is that D.Narasimha Reddy/A-1 raised two Deposit Loans in favour of Madhusudan K. Jani for Rs.12.00 lakhs on 23.06.1993 and
Rs.8.00 lakhs on 28.12.1994 which were not reflected in the Deposit Loan
Register and there were no supporting documents, they are fraudulent transactions which caused loss to the bank.
(b) R.C.9(A)/95-CBI/HYD is registered on 09.02.1995 at 5.40 PM on the complaint given by Sri A.V.Suryanarayana Rao, Personnel Manager, Andhra
Bank, Central Office, Saidabad, Hyderabad against D.Narasimha Reddy,
Madhusudan K. Jani and M/s. Amogh Business Links for the offences under
Sections 120-B r/w 420, 477-A of IPC and Section 13(2) r/w. 13(1)(d) of P.C.
Act, 1988. The tenor of the complaint is that D.Narasimha Reddy/A-1 has issued four Demand Drafts for a total sum of Rs.34,16,993/- in favour of Madhusudan
K. Jani/A-2 in the Current Account bearing No.240 of Andhra Bank, Bhanur
Branch during October, 1994. D.N.Reddy/A-1 has also issued another cheque for Rs.25.00 lakhs on 28.12.1994 on the Current Account No.240 of M/s.
Amogh Business Links on Hyderabad Main Branch of Andhra Bank, they are fraudulent transactions which caused loss to the bank.
P.5 CC No.14 of 1998
2. The case of the prosecution is as under :
Accounting Procedure of Bharat Dynamics Limited (BDL) :-
(i) M/s. Bharat Dynamics Limited is a Government of India undertaking having one unit at Bhanur and another unit at Kanchanbagh, Santoshnagar
Colony, Hyderabad. Bharat Dynamics Limited corporate office maintained their main account with BDL Extension Counter, Santoshnagar Branch and kept the deposits with other branches including Andhra Bank, Bhanur. BDL unit of
Bhanur was not empowered to take any deposit loans against their deposits at
Andhra Bank, Bhanur Branch as per the procedure adopted by Bharat Dynamics
Limited. Bharat Dynamics Limited used to keep the deposits with Andhra Bank,
Bhanur Branch, but loans against such deposits were availed at Andhra Bank,
Santoshnagar Branch. Bharat Dynamics Limited never authorised D.N.Reddy/A-1 or never entered into agreement with Sri B.S.Neelakanta/A-3, M/s. Urvasi
Enterprises, M/s. Sai Enterprises, K.Ashok to avail deposit loans against their deposit during 1991-95.
(ii) Sri D.N.Reddy/A-1 in conspiracy with B.S.Neelakanta/A-3, Mahesh A.
Raju/A-6 of M/s. Suvarna Electronics Pvt. Ltd., Sadasiv Bhatt/A-8, A.V.K.Raju/
A-11, D.Yugandhar/A-14, B.V.Rao/A-24 and T.V.Rao/A-25 authorised the opening of the following Savings Bank Accounts (hereinafter be referred as “S.B.
Account” for brevity) and Current Accounts at Andhra Bank, Bhanur Branch and allowed unauthorised Temporary Over Drafts without any sanction from higher authorities and violated the laid down procedure. The following are the account details : -
Sl. Name of the account holder / A/c. No.Dt. of openingIntroduced by No.company
1.SB 698AVK Raju/A-11, 8-1-332/3, 24.9.90No introduction Vijaya Gardens, Tolichowki.
2.SB 704Mahesh A. Raju/A-6, Plot 1.10.90AVK Raju No.139, BDL Complex, Bhanur.
3.CD 194Suvarna Electronics Pvt. Ltd. 2.1.90Card not traced (By Sri Mahesh A.Raju) (A/c. Opening form not available)
4.SB 804Sadasiv Bhat/A-8Date not Vasantha Bhatt mentioned 1stSB 1501 at debit AB/Ameerpet br. transaction dt.16.5.91
5.SB 823D.Yugandhar/A-142.4.91Without proper introduction
6.SB 824B.S.Neelakanta/A-32.4.91No introduction
P.6 CC No.14 of 1998
(iii) Temporary Over Drafts were allowed by D.N.Reddy/A-1, B.V.Rao/A- 24 and T.V.Rao/A-25 to the beneficiaries (A-3, A-6, A-8, A-11, A-14) are as under :
(a) Beneficiary : B.S.Neelakanta/A-3 (Annexure – VII as per Charge Sheet) Account at Andhra Bank, Bhanur Branch.
DateAccountNameAmountOfficers 3.4.91SB 824B.S.Neelakanta3,50,000B.V.Rao & T.V.Rao 8.4.91-do-3,02,200D.N.Reddy 9.5.91-do-2,00,000T.V.Rao 11.5.91-do-2 cheques6,650T.V.Rao 13.5.91-do-2,000T.V.Rao 17.5.91-do-1,00,000T.V.Rao 18.5.91-do-4 cheques1,25,000T.V.Rao 20.6.91-do-2,000B.V.Rao 1.7.91-do-2 vouchers1,57,000T.V.Rao & B.V.Rao 4.7.91-do-50,000B.V.Rao 8.7.91-do-2,00,000T.V.Rao 9.7.91-do-1,00,000T.V.Rao 17.7.91-do-25,000B.V.Rao 22.7.91-do-2,500T.V.Rao 24.7.91-do-1,40,000B.V.Rao 30.7.91-do-9,500D.N.Reddy 9.8.91-do-15,000B.V.Rao 13.8.91-do-26,000D.N.Reddy 14.8.91-do-20,000B.V.Rao 20.8.91-do-1,00,000D.N.Reddy & B.V.Rao 4.9.91-do-1,500B.V.Rao 9.9.91-do-3,00,000Voucher not available 20.5.91-do-4,00,000B.V.Rao 9.10.91-do-2,00,000D.N.Reddy 28.10.91-do-4,000B.V.Rao 26.11.91-do-2,000D.N.Reddy 13.12.91-do-10,00,000D.N.Reddy (Same day Rs. 10 lacs credited) 16.12.91-do-5,000D.N.Reddy 27.12.91-do-2,591B.V.Rao 30.12.91-do-10,000D.N.Reddy 38,57,941
P.7 CC No.14 of 1998
(b) Beneficiary : Mahesh A.Raju/A-6 (Annexure – III as per Charge Sheet) Account at Andhra Bank, Bhanur Branch.
DateAccountNameAmountOfficers 2.4.91SB 704Mahesh A. Raju2,30,000T.V.Rao & D.N.Reddy 23.4.91-do-1,19,210T.V.Rao & B.V.Rao 11.5.91-do-16,000T.V.Rao 1.6.91-do-1,20,000T.V.Rao & B.V.Rao 19.6.91-do-1,09,000B.V.Rao 1.7.91-do-2,50,000B.V.Rao & T.V.Rao 5.7.91-do-1,15,000B.V.Rao 2.8.91-do-1,00,000T.V.Rao 8.8.91-do-25,000B.V.Rao 8.8.91-do-34,875D.N.Reddy 8.8.91-do-8,400D.N.Reddy & B.V.Rao 13.8.91-do-3,000B.V.Rao 21.8.91-do-3,00,000B.V.Rao & D.N.Reddy 21.9.91-do-2,00,000B.V.Rao 4.10.91-do-2,50,000D.N.Reddy 9.10.91-do-60,808D.N.Reddy 9.10.91-do-17,365D.N.Reddy 27.12.91-do-18,476D.N.Reddy 19,77,134
(c) Beneficiary : Mahesh A.Raju/A-6 (M/s. Suvarna Electronics Pvt. Ltd.) (Annexure – IV as per Charge Sheet) Account at Andhra Bank, Bhanur Branch.
DateAccountNameAmountOfficers 2.4.91CD 194M/s. Suvarna 2,00,000D.N.Reddy Electronics Pvt. Ltd. 12.4.91-do-70,000D.N.Reddy 15.4.91-do-50,000T.V.Rao 23.4.91-do-(two cheques)1,28,000T.V.Rao 23.4.91-do-6,101.50T.V.Rao 29.4.91-do-18,871.50T.V.Rao 11.5.91-do-(four cheques)1,30,790.72T.V.Rao 16.5.91-do-(three cheques)2,37,625D.N.Reddy 28.5.91-do-3,00,000D.N.Reddy 4.6.91-do-29,720B.V.Rao 20.6.91-do-60,000- 22.6.91-do-30,000B.V.Rao 1.7.91-do-5,50,000T.V.Rao & B.V.Rao 9.7.91-do-2,00,000T.V.Rao
P.8 CC No.14 of 1998 13.7.91-do-2,00,000B.V.Rao 8.8.91-do-(three cheques)65,600B.V.Rao 11.9.91-do-5,00,000D.N.Reddy 14.9.91-do-36,000D.N.Reddy 17.9.91-do-1,04,932.05D.N.Reddy 26.9.91-do-TOD interest11,987B.V.Rao 4.10.91-do-4,00,000D.N.Reddy 7.10.91-do-5,00,000- 7.10.91-do-Exchange3,250B.V.Rao 8.10.91-do-50,000B.V.Rao 9.10.91-do-(three cheques)3,66,981D.N.Reddy 11.10.91-do-55,000D.N.Reddy 21.11.91-do-71,021- 43,75,879.77
(d) Beneficiary : Sadashiv Bhatt/A-8 (Annexure – V as per Charge Sheet) Account at Andhra Bank, Bhanur Branch.
DateAccountNameAmountOfficers 16.5.91SB 804Sadashiv Bhatt47,659D.N.Reddy (3 cheques) 5.7.91-do-(2 cheques)7,580B.V.Rao 10.7.91-do-(4 cheques)25,654T.V.Rao 20.7.91-do-(Debit Cash Voucher)18,000B.V.Rao 24.7.91-do-4,907.35T.V.Rao 25.7.91-do-675T.V.Rao 30.7.91-do-(2 cheques)12,000D.N.Reddy & B.V.Rao 8.8.91-do-(2 cheques)35,667.72B.V.Rao 10.8.91-do-(2 cheques)4,700B.V.Rao 14.9.91-do-5,000D.N.Reddy 23.9.91-do-25,000B.V.Rao 9.10.91-do-(18 cheques)1,09,848.64D.N.Reddy 6.11.91-do-(7 cheques)23,400D.N.Reddy 7.11.91-do-(2 cheques)12,850.82D.N.Reddy 9.11.91-do-8,500D.N.Reddy 16.11.91-do-1,00,000D.N.Reddy 3.12.91-do-(2 cheques)60,000D.N.Reddy 14.12.91-do-8,487.60D.N.Reddy 20.12.91-do-(2 cheques)2,250B.V.Rao 21.12.91-do-(2 cheques)7,440B.V.Rao 26.12.91-do-5,000D.N.Reddy 30.12.91-do-14,029.22D.N.Reddy 5,63,649.35
P.9 CC No.14 of 1998
(e) Beneficiary : A.V.K.Raju/A-11 (Annexure – II as per Charge Sheet) Account at Andhra Bank, Bhanur Branch.
DateAccountNameAmountOfficers 10.4.91SB 698A.V.K.Raju2,65,000B.V.Rao & D.N.Reddy 19.4.91-do-6,000T.V.Rao & B.V.Rao 19.4.91-do-9,225T.V.Rao & B.V.Rao 19.4.91-do-14,226.50T.V.Rao & B.V.Rao 9.5.91-do-2,00,500T.V.Rao 9.5.91-do-2,50,000T.V.Rao 11.5.91-do-1,01,600T.V.Rao 25.5.91-do-1,00,000T.V.Rao & B.V.Rao 4.6.91-do-2,20,000B.V.Rao & D.N.Reddy 1.7.91-do-4,60,000T.V.Rao & B.V.Rao 10.7.91-do-30,000T.V.Rao 8.10.91-do-1,00,000D.N.Reddy 9.10.91-do-1,53,600D.N.Reddy 9.10.91-do-26,590D.N.Reddy 26.10.91-do-1,50,000D.N.Reddy 20,86,741.50
(f) Beneficiary : D.Yugandhar/A-14 (Annexure – VI as per Charge Sheet) Account at Andhra Bank, Bhanur Branch.
DateAccountNameAmountOfficers 5.4.91SB 823Yugandhar2,00,000T.V.Rao & B.V.Rao 9.5.91-do-50,000T.V.Rao 11.5.91-do-3,04,000T.V.Rao 8.6.91-do-3,00,000B.V.Rao 4.7.91-do-3,00,000B.V.Rao 31.7.91-do-1,00,000B.V.Rao & T.V.Rao 6.8.91-do-4,22,000D.N.Reddy 8.8.91-do-2,500B.V.Rao 31.8.91-do-3,00,000D.N.Reddy 3.12.91-do-25,000D.N.Reddy 21.12.91-do-2,000B.V.Rao 20,05,500
D.N.Reddy/A-1, B.V.Rao/A-24 and T.V.Rao/A-25 in conspiracy with other accused persons allowed unauthorised Temporary Over Drafts on subsequent dates without raising any clarification and transferred Rs.1,48,66,845.62 on
P.10 CC No.14 of 1998 account of Temporary Over Drafts, caused wrongful gain to the account holders and wrongful loss to the bank.
(iv) (a) D.N.Reddy/A-1 in conspiracy with B.S.Neelakanta/A-3, Mahesh A.
Raju/A-6 (M/s. Suvarna Electronics Pvt. Ltd.), Sadashiv Bhatt/A-8, A.V.K.Raju/
A-11, D.Yugandhar/A-14 and B.V.Rao/A-24 authorised the Clean Bill Purchase
Account in violation of banking rules without any sanction from higher authorities on different dates. M/s. Suvarna Electronics Pvt. Ltd. was maintaining Current
Deposit (hereinafter be referred as “C.D.” for brevity) Account No.194 at Andhra
Bank, Bhanur and Mahesh A. Raju/A-6 was operating the account since 02.04.1991.
(b) Savings Bank Account No.804 was opened by Sadashiv Bhatt/A-8 authorised by D.N.Reddy/A-1. On 03.05.1991, Savings Bank Account 804 of
Sadashiv Bhatt/A-8 at Andhra Bank, Bhanur was credited by making a debit to the Clean Bill Purchase Account Nos.7 and 8 for Rs.50,000/- and Rs.50,250/- respectively by D.N.Reddy/A-1 without any instrument. Unauthorised Temporary
Over Drafts were allowed vide cheque Nos.201643, 201645, 202002 (S.B.
Account No.804) by D.N.Reddy/A-1 and the account was showing the debit balance of Rs.43,292.15, in order to adjust the debit balance the amount was utilised. The balance amount of Rs.1,00,250/- was utilised by D.N.Reddy/A-1,
Sadashiv Bhatt/A-8, B.V.Rao/A-24 on 31.05.1991.
(c) On 12.07.1991, Clean Bills Purchased Account was debited fraudulently without any instrument and without voucher for Rs.3,00,000/- to the benefit of C.D. Account No.194 of M/s. Suvarna Electronics Pvt. Ltd. by
D.N.Reddy/A-1. An amount of Rs.3,00,000/- was transferred from Savings Bank
Account No.824 of B.S.Neelakanta/A-3 without any authorisation on 25.09.1991 by B.V.Rao/A-24. D.N.Reddy/A-1 in conspiracy with Mahesh A. Raju/A-6 of
M/s. Suvarna Electronics Pvt. Ltd. and B.V.Rao/A-24 defrauded the bank on 12.07.1991 for Rs.3,00,000/-.
(d) On 09.09.1991, fraudulent debit to the Clean Bill Purchased Account is made for Rs.3,00,000/- without any instrument by D.N.Reddy and B.V.Rao/A-24 to the benefit of B.S.Neelakanta/A-3. The debit was adjusted by transferring fund from M/s. Katragadda Electronics on 27.09.1991 by responding to BA-1
No.070951 by B.V.Rao/A-24. D.N.Reddy/A-1 in conspiracy with B.V.Rao/A-24 and B.S.Neelakanta/A-3 defrauded the bank on 09.09.1991 for Rs.3,00,000/-.
(e) (i) On 21.09.1991, an amount of Rs.2,00,000/- was debited to Clean
Bill Purchased Account by D.N.Reddy/A-1 fraudulently without any instrument to
P.11 CC No.14 of 1998 the benefit of D.Yugandhar/A-14 and credited the amount to Savings Bank
Account No.704 of Mahesh A. Raju/A-6.
(ii) M/s. My Home Constructions transferred Rs.2,00,000/- to Bhanur
Branch vide BA-1 No.070641 to the credit of Savings Bank Account No.823 of
Yugandhar/A-14 and was credited on 29.08.1991 at Bhanur Branch to reduce the debit balance in Savings Bank Account No.823.
(iii) Savings Bank Account No.823 was opened by D.Yugandhar/A-14 on 02.04.1991 authorised by D.N.Reddy/A-1 without any introduction.
D.N.Reddy/A-1 had unauthorisedly allowed Temporary Over Drafts in Savings
Bank Account No.823 of D.Yugandhar/A-14 on 29.08.1991 and the debit balance in the account was Rs.4,01,870/-. D.N.Reddy/A-1 in conspiracy with B.V.Rao/
A-24 and D.Yugandhar/A-14 defrauded the bank to a tune of Rs.2,00,000/- on 21.09.1991.
(f) On 07.10.1991, fraudulent debit was made to Clean Bill Purchased
Account without any instrument by D.N.Reddy/A-1 for Rs.5,00,000/-. The amount was transferred to M/s. Katragadda Electronics (C.D. No.552) at Andhra
Bank, Ameerpet Branch through Current Account C.D. No.194 of M/s. Suvarna
Electronics Pvt. Ltd. On 13.12.1991, the debit was adjusted by transferring
Rs.5,00,000/- from Andhra Bank, Ameerpet. D.N.Reddy/A-1 in conspiracy with
B.S.Neelakanta/A-3, D.Yugandhar/A-14 defrauded the bank to a tune of
Rs.5,00,000/- on 07.10.1991.
(g) On 08.10.1991, Rs.1,00,000/- was fraudulently debited to Clean Bill
Purchased Account by D.N.Reddy/A-1 without entering in the Clean Bill
Purchased Register to the benefit of A.V.K.Raju/A-11 vide Savings Bank Account
No.698 of Andhra Bank, Bhanur Branch. D.N.Reddy/A-1 in conspiracy with
A.V.K.Raju/A-11 defrauded the bank to a sum of Rs.1,00,000/- on 08.10.1991.
(h) On 09.10.1991, fraudulent debit of Rs.2,90,000/- was made to Clean
Bill Purchased Account by D.N.Reddy/A-1 without any instrument, proceeds were credited to C.D. No.194 of M/s. Suvarna Electronics Pvt. Ltd. and Demand Draft bearing No.010158 was issued in favour of Andhra Pradesh Industrial
Infrastructure Corporation for Rs.2,87,660/- drawn on Andhra Bank, Hyderabad by debiting C.D. No.194. The debit voucher was signed by D.N.Reddy/A-1.
D.N.Reddy in conspiracy with Mahesh A. Raju/A-6 defrauded the bank to a tune of Rs.2,90,000/- on 09.10.1991.
(i) On 09.10.1991, Clean Bills Purchased Account was debited without any voucher for Rs.5,00,000/- in Savings Bank Account No.804 of Sadashiv Bhatt/
P.12 CC No.14 of 1998
A-8. D.N.Reddy/A-1 in conspiracy with B.V.Rao/A-24 and Sadashiv Bhatt/A-8 defrauded the bank to a tune of Rs.5,00,000/- on 09.10.1991.
(j) On 26.10.1991, Rs.3,00,000/- was fraudulently debited to Clean Bills
Purchased Account without instrument and voucher. C.D. No.194 of
M/s. Suvarna Electronics Pvt. Ltd. was benefitted with the transaction of
Rs.3,00,000/-. D.N.Reddy/A-1 in conspiracy with B.V.Rao/A-24 and Mahesh A.
Raju/A-6 defrauded the bank to a tune of Rs.3,00,000/- on 26.10.1991.
(v) (a) D.N.Reddy/A-1, Mahesh A. Raju/A-6, B.S.Neelakanta/A-3 floated a partnership firm in the name and style of M/s. India Exim with Mahesh A.
Raju/A-6, B.S.Neelakanta/A-3, Smt. D.Tulasi wife of D.N.Reddy/A-1, Vasantha
Bhatt w/o. Sadashiv Bhatt/A-8 as partners for export and import of goods and defrauded the bank on different dates for Rs.77,16,445.13 and caused wrongful gain to themselves and wrongful loss to the bank.
(b) On 14.10.1991, fraudulent debit was made to Clean Bill Purchased
Account without any instrument by D.N.Reddy/A-1 for Rs.11.1 lakhs.
D.N.Reddy/A-1 has issued Demand Draft favouring M/s. India Exim vide Demand
Draft No.010198 for Rs.9,00,000/- and Demand Draft No.010199 for
Rs.2,00,000/- based on Demand Draft application prepared and signed by
D.N.Reddy/A-1. D.N.Reddy/A-1, B.S.Neelakanta/A-3 and Mahesh A. Raju/A-6 defrauded the bank to a tune of Rs.11.1 lakhs on 14.10.1991.
(c) On 16.01.1992, fraudulent debit was made by D.N.Reddy/A-1 to the
Deposit Loan Account for Rs.40,00,000/- without Deposit Loan application and without entering in the Deposit Loan Register, out of the above said amount.
The following Demand Draft applications were prepared, signed and issued by
D.N.Reddy/A-1 in favour of M/s. Tolani Bulk Carriers, Bombay as under :
1. DD No.532805 dt.16.1.92 for Rs.9.90 lacs
2. DD No.532806 dt.16.1.92 for Rs.9.90 lacs
3. DD No.532807 dt.16.1.92 for Rs.9.90 lacs
4. DD No.532808 dt.16.1.92 for Rs.9.90 lacs
5. DD No.532809 dt.16.1.92 for Rs.38,500/- (Rs.1500/- was shown as commission amount for the above DDs for Rs.39,98,500/-.)
(d) The Demand Drafts in serial Nos. 1 to 4 in para (c) were cleared through State Bank of India, Overseas Branch, Bombay on 25.01.1992. Demand
Draft No.532809 for Rs.38,500/- favouring M/s. Tolani Bulk Carriers, Bombay was cancelled on 01.02.1992. D.N.Reddy/A-1, B.S.Neelakanta/A-3, Mahesh A.
Raju/A-6 defrauded the bank to a tune of Rs.39,61,500/- on 16.01.1992.
P.13 CC No.14 of 1998
(e) On 01.02.1992, fraudulent debit was made to the Loan Account by
D.N.Reddy/A-1 (mentioning Bharat Dynamics Ltd. as beneficiary) for
Rs.5,25,000/- and six Demand Drafts for Rs.5,63,500/- were issued by
D.N.Reddy/A-1 including the proceeds of cancelled Demand Draft for Rs.38,500/- dt.16.01.1992. D.N.Reddy/A-1, B.S.Neelakanta/A-3, Mahesh A. Raju/A-6 defrauded the bank for a sum of Rs.4,82,595.13 on 01.02.1992.
(f) On 08.02.1992, fraudulent debit was made to the Deposit Loan
Account by D.N.Reddy/A-1 without making entry in the Deposit Loan Register for
Rs.40,350/-. D.N.Reddy/A-1, B.S.Neelakanta/A-3, Mahesh A. Raju/A-6 defrauded the bank to a sum of Rs.40,350/- on 08.02.1992.
(vi) (a) The assets and liabillities of M/s. India Exim were taken over by
M/s. Suvnics India Exim Ltd. on 12.12.1991. The first Directors of the above said company were Mahesh A. Raju/A-6, Sadashiv Bhatt/A-8, B.S.Neelakanta/A-3,
Smt. A.Sunanda Raju W/o. Mahesh A. Raju/A-6. M/s. Suvnics India Exim Ltd.
had fraudulently received Rs.20,98,000/- on 12.02.1992, 24.02.1992 and 26.02.1992 from Andhra Bank, Bhanur Branch and the amount was credited to the Current Account No.365 at State Bank of India, Main Branch.
(b) On 12.02.1992, fraudulent loan was raised by D.N.Reddy/A-1 without loan application mentioning Bharat Dynamics Ltd. as beneficiary for
Rs.8,00,000/-. Out of the above amount, one Demand Draft bearing No.011293 dt.12.02.1992 was issued for Rs.7,95,000/- in favour of M/s. Suvnics India Exim
Ltd. D.N.Reddy/A-1, Mahesh A. Raju/A-6 and P.V.K.Raju/A-7 defrauded the bank to a sum of Rs.7,96,500/- on 12.02.1992.
(c) On 24.02.1992, fraudulent debit was made to the Deposit Loan
Account by D.N.Reddy/A-1 without loan application for Rs.10,00,000/- mentioning Bharat Dynamics Ltd. as beneficiary. Out of the above said amount, one Demand Draft bearing No.011417 dt.24.02.1992 for Rs.9,25,000/- was issued to M/s. Suvnics India Exim vide C.D. Account No.365 at State Bank of
India, Main Branch, which was credited on 27.02.1992. D.N.Reddy/A-1, Mahesh
A. Raju/A-6 and P.V.K.Raju/A-7 defrauded the bank to a sum of Rs.9,26,500/- on 24.02.1992.
(d) On 26.02.1992, fraudulent debit of Rs.4,26,000/- was made to Savings
Bank Account No.840 of P.S.Shaw without any instrument and the authorisation of the partyby D.N.Reddy/A-1. D.N.Reddy/A-1 has issued one Demand Draft for
Rs.3,75,000/- in favour of M/s. Suvnics India Exim Ltd. which was credited to the
Current Account No.365 on 27.02.1992 at State Bank of India, Main Branch,
P.14 CC No.14 of 1998
Hyderabad. D.N.Reddy/A-1, Mahesh A. Raju/A-6, P.V.K.Raju/A-7 defrauded the bank to a sum of Rs.3,75,000/- on 26.02.1992.
(vii) (a) D.N.Reddy/A-1 promoted M/s. Sai Enterprises as an ancillary unit of M/s. Suvarna Electronics Pvt. Ltd., the partners are Smt. D.Tulasi/A-15 and
Smt. K.Dhanalakshmi/A-21 for manufacturing and supplying T.V. cabinets to M/s.
Suvarna Electronics Pvt. Ltd. Bank has sustained loss of Rs.3,00,000/- on 04.01.1992.
(b) On 04.01.1992, fraudulent debit was made mentioning the Deposit
Loan No.1/92 for Rs.13,00,000/- without furnishing loan application by
D.N.Reddy/A-1. Out of the above said amount, Demand Draft No.011008 for
Rs.3,00,000/- was drawn in favour of K.Ashok and used it as repayment of loan taken by M/s. Sai Enterprises. D.N.Reddy/A-1, D.Tulasi/A-15, K.Dhanalakshmi/
A-21 defrauded the bank to a tune of Rs.3,00,000/- on 04.01.1992.
(viii) (1) (a) D.N.Reddy/A-1 in conspiracy with B.S.Neelakanta/A-3,
B.Naganna/A-5, A.V.K.Raju/A-11, Shiva Kumar/A-12, B.Nagaraj/A-13,
P.S.Shaw/A-23 made various fraudulent transactions amounting to
Rs.2,91,85,547.52 on different dates and caused wrongful loss to the bank and wrongful gain to themselves. The fraudulent amounts were credited to various persons, companies, firms which were promoted by B.S.Neelakanta/A-3 and his associates are as under :
Outstanding amount after Sl.No.Name of the FirmAmount Drawn repayment/ adjustment
1.Urvasi Enterprises :32,01,250/-25,01,250/-
Partners: B.S.Neelakanta B.Lakshmi Devi
2.Sara Enterprises :20,01,500/-20,01,500/-
Partners: B.S.Neelakanta Nagaraj B.Siva Kumar
3.Tipsy Wines : B.Siva Kumar9,00,000/-9,00,000 B.Nagaraj
4.Amogh Business Links :59,16,993/-59,16,993/- B.S.Neelakanta D.Tulasi & Naganna
5.B.S.Neelakanta1,12,04,021.871,11,04,021.87
6.Neelakanta Enterprises9,20,910.659,20,910.65
7.B.Naganna10,63,000/-10,63,000/-
8.M.Ramakrishna13,96,710/-13,96,710/- (B.Nagaraj)
9.D.N.Reddy25,81,162/-25,81,162/- 2,91,85,547.522,83,85,547.52
P.15 CC No.14 of 1998
(b) The fraudulent Deposit Loans were raised in the name of
A.V.K.Raju/A-11 Account of Bharat Dynamics Ltd. and debts were made to C.D.
191 of Meridian Granites, Savings Bank Account No.840 of P.S.Shaw/A-23, C.D.
129 of ARK Builders and the amounts were transferred to B.S.Neelakanta/A-3 and his associates by D.N.Reddy/A-1.
(c) Savings Bank Account No.840 was opened on 03.05.1991 and C.D.
191 was opened on 08.12.1991 by P.S.Shaw/A-23 in the name of M/s. Meridian
Granites Pvt. Ltd. C.D. 129 was opened on 09.11.1989 by K.Rami Reddy and he did not authorise D.N.Reddy/A-1 to transfer the fund to B.S.Neelakanta/A-3 or to any of his associates. The Current Account No.239 was opened by A.V.K.Raju/
A-11 on 24.08.1992, authorised D.N.Reddy/A-1 and he issued cheque book bearing Nos.915301 to 915325 to A.V.K.Raju/A-11.
(2) On 04.01.1992, fraudulent debit was made to Deposit Loan Account
No.DL-1/92 for Rs.13,00,000/- without loan application and without entering in the Deposit Loan Register by D.N.Reddy/A-1. Out of the above said amount,
Rs.10,00,000/- was transferred to C.D. Account No.1525 of M/s. Urvasi
Enterprises to Andhra Bank, Somajiguda Branch and the same was credited on 04.01.1992 at Somajiguda Branch. D.N.Reddy/A-1, B.S.Neelakanta/A-3 defrauded the bank to a sum of Rs.10,00,000/- on 04.01.1992.
(3) On 01.02.1992, fraudulent debit was made to Loan Account by
D.N.Reddy/A-1 mentioning Bharat Dynamics Ltd. as beneficiary for Rs.5,25,000/- and six Demand Drafts for Rs.5,63,500/- were issued by D.N.Reddy/A-1 including the proceeds of the cancelled Demand Draft dt.16.01.1992 for Rs.38,500/- to
B.S.Neelakanta/A-3 and others. Demand Draft bearing No.011076, dt.21.02.1992 for Rs.40,147.47 was issued in favour of B.S.Neelakanta/A-3.
Another Demand Draft vide No.011232 for Rs.41,654.90, dt.01.02.1992 was issued in favour of B.S.Neelakanta/A-3 which was encashed by him across the counter at Andhra Bank, Somajiguda Branch on 05.02.1992. D.N.Reddy/A-1,
B.S.Neelakanta/A-3 defrauded the bank to a sum of Rs.81,904.87 on 01.02.1992.
(4) On 10.02.1992, fraudulent debit was made to Deposit Loan Account mentioning Bharat Dynamics Ltd. by D.N.Reddy/A-1 for Rs.7.5 lakhs and the amount was transferred to the credit of B.S.Neelakanta/A-3 Savings Bank
Account No.271 of Andhra Bank, Ameerpet Branch, Hyderabad. D.N.Reddy/A-1,
B.S.Neelakanta/A-3 defrauded the bank to a sum of Rs.7.5 lakhs on 10.02.1992.
(5) On 12.02.1992, fraudulent debit was made without loan application and without entering in Deposit Loan Register for Rs.8,00,000/- by D.N.Reddy/
P.16 CC No.14 of 1998
A-1 and transferred Rs.7.95 lakhs to M/s. Suvnics India Exim Ltd. by way of
Demand Draft. One Demand Draft bearing No.011249 for Rs.3,488/- was issued in favour of B.S.Neelakanta/A-3 which was encashed at Andhra Bank,
Somajiguda Branch across the counter on 18.02.1992. D.N.Reddy/A-1,
B.S.Neelakanta/A-3 defrauded the bank to a sum of Rs.3,500/- on 12.02.1992.
(6) On 24.02.1992, fraudulent debit was made to Deposit Loan Account by D.N.Reddy/A-1 without making entries in Deposit Loan Register and without any application for Rs.10,00,000/-, mentioning the beneficiary as Bharat
Dynamics Ltd. One Demand Draft bearing No.011416, dt.24.02.1992 for
Rs.48,380/- was issued in favour of B.S.Neelakanta/A-3. D.N.Reddy/A-1,
B.S.Neelakanta/A-3 defrauded the bank to a sum of Rs.48,500/- on 24.02.1992.
(7) On 03.03.1992, fraudulent deposit was made to Deposit Loan Account by D.N.Reddy/A-1 without loan application and without entering in the Deposit
Loan Register for Rs.2.5 lakhs mentioning the beneficiary as A.Vijay Kumar Raju.
One Demand Draft bearing No.011460 was issued in favour of B.S.Neelakanta/
A-3 and the same was credited to his Savings Bank Account No.271 at Andhra
Bank, Ameerpet Branch, which was drawn by him through self-cheque
No.492874. D.N.Reddy/A-1, B.S.Neelakanta/A-3 defrauded the bank to a sum of
Rs.2.5 lakhs on 03.03.1992.
(8) On 18.03.1992, C.D. 191 in the name of M/s. Meridian Granites Pvt.
Ltd. was fraudulently debited by D.N.Reddy/A-1 without any cheque or authorisation from the account holder to a sum of Rs.1,00,250/-. The above amount was transferred to B.S.Neelakanta/A-3 vide Demand Draft No.011615 in
Savings Bank Account No.271 of Andhra Bank, Ameerpet Branch, Hyderabad.
D.N.Reddy/A-1, B.S.Neelakanta/A-3 defrauded the bank to a sum of
Rs.1,00,250/- on 18.03.1992.
(9) On 24.03.1992, cheque bearing No.205820 of M/s. Meridian Granites
Pvt. Ltd. vide Current Account No.191 for Rs.2,00,000/- dt.26.02.1992 was fraudulently debited. The cheque was signed by P.S.Shaw/A-23 in favour of
M/s. Urvasi Enterprises. B.S.Neelakanta/A-3 has discounted the cheque at
Andhra Bank, Somajiguda Branch on 26.02.1992. D.N.Reddy/A-1,
B.S.Neelakanta/A-3, P.S.Shaw/A-23 defrauded the bank to a sum of
Rs.2,00,000/- on 24.03.1992.
(10) On 06.04.1992, fraudulent debit was made to C.D. Account No.191 favouring M/s. Meridian Granites Pvt. Ltd. without cheque or authorisation from the account holder for Rs.5,00,000/- by D.N.Reddy/A-1 and there was no entry
P.17 CC No.14 of 1998 in the ledger sheet. The above said amount was transferred to M/s. Urvasi
Enterprises at Andhra Bank, Somajiguda Branch vide C.D. 1525, BA-1 048631 and the same was utilised by B.S.Neelakanta/A-3. D.N.Reddy/A-1,
B.S.Neelakanta/A-3 defrauded the bank to a sum of Rs.5,00,000/- on 06.04.1992.
(11) On 13.06.1992, Rs.5,00,000/- was fraudulently debited to the account of M/s. Meridian Granites Pvt. Ltd vide C.D. Account No.191 by way of cheque bearing No.914541, dt.20.05.1992 which was sent for realisation by
Andhra Bank, Ameerpet Branch and the cheque was signed by P.S.Shaw/A-23.
The cheque was issued in the name of B.S.Neelakanta/A-3 which was discounted by him on 20.05.1992 at Andhra Bank, Ameerpet Branch and the same was credited to his account vide Savings Bank Account No.271 on 20.05.1992 (Clean
Bill Purchased No.275). D.N.Reddy/A-1, B.S.Neelakanta/A-3, P.S.Shaw/A-23 defrauded the bank to a sum of Rs.5,00,000/- on 13.06.1992.
(12) On 27.07.1992, fraudulent debited was made to the account of ARK
Builders vide Account No.129 for Rs.10,00,000/-. The amount was transferred to
M/s. Urvasi Enterprises at Andhra Bank, Somajiguda Branch on 27.07.1992 vide
C.D. Account No.1525, BA-1 062075 which was issued by D.N.Reddy/A-1.
(13) On 10.08.1992, fraudulent debit was made to the Current Account of
M/s. Bharat Dynamics Ltd. for Rs.10,00,000/- without voucher and without entries in the ledger by D.N.Reddy/A-1 and there was no authorisation from
Bharat Dynamics Ltd. The above said amount was transferred to the account of
B.S.Neelakanta/A-3 vide Savings Bank Account No.10958 dt.10.08.1992 by
D.N.Reddy/A-1. D.N.Reddy/A-1, B.S.Neelakanta/A-3 defrauded the bank to a sum of Rs.10,00,000/- on 10.08.1992.
(14) On 27.08.1992, fraudulent debit was made to the account of
M/s. Meridian Granites Pvt. Ltd. vide Current Account No.191 for Rs.3.5 lakhs with debit cash voucher by D.N.Reddy/A-1. An amount of Rs.3,00,000/- was transferred to the account of B.S.Neelakanta vide Savings Bank Account No.271 at Andhra Bank, Ameerpet Branch vide BA-1 062228 issued by D.N.Reddy/A-1.
The remaining amount of Rs.50,000/- was taken over by D.N.Reddy/A-1.
D.N.Reddy/A-1, B.S.Neelakanta/A-3 defrauded the bank to a sum of Rs.3.5 lakhs on 27.08.1992.
(15) On 12.10.1992, fraudulent debit was made in the account of
M/s. Jani Clency and Richards vide Current Account No.240 for Rs.15,00,000/- by
D.N.Reddy/A-1. The above amount was transferred to the account of
P.18 CC No.14 of 1998
B.S.Neelakan/A-3 vide Savings Bank Account No.271, at Andhra Bank, Ameerpet
Branch vide BA-1 062411. D.N.Reddy/A-1, B.S.Neelakanta/A-3 defrauded the bank to a sum of Rs.15,00,000/- on 12.10.1992.
(16) On 29.10.1992, fraudulent debit was made to the account of
M/s. Bharat Dynamics Ltd. for Rs.10,00,000/- without debit voucher by
D.N.Reddy/A-1. The above said amount was transferred to Savings Bank
Account of B.S.Neelakanta/A-3 bearing S.B. No.271 of Andhra Bank, Ameerpet
Branch vide BA-1 062491. D.N.Reddy/A-1, B.S.Neelakanta/A-3 defrauded the bank to a sum of Rs.10,00,000/- on 29.10.1992.
(17) On 13.03.1993, Deposit Loan Account No.10/92-93 was raised fraudulently for Rs.24,00,000/- by D.N.Reddy/A-1 mentioning the deposit of
Indumati Jani and M.K.Jani/A-2 for Rs.24,00,000/-. D.N.Reddy/A-1 has issued
Demand Draft No.969067 for Rs.1.75 lakhs in favour of B.S.Neelakanta/A-3 drawn on Andhra Bank, Service Centre Branch. D.N.Reddy/A-1 has utilised
Rs.21,24,250/- to close the Deposit Loan raised on 11.01.1993 and 21.01.1993.
D.N.Reddy/A-1, B.S.Neelakanta/A-3 defrauded the bank to a sum of
Rs.22,99,250/- on 13.03.1993.
(18) On 17.03.1993, fraudulent debit was made to Deposit Loan Account
No.10/92-93 without loan application for Rs.5,00,000/- mentioning that the deposit is made by Indumati Jani and M.K.Jani/A-2. The above said amount was transferred to the account of B.S.Neelakanta/A-3 of Andhra Bank, Ameerpet
Branch vide BA-1 No.088061. D.N.Reddy/A-1, B.S.Neelakanta/A-3 defrauded the bank to a sum of Rs.5,00,000/- on 17.07.1993.
(19) On 05.04.1993, KTD-248 for Rs.40,00,000/- was cancelled by
D.N.Reddy/A-1 based on the false letter purported to have been issued by
M.K.Jani/A-2 and part of proceeds of Rs.29,22,172/- was credit to Deposit Loan
Account without authorisation on 13.03.1993 and 17.03.1993 and the balance amount of Rs.13,13,617/- was credited to C.D. No.240. D.N.Reddy/A-1,
B.S.Neelakanta/A-3 has defrauded the bank to a sum of Rs.13,13,617/- on 05.04.1993.
(20) On 26.04.1993, Loan Account standing in the name of Indumati Jani and M.K.Jani/A-2 vide Deposit Loan No.16/92-93 was fraudulently raised by
D.N.Reddy/A-1 for Rs.6,00,000/- without authorisation of the account holders.
D.N.Reddy/A-1 has passed the cash voucher for Rs.4,00,000/-, credited in favour of P.S.Shaw/A-23 in Savings Bank Account No.840. The remaining amount of
Rs.2,00,000/- was taken over by D.N.Reddy/A-1 at Andhra Bank, Bhanur Branch.
P.19 CC No.14 of 1998
D.N.Reddy/A-1, B.S.Neelakanta/A-3, B.Naganna/A-5, P.S.Shaw/A-23 have defrauded the bank to a sum of Rs.6,00,000/- on 26.04.1993.
(21) On 30.04.1993, D.N.Reddy/A-1 has fraudulently cancelled KTD-249 with false signature of M.K.Jani/A-2. Rs.6,00,000/- was adjusted to DL-16/92-93 on 26.04.1993 and the balance amount of Rs.9,77,928/- was utilised to obtain the Demand Drafts in the name of M.K.Jani/A-2. D.N.Reddy/A-1,
B.S.Neelakanta/A-3, B.Naganna/A-5 defrauded the bank to a sum of
Rs.9,77,928/- on 30.04.1993.
(22) On 23.06.1993, fraudulent debit was made to the account of
M/s. Jani Clency and Richards bearing Current Account No.240 by way of cheque
No.915430 for Rs.12,01,500/- with false signature of M.K.Jani/A-2 by
D.N.Reddy/A-1. On the same day, Demand Draft No.969818 for Rs.7,00,000/- and Demand Draft No.969819 for Rs.5,00,000/- were issued in favour of
B.S.Neelakanta/A-3 at Andhra Bank, Service Centre Branch, Hyderabad.
D.N.Reddy/A-1, B.S.Neelakanta/A-3 defrauded the bank to a sum of
Rs.12,01,500/- on 23.06.1993.
(23) On 17.08.1993, Deposit Loan Account No.37/93 was fraudulently raised by D.N.Reddy/A-1 without loan application for Rs.85,000/-. D.N.Reddy/
A-1 has prepared Demand Draft No.970360 dt.17.08.1993 for Rs.85,000/- in favour of B.S.Neelakanta/A-3 and the same was encashed by him (B.S.Neelakanta/A-3) across the counter at Andhra Bank, Somajiguda Branch.
D.N.Reddy/A-1, B.S.Neelakanta/A-3 defrauded the bank to a sum of Rs.85,000/- on 17.08.1993.
(24) On 16.06.1993, D.N.Reddy/A-1 has debited the Current Account of
Bharat Dynamics Ltd. for Rs.3,67,98,408.74 and credited to sundry creditors account with a view to respond to BA-4 of Santoshnagar Branch. On 11.08.1993, a fraudulent debit was made to C.D. Account No.1 of Bharat
Dynamics Ltd. for Rs.3,67,98,408.74. Out of the above said amount,
Rs.16,54,400/- and Rs.45,45,600/- were utilised to create two Fixed Deposits in the name of M.K.Jani/A-2 and Indumati Jani without application from the beneficiary and corresponding entries were made in the FDR Register.
(25) On 04.10.1993, fraudulent Deposit Loan was raised from the account of Indumati Jani and M.K.Jani/A-2 for Rs.3,00,000/- on 11.08.1993 by
D.N.Reddy/A-1 without loan application and the same was not entered in the register. The above said amount was transferred to the account of
B.S.Neelakanta/A-3 at Andhra Bank, Vijayanagar Colony by BA-1 No.088970
P.20 CC No.14 of 1998 issued by D.N.Reddy/A-1. D.N.Reddy/A-1, B.S.Neelakanta/A-3 defrauded the bank to a sum of Rs.3,00,000/- on 04.10.1993.
(26) On 14.10.1993, D.N.Reddy/A-1 has cancelled FDR No.66/93-94 favouring M.K.Jani/A-2 for Rs.16,54,400/-. Rs.58,500/- was taken over by
D.N.Reddy/A-1 in cash. D.N.Reddy/A-1 has adjusted the Deposit Loan debts totalling to Rs.1,52,970/- and part amount was utilised for issuing Demand Draft
No.292310 favouring M.K.Jani/A-2 for Rs.9,20,910.65. The Demand Draft was credited to M/s. Neelakanta Enterprises vide C.D. No.1839 at Andhra Bank,
Somajiguda on 15.10.1993. D.N.Reddy/A-1, B.S.Neelakanta/A-3 defrauded the bank to a sum of Rs.9,79,410.65 on 14.10.193.
(27) On 20.10.1993, D.N.Reddy/A-1 has cancelled FDR No.67/93-94 favouring M.K.Jani/A-2 for Rs.45,45,600/-. D.N.Reddy/A-1 has issued Demand
Draft Nos.556567 to 556569 favouring M/s. Sara Enterprises for Rs.20,01,500/-.
On the same day, D.N.Reddy/A-1 has taken cash of Rs.33,412/-. D.N.Reddy/
A-1, B.S.Neelakanta/A-3, B.Siva Kumar/ A-12, B.Nagaraj/A-13 have defrauded the bank to a sum of Rs.20,34,912/- on 20.10.1993.
(28) On 20.10.1993, an amount of Rs.16,95,000/- was utilised to create fraudulent deposit favouring M.K.Jani/A-2. Deposit application was filled by
D.N.Reddy/A-1 and it was not signed by M.K.Jani/A-2 or Indumati Jani.
D.N.Reddy/A-1 has issued Demand Draft bearing No.556865 for Rs.9,00,000/- and Demand Draft No.556866 for Rs.7.95 lakhs favouring M.K.Jani/A-2. Demand
Draft for Rs.9,00,000/- was credited to the account of M/s. Tipsy Wines at Bank of Baroda, Masabtank Branch vide C.D. Account No.920 on 22.11.1993.
D.N.Reddy/A-1, B.S.Neelakanta/A-3, B.Siva Kumar/A-12, B.Nagaraj/A-13 have defrauded the bank to a sum of Rs.16,95,000/- on 18.11.1993.
(29) On 09.02.1994, D.N.Reddy/A-1 has made fraudulent debit in the account of A.V.K.Raju/A-11 vide C.D. Account No.279 for Rs.7.50 lakhs vide cheque No.915311. Rs.6,00,000/- was transferred to the Savings Bank Account of B.S.Neelakanta/A-3 vide S.B. Account No.24740, Andhra Bank, Vijayanagar
Colony Branch and D.N.Reddy/A-1 has issued BA-1 No.089608. D.N.Reddy/A-1,
B.S.Neelakanta/A-3, A.V.K.Raju/A-11 defrauded the bank to a sum of
Rs.6,00,000/- on 09.02.1994.
(30) On 21.02.1994, D.N.Reddy/A-1 has made fraudulent debit to the account of A.V.K.Raju/A-11 bearing Account No.239 for Rs.5,01,250/- vide cheque bearing No.915314 with false signature of A.V.K.Raju. D.N.Reddy/A-1 has issued Demand Draft for Rs.5,00,000/- in favour of M/s. Urvasi Enterprises
P.21 CC No.14 of 1998 vide Demand Draft No.960949 on 21.02.1994. D.N.Reddy/A-1, B.S.Neelakanta/
A-3 defrauded the bank to a sum of Rs.5,01,250/- on 21.02.1994.
(31) On 22.03.1994, D.N.Reddy/A-1 made fraudulent debit to the account of Bharat Dynamics Ltd. for Rs.14,14,590/-. Out of the above said amount, an amount of Rs.5,00,000/- was transferred to the account of B.S. Neelakanta/A-3 vide Savings Bank Account No.24740. D.N.Reddy/A-1, B.S.Neelakanta/A-3 have defrauded the bank to a sum of Rs.5,00,000/- on 22.03.1994.
(32) (a) On 07.06.1994, D.N.Reddy/A-1 has debited Rs.27,96,710/- in the account of Bharat Dynamics Ltd. vide C.D. No.1 and also raised Rs.2,00,000/- in
Deposit Loan No.6/94-95. D.N.Reddy/A-1 has issued Demand Drafts in favour of
Sonia Shroff D/o. M.K.Jani/A-2 for Rs.15,00,000/- and also issued Demand Draft for Rs.1,00,000/- in favour of M.R.K.Reddy/A-16 and the remaining amount of
Rs.13,96,710/- was kept in Sundry Creditors Account. D.N.Reddy/A-1 has issued two Demand Drafts in favour of M.Ramakrishna for Rs.9,00,000/- and
Rs.4,95,210/-.
(b) On 11.06.1994, a fictitious account was opened by M.Ramakrishna which was introduced by B.S.Neelakanta/A-3 vide S.B. No.9038 and the photograph affixed is of B.Nagaraj/A-13. Demand Drafts for Rs.9,00,000/- and
Rs.4,95,210/- were credited to the above said account on 11.06.1994, on the same day, an amount of Rs.5,00,000/- was withdrawn to the benefit of
B.S.Neelakanta/A-3. On 13.06.1994, an amount of Rs.3,00,000/- and on 14.06.1994, an amount of Rs.5,95,500/- was withdrawn by Ramakrishna vide withdrawal slips. D.N.Reddy/A-1, B.S.Neelakanta/A-3 and B.Nagaraj/A-13 defrauded the bank to a sum of Rs.13,96,710/- on 07.06.1994.
(33) On 17.10.1994, fraudulent debit was made in the account of
M/s. Jani Clency Richards bearing Current Account No.240 for Rs.34,16,993/- with cheque bearing No.915433 bearing the forged signature of M.K.Jani/A-2 by
D.N.Reddy/A-1. As per the records, the above said account was closed on 09.07.1993, ledger sheet is not traceable. D.N.Reddy/A-1, B.S.Neelakanta/A-3,
B.Naganna/A-5, D.Tulasi/A-15 defrauded the bank to a sum of Rs.34,16,993/- on 17.10.1994.
(34) On 28.12.1994, D.N.Reddy/A-1 made fraudulent debit in the account of M/s. Jani Clency and Richards bearing Account No.240 for Rs.25,00,000/- with cheque bearing No.915434 bearing the false signature of M.K.Jani/A-2.
D.N.Reddy/A-1 has prepared two Demand Drafts for Rs.9,00,000/- each bearing
No.431335, 431336 and another Demand Draft for Rs.7,00,000/- was issued
P.22 CC No.14 of 1998 bearing D.D. No.431337 on 28.12.1994 in favour of M/s. Amogh Business Links.
B.S.Neelakanta/A-3 has withdrawn the above said cash vide cheque No.666968 on 29.12.1994. D.N.Reddy/A-1, B.S.Neelakanta/A-3, B.Naganna/A-5, D.Tulasi/
A-15 defrauded the bank to a sum of Rs.25,00,000/- on 28.12.1994.
(ix) (a) D.N.Reddy/A-1, M.K.Jani/A-2, B.S.Neelakanta/A-3, Sadasiv
Bhatt/A-8 entered into criminal conspiracy and transferred Rs.64,28,208/- belonging to P.J. Account of M/s. Jani Clency Richards to a Current Account opened in Andhra Bank, Bhanur Branch in the name of Jancy Clency and
Richards and created false evidence by fabricating documents.
(b) M.K.Jani/A-2 is a businessman engaged in Marine Insurance Business and proprietor of M/s. Jani Clency Richards, Bombay. D.N.Reddy/A-1 obtained deposits from M.K.Jani/A-2 with the help of Sadasiv Bhatt/A-8. On 07.09.1992,
Rs.40,00,000/- was credited to FDR 620 favouring Indumati Jani and M.K.Jani/
A-2 for 46 days. On 24.10.1992, Kalpataru Term Deposit (hereinafter be referred as “KTD” for brevity) 249 for Rs.15,00,000/- was made in favour of
M.K.Jani/A-2 and I.M.Jani which was transferred from Central Bank of India,
Khar Branch, Bombay and the said amount was realised on 30.10.1992 at
Bombay.
(c) On 13.03.1993, Deposit Loan No.10/92 was raised against the loan application with false signature of I.M.Jani for Rs.24,00,000/-. Out of the above said amount Demand Draft for Rs.500/- was used for M/s. Jani India Exim promoted by M.K.Jani/A-2 and Rs.1,00,000/- was sent to M.K.Jani/A-2.
Rs.1,75,000/- was transferred to B.S.Neelakanta/A-3 and the remaining amount of Rs.21,24,250/- was utilised by D.N.Reddy/A-1. The transactions were carried out without authorisation of the account holder M.K.Jani/A-2.
(d) On 25.10.1993, D.N.Reddy/A-1 confirmed the interest of Rs.7.05 lakhs due to M.K.Jani/A-2 and confirmed the payment of Rs.5,00,000/- to M.K.Jani/
A-2 with remaining balance of Rs.62,93,725/- for the credit deposit of
Rs.55,00,000/-. On 27.01.1994, D.N.Reddy/A-1 confirmed the balance of
Rs.57,80,125/- and also confirmed the payment of Rs.5,00,000/- to M.K.Jani/A-2 on 27.02.1993. As per promissory note dt.01.11.1994, B.S.Neelakanta/A-3 promised to pay Rs.60,45,000/- as M.K.Jani/A-2 has received Rs.3,65,400/- on 03.02.1994 by way of Demand Drafts issued by Andhra Bank, Bhanur Branch,
Hyderabad and D.N.Reddy/A-1, Sadasiv Bhatt/A-8 stood as surety to the promissory note.
P.23 CC No.14 of 1998
(e) M.K.Jani/A-2 has issued letter to D.N.Reddy/A-1 authorising him to utilise the deposit as per the instructions of Sadasiv Bhatt/A-8 which was a post- rectification of fraudulent transactions done by D.N.Reddy/A-1 in KTD Accounts of M.K.Jani/A-2.
(f) On 18.09.1992, D.N.Reddy/A-1 has opened Current Account No.C.D.
240 in the name of M/s. Jani Clency and Richards which was opened by transferring the amount from Abhaya Savings Bank (hereinafter be referred as “ASB” for brevity) 185 Account of D.N.Reddy/A-1. On 19.09.1992, pay orders for
Rs.64,28,708/- was lodged at Andhra Bank, Bhanur Branch issued in favour of
M/s. Jani Clency and Richards. On 25.09.1992, the above said amount was credited to C.D. 240 of M/s. Jani Clency and Richards being B.C. proceeds received from Andhra Bank, Opera House Branch, Bombay vide BA-1 036641, dt.24.09.1992. The amount was unclaimed cash deposit of various clients since 1960.
(g) D.N.Reddy/A-1, B.S.Neelakanta/A-3, Sadasiv Bhatt/A-8 have drawn the amount from C.D. 240 with false signature of M.K.Jani/A-2 as under :
Sl. NameDateAmountInstrument used No.
1.D.N.Reddy/A-1 :30.6.931,00,000.00Chq.No.915431 9.7.93851.53Chq.No.915432 Total:1,00,851.53
2.B.S.Neelakanta/A-3:23.10.9215,00,000Dr. Tr. Voucher 23.6.9312,01,500Chq. No.915429 17.10.9434,16,993Chq.No.915433 28.12.9425,00,000Chq.No.915434 Total:61,18,493
3.Sadasiv Bhatt/A-8:25.9.921,81,122Dr. Tr. Voucher 24.10.921,25,000Dr. Tr. Voucher Total:3,06,122
(h) B.S.Neelakanta/A-3 has issued promissory note for Rs.42,85,000/- to
M/s. Jani Clency and Richards which is payable without interest on account of the amount transferred to M/s. B.S.Neelakanta & Associates. M.K.Jani/A-2 has issued a letter dt.02.01.1995 to B.S.Neelakanta/A-3 confirming the outstanding amount payable to M.K.Jani/A-2 as Rs.109.37 lakhs by deducting Rs.60,45,600/-.
M.K.Jani/A-2 confirmed Rs.48,91,400/- payable to him on account of M/s. Jani
Clency and Richards.
P.24 CC No.14 of 1998
(x) (a) On 25.09.1992, fraudulent debit was made to the account of
M/s. Jani Clency and Richards vide Current Account No.240 for Rs.1,81,122/- with a debit voucher without authorisation of the account holder by
D.N.Reddy/A-1. The above said amount was credited to Savings Bank Account of Suresh R. Bhatt vide Savings Bank Account No.1157 at Andhra Bank, Bhanur
Branch. An amount of Rs.1,31,122/- was withdrawn by Suresh R. Bhatt vide cheque No.627, dt.25.09.1992. D.N.Reddy/A-1, Suresh R. Bhatt have defrauded the bank to a tune of Rs.1,81,122/- on 07.06.1994.
(b) On 01.10.1992, fraudulent debit transfer was made by D.N.Reddy/A-1 to the Current Account of Bharat Dynamics Ltd. for Rs.5,00,000/- without authorisation. On the same day, D.N.Reddy/A-1 has issued one Demand Draft in favour of Sadasiv Bhatt/A-8 for Rs.5,00,000/- bearing No.884317 and the same was credited to the account of Sadasiv Bhatt/A-8 at Andhra Bank, Ameerpet
Branch on 03.10.1992 vide S.B. Account No.1498. D.N.Reddy/A-1, Sadasiv
Bhatt/A-8 defrauded the bank to a sum of Rs.5,00,000/- on 01.10.1992.
(c) On 24.10.1992, D.N.Reddy/A-1 made fraudulent debit entry in the
Current Account of M/s. Jani Clency and Richards for Rs.1,25,000/- vide C.D.
No.240 without any authorisation. On the same day, D.N.Reddy/A-1 has transferred the above said amount to the account of Sadasiv Bhatt/A-8 vide S.B.
No.1498 at Andhra Bank, Ameerpet Branch. D.N.Reddy/A-1, Sadasiv Bhatt/A-8 defrauded the bank to a sum of Rs.1,25,000/- on 24.10.1992.
(xi)(a) D.N.Reddy/A-1 in conspiracy with A.V.K.Raju/A-11,
M.Ramakrishna Reddy/A-18, M.Raghunath Reddy/A-19 allowed fraudulent debts for Rs.7,00,000/- and created Fixed Deposit Receipts.
(b) On 29.07.1992, D.N.Reddy/A-1 has created three Fixed Deposits for
Rs.1,00,000/- each favouring South Central Railway on account of
M.Ramakrishna Reddy/A-18 vide F.D.R. Nos.581 to 583 and fraudulently debited to the account of K.Ravi Shankar vide S.B. Account No.1227. D.N.Reddy/A-1,
A.V.K.Raju/A-11, M.Ramakrishna Reddy/A-18 defrauded the bank to a sum of
Rs.3,00,000/- on 29.07.1992.
(c) M.Ramakrishna Reddy/A-18 was having deposit under KTD 6A/94-95 for Rs.3,13,982/-, dt.06.06.1994 and another KTD No.155/91 for Rs.25,000/-, dt.05.12.1991 and the total value of the deposit is below Rs.4,00,000/-. On 25.07.1994, Raghunath Reddy/A-19 issued a cheque for Rs.4,00,000/- bearing
No.915292 which was passed for payment by D.N.Reddy/A-1 knowing fully well that the deposits were not cancelled. D.N.Reddy/A-1, M.Ramakrishna Reddy/
P.25 CC No.14 of 1998
A-18, M.Raghunath Reddy/A-19 defrauded the bank to a sum of Rs.4,00,000/- on 25.07.1994.
(xii) (a) D.N.Reddy/A-1 in conspiracy with A.V.K.Raju/A-11 fraudulently transferred Rs.37,54,240/- by sanctioning various false Deposit Loans, Over
Drafts in Savings Bank Accounts and making fraudulent debits in the Current
Accounts.
(b) On 26.10.1991, fraudulent Deposit Loan was allowed by D.N.Reddy/
A-1 for Rs.1,50,000/- without loan application. The above amount was credited to Savings Bank Account of A.V.K.Raju/A-11 at Andhra Bank, Bhanur Branch vide
S.B. No.698. D.N.Reddy/A-1, A.V.K.Raju/A-11 defrauded the bank to a sum of
Rs.1.5 lakhs on 26.10.1991.
(c) On 13.01.1992, fraudulent Deposit Loan was raised by D.N.Reddy/A-1 for Rs.1,50,000/- without loan application in the name of A.V.K.Raju/A-11 and the amount was paid in cash by the cashier on 13.01.1992. D.N.Reddy/A-1,
A.V.K.Raju/A-11 defrauded the bank to a sum of Rs.1.5 lakhs on 13.01.1992.
(d) On 30.12.1991, Savings Bank Account of A.V.K.Raju/A-11 bearing
Account No.968 was having nil balance. On 25.02.1992, Temporary Over Draft of Rs.1,50,000/- was allowed by D.N.Reddy/A-1 vide cheque No.207993, dt.25.02.1992 signed by A.V.K.Raju/A-11 and the amount was withdrawn by cash. D.N.Reddy/A-1, A.V.K.Raju/A-11 defrauded the bank to a sum of
Rs.1,50,000/- on 16.03.1992.
(e) On 21.03.1992, fraudulent debit of Rs.6.25 lakhs was made to Deposit
Loan Account mentioning Bharat Dynamics Ltd. as beneficiary without loan document by D.N.Reddy/A-1. A.V.K.Raju/A-11 has withdrawn Rs.3.5 lakhs vide withdrawal voucher on 21.03.1992, the remaining amount of Rs.2.75 lakhs was taken over by D.N.Reddy/A-1. D.N.Reddy/A-1 and A.V.K.Raju/A-11 defrauded the bank to a sum of Rs.6.25 lakhs on 21.03.1992.
(f) On 20.10.1993, D.N.Reddy/A-1 created FDR No.67/93-94, dt.11.08.1993 for Rs.45,45,600/- favouring M.K.Jani/A-2, with part of the amount, two Demand Drafts were issued in favour of EE(IB), Nalgonda for
Rs.1115/- and Rs.1,00,250/- bearing Demand Draft Nos.503 and 504 favouring
A.V.K.Raju/A-11. D.N.Reddy/A-1, A.V.K.Raju/A-11 defrauded the bank to a sum of Rs.1,01,365/- on 20.10.1993.
(g) On 11.01.1994, fraudulent debit was made by D.N.Reddy/A-1 to the
Current Account of A.V.K.Raju/A-11 for Rs.98,250/- vide cheque bearing
No.915305 bearing Account No.C.D. 239. The amount was paid in cash to
P.26 CC No.14 of 1998
D.N.Reddy/A-1 by the cashier of the bank. D.N.Reddy/A-1, A.V.K.Raju/A-11 defrauded the bank to a sum of Rs.98,250/- on 11.01.1994.
(h) On 18.01.1994, fraudulent debit was made by D.N.Reddy/A-1 to the
Current Account of A.V.K.Raju/A-11 for Rs.3,00,000/- vide cheque bearing
No.915308 bearing Account No.C.D. 239. The amount was paid in cash to
D.N.Reddy/A-1 by the cashier of the bank. D.N.Reddy/A-1, A.V.K.Raju/A-11 defrauded the bank to a sum of Rs.3,00,000/- on 18.01.1994.
(i) On 19.01.1994, fraudulent debit was made by D.N.Reddy/A-1 to the
Current Account of A.V.K.Raju/A-11 for Rs.3,00,000/- vide cheque bearing
No.915309 bearing Account No.C.D. 239. Rs.1,00,000/- was paid in cash to
D.N.Reddy/A-1 by the cashier of the bank. Demand Draft for Rs.2,00,000/- was taken in the name of M/s. Prime Pharmatech India Ltd. D.N.Reddy/A-1,
A.V.K.Raju/A-11 defrauded the bank to a sum of Rs.1,00,000/- on 19.01.1994.
(j) On 09.02.1994, fraudulent debit was made by D.N.Reddy/A-1 to the
Current Account of A.V.K.Raju/A-11 for Rs.7.5 lakhs vide cheque bearing
No.915311 bearing Account No.C.D. 239, the cheque was signed by
A.V.K.Raju/A-11. BA-1 was issued by D.N.Reddy/A-1 for Rs.6,00,000/- in favour of B.S.Neelakanta/A-3 and the remaining amount of Rs.1,50,000/- was taken over by D.N.Reddy/A-1. D.N.Reddy/A-1, A.V.K.Raju/A-11 defrauded the bank to a sum of Rs.1.5 lakhs on 09.02.1994.
(k) On 19.02.1994, fraudulent debit was made by D.N.Reddy/A-1 to the
Current Account of A.V.K.Raju/A-11 for Rs.3.00 lakhs vide cheque bearing
No.915312 bearing Account No.C.D. 239, the cheque was signed by
A.V.K.Raju/A-11. The above said amount was paid in cash to D.N.Reddy/A-1 on 19.02.1994. D.N.Reddy/A-1, A.V.K.Raju/A-11 defrauded the bank to a sum of
Rs.3.00 lakhs on 19.02.1994.
(l) On 28.02.1994, fraudulent debit was made by D.N.Reddy/A-1 to the
Current Account of A.V.K.Raju/A-11 for Rs.2.3 lakhs vide cheque bearing
No.915315 bearing Account No.C.D. 239 with false signature of A.V.K.Raju/A-11.
D.N.Reddy/A-1, A.V.K.Raju/A-11 defrauded the bank to a sum of Rs.2.3 lakhs on 28.02.1994.
(m) On 19.03.1994, fraudulent debit was made by D.N.Reddy/A-1 to the
Current Account of A.V.K.Raju/A-11 for Rs.1.00 lakh vide cheque bearing
No.915317 bearing Account No.C.D. 239 with false signature of A.V.K.Raju/A-11.
D.N.Reddy/A-1, A.V.K.Raju/A-11 defrauded the bank to a sum of Rs.1.00 lakh on 19.03.1994.
P.27 CC No.14 of 1998
(n) On 22.03.1994, fraudulent debit was made by D.N.Reddy/A-1 to the
Current Account of A.V.K.Raju/A-11 for Rs.2.00 lakhs vide cheque bearing
No.915318 bearing Account No.C.D. 239 with false signature of A.V.K.Raju/A-11.
On the same day, D.N.Reddy/A-1 has issued Demand Draft for Rs.1.5 lakhs in favour of M.Ramakrishna Reddy drawn on Andhra Bank, Hyderabad and the remaining amount of Rs.49,625/- was taken by D.N.Reddy/A-1. D.N.Reddy/A-1,
A.V.K.Raju/A-11 defrauded the bank to a sum of Rs.49,625/- on 22.03.1994.
(o) On 26.03.1994, fraudulent debit was made by D.N.Reddy/A-1 to the
Current Account of A.V.K.Raju/A-11 for Rs.4.5 lakhs vide cheque bearing
No.915319 bearing Account No.C.D. 239 with false signature of A.V.K.Raju/A-11.
D.N.Reddy/A-1, A.V.K.Raju/A-11 defrauded the bank to a sum of Rs.4.5 lakhs on 26.03.1994.
(p) On 02.08.1994, fraudulent debit was made by D.N.Reddy/A-1 to the
Current Account of A.V.K.Raju/A-11 for Rs.4.00 lakhs vide cheque bearing
No.915322 bearing Account No.C.D. 239 signed by A.V.K.Raju/A-11. On the same day, three Demand Drafts for Rs.1.00 lakh each were issued in favour of
Pay and Accounts Officer, Kallur (Kurnool) vide D.D.Nos.962, 927 to 929, the balance amount of Rs.1.00 lakh was taken over by D.N.Reddy/A-1.
D.N.Reddy/A-1, A.V.K.Raju/A-11 defrauded the bank to a sum of Rs.4.00 lakhs on 02.08.1994.
(q) On 29.10.1994, fraudulent Deposit Loan was allowed for Rs.4.00 lakhs mentioning Meda Ramakrishna Reddy as beneficiary vide No.17/94-95. The proceeds were credited to the account of A.V.K.Raju/A-11 vide C.D. No.239 by
D.N.Reddy/A-1. A.V.K.Raju/A-11 has withdrawn the above said amount on 31.10.1994 vide cheque No.915324. D.N.Reddy/A-1, A.V.K.Raju/A-11 defrauded the bank to a sum of Rs.4.00 lakhs on 29.10.1994.
(xiii) (a) D.N.Reddy/A-1 in conspiracy with M.Arvind Reddy/A-4,
A.V.K.Raju/A-11, Madadi Ramakrishna Reddy/A-16, Madadi Anantha Ram
Reddy/A-17, M/s. Sree Lakshmi Saraswati Paper Mills Ltd. defrauded the bank to a sum of Rs.58,65,000/- on different dates. M/s. Sree Lakshmi Saraswati Paper
Mills Ltd. is promoted by Madadi Ramakrishna Reddy/A-16 and Madadi Anantha
Ram Reddy/A-17.
(b) On 13.04.1992, fraudulent debit was made by D.N.Reddy/A-1 in the account of M/s. Meridian Granites Pvt. Ltd. vide C.D. No.191 for Rs.7.00 lakhs without authorisation of the account holder and cash was paid to D.N.Reddy/A-1.
D.N.Reddy/A-1 has transferred Rs.2.00 lakhs to M/s. Sree Lakshmi Saraswati
P.28 CC No.14 of 1998
Paper Mills Ltd. and he obtained cash remittance receipt for the above said amount. D.N.Reddy/A-1, Madadi Ramakrishna Reddy/A-16 and Madadi Anantha
Ram Reddy/A-17 defrauded the bank to a sum of Rs.7.00 lakhs on 13.04.1992.
(c) On 13.04.1992, fraudulent debit is made by D.N.Reddy/A-1 in Savings
Bank Account No.840 for Rs.5.00 lakhs without authorisation of the account holder. D.N.Reddy/A-1, Madadi Ramakrishna Reddy/A-16 and Madadi Anantha
Ram Reddy/A-17 defrauded the bank to a sum of Rs.5.00 lakhs on 13.04.1992.
(d) On 19.05.1992, fraudulent debit entry was made by D.N.Reddy/A-1 in
Clean Bill Purchased Account and Demand Draft for Rs.5.00 lakhs was issued in favour of M.Arvind Reddy/A-4, the same was encashed across the counter at
Andhra Bank, Narayanaguda and he signed the debit voucher. D.N.Reddy/A-1,
Madadi Ramakrishna Reddy/A-16 and Madadi Anantha Ram Reddy/A-17 defrauded the bank to a sum of Rs.5.00 lakhs on 19.05.1992.
(e) On 03.07.1992, fraudulent debit was made by D.N.Reddy/A-1 in favour of M/s. Meridian Granites Pvt. Ltd. for Rs.10.00 lakhs vide C.D. No.191 at
Andhra Bank, Bhanur Branch without authorisation from the account holder.
D.N.Reddy/A-1, M.Aravind Reddy/A-4, Madadi Ramakrishna Reddy/A-16 and
Madadi Anantha Ram Reddy/A-17 defrauded the bank to a sum of Rs.10.00 lakhs on 03.07.1992.
(f) On 10.07.1992, fraudulent debit was made by D.N.Reddy/A-1 for
Rs.4.50 lakhs to M/s. Meridian Granites Pvt. Ltd. at Andhra Bank, Bhanur Branch vide C.D. No.191 without authorisation of the account holder. D.N.Reddy/A-1,
Madadi Ramakrishna Reddy/A-16 and Madadi Anantha Ram Reddy/A-17 defrauded the bank to a sum of Rs.4.50 lakhs on 10.07.1992.
(g) On 05.08.1992, fraudulent debit was made by D.N.Reddy/A-1 for
Rs.3.00 lakhs to M/s. Meridian Granites Pvt. Ltd. at Andhra Bank, Bhanur Branch vide C.D. No.191 without authorisation of the account holder. D.N.Reddy/A-1,
Madadi Ramakrishna Reddy/A-16 and Madadi Anantha Ram Reddy/A-17 defrauded the bank to a sum of Rs.3.00 lakhs on 05.08.1992.
(h) On 11.09.1992, fraudulent debit entry was made by D.N.Reddy/A-1 to the Current Account of Bharat Dynamics Ltd. for Rs.10.00 lakhs without any authorisation. D.N.Reddy/A-1, Madadi Ramakrishna Reddy/A-16 and Madadi
Anantha Ram Reddy/A-17 defrauded the bank to a sum of Rs.10.00 lakhs on 11.09.1992.
(i) On 21.09.1992, fraudulent debit was made by D.N.Reddy/A-1 for
Rs.12,65,000/- to Bharat Dynamics Ltd. Current Account at Andhra Bank, Bhanur
P.29 CC No.14 of 1998
Branch without making entries in the ledger. D.N.Reddy/A-1, Madadi
Ramakrishna Reddy/A-16 and Madadi Anantha Ram Reddy/A-17 defrauded the bank to a sum of Rs.12,65,000/- on 21.09.1992.
(j) On 31.08.1994, fraudulent debit was made by D.N.Reddy/A-1 for
Rs.2.00 lakhs in Deposit Loan No.17/94 without authorisation from M.R.K.Reddy and the proceeds were credited to the account of A.V.K.Raju/A-11 at Andhra
Bank, Bhanur Branch vide C.D. No.239. D.N.Reddy/A-1, Madadi Ramakrishna
Reddy/A-16 and Madadi Anantha Ram Reddy/A-17 defrauded the bank to a sum of Rs.1.5 lakhs on 31.08.1994.
(xiv) (a) D.N.Reddy/A-1 in conspiracy with Madadi Ramakrishna Reddy/
A-16 defrauded the bank to a sum of Rs.16,81,875/- on 03.07.1992, 20.10.1993, 22.03.1994 and 07.06.1994 by transferring the fund to Current Account, Deposit
Loan Account etc.
(b) On 03.07.1992, fraudulent debit was made by D.N.Reddy/A-1 in the account of M/s. Karti Constructions vide C.D. No.127 for Rs.6.3 lakhs without authorisation from the account holder. D.N.Reddy/A-1, Madadi Ramakrishna
Reddy/A-16 defrauded the bank to a sum of Rs.6.3 lakhs on 03.07.1992.
(c) On 20.10.1993, D.N.Reddy/A-1 has cancelled FDR No.67/93-94 favouring M.K.Jani/A-2 and I.M.Jani for Rs.45,45,000/- without authorisation and part of the proceeds were utilised and issued Demand Draft for Rs.8.00 lakhs favouring Madadi Ramakrishna Reddy/A-16. D.N.Reddy/A-1, Madadi
Ramakrishna Reddy/A-16 defrauded the bank to a sum of Rs.8,01,500/- on 20.10.1993.
(d) On 22.03.1994, fraudulent debit was made by D.N.Reddy/A-1 in the
Current Account of A.V.K.Raju/A-11 of Andhra Bank, Bhanur Branch for a sum of
Rs.2.00 lakhs bearing Account No.239 with forged signature of the account holder. D.N.Reddy/A-1, M.R.K.Reddy/A-16 defrauded the bank to a sum of
Rs.1,50,375/- on 22.03.1994.
(e) On 07.06.1994, fraudulent debit was made by D.N.Reddy/A-1 in the
Deposit Loan Account for Rs.2.00 lakhs mentioning Meda Ramakrishna Reddy as beneficiary without authorisation of the loan account holder and an amount of
Rs.1.00 lakh was utilised favouring M.Ramakrishna vide Demand Draft
No.962023. D.N.Reddy/A-1, Madari Ramakrishna Reddy/A-16 defrauded the bank to a sum of Rs.1.00 lakh on 07.06.1994.
P.30 CC No.14 of 1998
(xv) D.N.Reddy in conspiracy with Arvind Reddy/A-4, A.V.Narayana
Reddy/A-20 defrauded the bank to a sum of Rs.15,03,750/- on 02.09.1992 and caused the wrongful loss to the bank.
(xvi) D.N.Reddy in conspiracy with P.Saibabu/A-9 defrauded the bank to a sum of Rs.2,50,000/- on 14.10.1993 and caused wrongful loss to the bank.
(xvii) D.N.Reddy/A-1 in conspiracy with R.Seshagiri Rao/A-10 defrauded the bank to a sum of Rs.4.00 lakhs on 22.03.1994 and caused wrongful loss to the bank.
(xviii)D.N.Reddy/A-1 in conspiracy with A.V.K.Raju/A-11 and
V.V.Nalinidhar/A-22 defrauded the bank to a sum of Rs.6,00,500/- on 10.01.1994, 19.01.1994 and 02.03.1994 and caused wrongful loss to the bank.
(xix) (a) D.N.Reddy/A-1 defrauded the bank to a sum of Rs.19,56,601.53 and caused pecuniary gain for himself and caused loss to the bank.
(b) On 08.10.1992, fraudulent debit was made in the Current Account head by D.N.Reddy/A-1 for Rs.13.00 lakhs, the corresponding debit voucher was not traceable pertaining to C.D. No.240. D.N.Reddy/A-1 obtained cash remittance of Rs.8.00 lakhs on 07.10.1992 and Rs.5.00 lakhs on 08.10.1992 at
Andhra Bank, Ameerpet Branch which were adjusted by making fraudulent debit entries.
(c) On 30.06.1993, fraudulent debit entry was made by D.N.Reddy/A-1 in the account of M/s. Jani Clency and Richards for Rs.1.00 lakh vide C.D. Account
No.240. D.N.Reddy/A-1 has taken the cash by way of cheque No.915431, dt.24.06.1993 with false signature of the drawer.
(d) On 09.07.1993, a debit entry was made by D.N.Reddy/A-1 in the account of M/s. Jani Clency and Richards vide cheque No.915432 for Rs.851.53 vide C.D. No.240 and the proceeds were utilised to issue a pay order favouring
Madhusudan K. Jani/A-2 with false signature of the account holder vide Pay
Order No.917927. The proceeds were credited to Savings Bank Account No.822 favouring Lions Club of Bhanur on 11.07.1993.
(e) On 11.08.1993, a false debit was made by D.N.Reddy/A-1 to the
Deposit Loan Account vide D.L.No.31/93-94 for a sum of Rs.1,65,000/- mentioning Meda Ramakrishna Reddy/A-18 as beneficiary. D.N.Reddy/A-1 has obtained the cash.
(f) On 20.08.1993, fraudulent debit was made by D.N.Reddy/A-1 to the
Deposit Loan Account of M.Ramakrishna Reddy for a sum of Rs.50,000/- bearing
P.31 CC No.14 of 1998
Loan Account No.37/93. The amount was paid in cash to D.N.Reddy/A-1 by the bank.
(g) On 24.08.1993, a fraudulent debit was made by D.N.Reddy/A-1 in the
Deposit Loan Account of M.Ramakrishna Reddy for a sum of Rs.10,000/- bearing
Loan Account No.37/93. The above said amount was paid in cash to
D.N.Reddy/A-1.
(h) On 17.09.1993, a fraudulent debit was made by D.N.Reddy/A-1 in the
Deposit Loan Account of M.Ramakrishna Reddy for a sum of Rs.30,000/- bearing
Loan Account No.37/93. The above said amount was paid in cash to
D.N.Reddy/A-1. On 28.12.1994, an amount of Rs.25.00 lakhs was received in cash in C.D. Account No.240 of M/s. Jani Clency and Richards.
(xx) (a) D.N.Reddy/A-1 has falsified the bank accounts of Andhra Bank,
Bhanur Branch on 17.06.1992, 21.01.1993, 16.06.1993, 11.08.1993, 22.12.1993, 10.01.1994, 30.03.1994, 15.06.1994 and 25.06.1994 to cover up the fraudulent transactions from detection by inspection officials.
(b) On 17.06.1992, D.N.Reddy/A-1 has debited an amount of
Rs.4,67,53,846.18 in the account of Bharat Dynamics Ltd. and credited the
Sundry Creditors Account with a view to respond to BA-4 to be raised by BDL
Extension Counter.
(c) On 21.01.1993, fraudulent debit was made by D.N.Reddy/A-1 to the
Deposit Loan Account mentioning Bharat Dynamics Ltd. as beneficiary for
Rs.1.50 crores and the amount was credited to C.D. Account No.1 of Bharat
Dynamics Ltd. The debit and credit vouchers were prepared by D.N.Reddy/A-1.
(d) On 16.06.1993, D.N.Reddy/A-1 has debited the Current Account of
Bharat Dynamics Ltd. vide C.D. 1 for Rs.3,67,98,408.74 being the expenditure and credited the Sundry Creditors Account with a view to respond to BA-4 to be raised by BDL Extension Counter of Andhra Bank, Santoshnagar Branch. The amounts credited to various accounts are as under :
a.Fixed deposit No.68/93-94 favouring BDLRs. 1,29,75,668-74 b.Deposit Loan Account 31/93-94 MRK ReddyRs. 1,65,000-00 c.Deposit Loan Account 1/93 BDLRs. 1,62,36,205-00 d.Deposit Loan Account 25/92-93Rs. 12,21,535-00 e.FD No.66/93-94 dt.11.8.93 forRs. 16,54,500-00 f.FD No.67/93-94 dt.11.8.93 for Rs. 45,45,600-00 Total:Rs. 3,67,98,408-74
P.32 CC No.14 of 1998
(e) On 22.12.1993, D.N.Reddy/A-1 has cancelled FDR No.68/93-94, dt.11.08.1993 for Rs.1,29,75,668.74 favouring Bharat Dynamics Ltd. without authorisation and credited an amount of Rs.5,45,825/- in the Current Account of the General Ledger. Remaining amount of Rs.1,28,00,000/- was renewed as
FDR vide No.138/93-94.
(f) On 10.01.1994, D.N.Reddy/A-1 has prematurely closed FDR
No.138/93-94 for Rs.1,28,00,000/- of Bharat Dynamics Ltd. and the proceeds were credited to Current Account head in General Ledger.
(g) On 30.03.1994, a fraudulent debit was made by D.N.Reddy/A-1 in
Fixed Deposit by way of debit voucher to a sum of Rs.3.00 crores and the proceeds were credited to C.D. 1 of Bharat Dynamics Ltd. Account. On the same day, D.N.Reddy/A-1 responded to BA-4 for Rs.3,67,98,408.74 utilising the left out amount in C.D. Account.
(h) On 07.06.1994, D.N.Reddy/A-1 has made debit entry in Current
Account of Bharat Dynamics Ltd. for Rs.27,96,710/- vide RIS No.639/4/94 as per the advice of Bharat Dynamics Ltd. D.N.Reddy/A-1 instead of sending the credit to IBD, Hyderabad, misutilised the amount on 07.06.1994 and 08.06.1994 and the IBD was reimbursed on 28.06.1994 by another fraudulent debit in the C.D.
Account of Bharat Dynamics Ltd.
(i) On 15.06.1994, a debit entry was made by D.N.Reddy/A-1 in the
Current Account of Bharat Dynamics Ltd. for Rs.3,72,78,358/- which was credited to GTD Account. Rs.3,72,78,358/- was the final fraudulent figure and remained unresponded by the branch till the fraud was unearthed on 01.02.1995.
(j) On 25.06.1994, a fraudulent debit was made by D.N.Reddy/A-1 in the account of Bharat Dynamics Ltd. for a sum of Rs.3,02,64,655/- vide C.D. No.1 with debit voucher and the proceeds were transferred to BDL Extension Counter by BA-1. Entries were not posted in BDL Register Sheet.
(xxi) S.Koteswara Rao, Deputy General Manager, HRD, Andhra Bank,
Head Office, Hyderabad is competent authority to remove the accused public servants from service and accorded sanction under Section 19 of P.C. Act to prosecute D.N.Reddy/A-1, M.Arvind Reddy/A-4, B.Venkateswara Rao/A-24 and
T.Venkat Rao/A-25.
(xxii) D.N.Reddy/A-1 while working at Andhra Bank, Bhanur Branch as
Branch Manager from 02.07.1990 to 02.02.1995 criminally conspired with the other accused and caused pecuniary advantage to himself and other accused
P.33 CC No.14 of 1998 and caused wrongful loss to the bank which discloses the offences punishable under different sections of law and prayed to punish the accused.
3. On appearance of the accused, copies of documents were furnished to them as contemplated under law.
4. (i) (a) M.Arvind Reddy/A-4 has filed application under Section 239 Cr.P.C.
on 30.06.2001 vide Crl.M.P.No.606/2001 to discharge him from the main case.
CBI has filed counter opposing the said application. This Court vide order dt.06.07.2001 has allowed the application of A-4 and he was discharged from the main case.
(b) Meda Ramakrishna Reddy/A-18 and Meda Raghunath Reddy/A-19 have filed joint application on 16.07.2001 vide Crl.M.P.No.629/2001 under
Section 239 Cr.P.C. to discharge them from the main case. CBI has filed counter opposing the application. This Court vide order dt.31.01.2002 has allowed the application of A-18 and A-19 and discharged them from the main case.
(c) A.V.Narayana Reddy/A-20 has filed application under Section 239
Cr.P.C. on 10.07.2001 vide Crl.M.P.No.627/2001 to discharge him from the main case. CBI has filed counter opposing the application. This Court vide order dt.12.07.2001 allowed the application of A-20 and discharged him from the main case.
(ii) CBI has preferred revision aggrieved by the orders of this Court in
Crl.M.P.No.606/2001, dt.06.07.2001 (A-4) before the Hon‟ble High Court vide
CRL.R.C.No.232/2003, preferred revision aggrieved by the orders of this Court in
Crl.M.P.No.629/2001, dt.31.01.2002 (A-18 & A-19) before the Hon‟ble High Court
vide CRL.R.C.No.405/2002 and also preferred revision aggrieved by the orders of this Court in Crl.M.P.No.627/2001, dt.12.07.2001 (A-20) before the Hon‟ble High
Court vide CRL.R.C.No.556/2004.
P.34 CC No.14 of 1998 (iii) (a) Madhusudan K. Jani/A-2 has filed application under Section 239
Cr.P.C. vide Crl.M.P.No.134/1999 to discharge him from the main case. CBI has filed counter opposing the said application.
(b) R.Seshagiri Rao/A-10 has filed application under Section 239 Cr.P.C.
vide Crl.M.P.No.589/2001 to discharge him from the main case. CBI has filed counter opposing the said application.
(c) Smt. D.Tulasi/A-15 has filed application under Section 239 Cr.P.C. vide
Crl.M.P.No.587/2001 to discharge her from the main case. CBI has filed counter
opposing the said application.
(d) Madadi Ramakrishna Reddy/A-16 has filed application under Section 239 Cr.P.C. on 18.01.2001 vide Crl.M.P.No.121/2001 to discharge him from the main case. CBI has filed counter and opposed the application.
(e) Madadi Anantha Ram Reddy/A-17 has filed application under Section 239 Cr.P.C. on 18.01.2001 vide Crl.M.P.No.122/2001 to discharge him from the main case. CBI has filed counter and opposed the application.
(f) Smt. K.Dhanalakshmi/A-21 has filed application under Section 239
Cr.P.C. vide Crl.M.P.No.588/2001 to discharge her from the main case. CBI has filed counter opposing the said application.
(g) B.Venkateswar Rao/A-24 and T.Venkat Rao/A-25 have filed joint application on 19.01.1999 vide Crl.M.P.No.71/1999 under Section 239 Cr.P.C. to discharge them from the main case. CBI has filed counter opposing the application.
(h) This Court vide common order dt.02.07.2001 has allowed the application of A-16/Madadi Ramakrishna Reddy (Crl.M.P.No.121/2001), A-17/
Anantha Ram Reddy (Crl.M.P.No.122/ 2001), A-24/B.Venkateswara Rao and
A-25/T.Venkat Rao (Crl.M.P.No.71/1999) and discharged them from the main case and dismissed the applications of A-2/Madhusudan K. Jani (Crl.M.P.No.134/
P.35 CC No.14 of 1998 1999), A-10/R.Seshagiri Rao (Crl.M.P.No.589/2001), A-15/Smt. D.Tulasi (Crl.M.P.No.587/2001), A-21/Smt. K.Dhanalakshmi (Crl.M.P.No.588/ 2001).
(iv) (a) CBI has preferred revision aggrieved by the orders of this Court in
Crl.M.P.No.71/1999, dt.02.07.2001 (A-24 & A-25) before the Hon‟ble High Court
vide CRL.R.C.No.452/2007, preferred revision aggrieved by the orders of this
Court in Crl.M.P.No.121/2001, dt.02.07.2001 (A-16) before the Hon‟ble High
Court vide CRL.R.C.No.401/2007, also preferred revision aggrieved by the orders of this Court in Crl.M.P.No.122/2001, dt.02.07.2001 (A-17) before the Hon‟ble
High Court vide CRL.R.C.No.233/2003.
(b) Smt. D.Tulasi/A-15 has preferred revision before the Hon‟ble High
Court aggrieved by the orders of this Court in Crl.M.P.No.587/2001, dt.02.07.2001 vide CRL.R.C.No.1482/2001. Smt. K.Dhanalakshmi/A-21 has preferred revision before the Hon‟ble High Court aggrieved by the orders of this
Court in Crl.M.P.No.588/2001, dt.02.07.2001 vide CRL.R.C.No.781/2002.
(c) The Hon‟ble High Court has taken up all the Criminal Revision Cases preferred by CBI (pertaining to A-4, A-16, A-17, A-18 & A-19, A-20 and A-24 &
A-25) and also taken up the Criminal Revision Cases preferred by A-15 and A-21 and passed the common order on 14.08.2007 dismissing the Criminal Revision
Cases preferred by CBI and of A-15 and A-21.
(d) CBI aggrieved by the dismissal orders of Criminal Revision Cases dt.14.08.2007 (A-4, A-16, A-17, A-18 & A-19, A-20 and A-24 & A-25) have preferred Criminal Appeals before the Hon‟ble Supreme Court of India vide
Criminal Appeal No.151/2011 [CRL.R.C.No.405/2002/A-18 & A-19], Criminal
Appeal No.152/2011 [CRL.R.C.No.232/2003/A-4], Criminal Appeal No.153/2011 [CRL.R.C.No.233/2003/A-17], Criminal Appeal No.154/2011 [CRL.R.C.No.556/ 2004/A-20], Criminal Appeal No.155/2011 [CRL.R.C.No.401/2007/A-16], Criminal
Appeal No.156/2011 [CRL.R.C.No.452/2007/A-24 & A-25]. The Hon‟ble Supreme
P.36 CC No.14 of 1998
Court has taken up Criminal Appeal Nos.151 – 156/2011 and passed common order on 24.07.2012 and dismissed all the appeals preferred by CBI.
5. Case against B.Nagaraj/A-13 and D.Yugandhar/A-14 is split up from the main C.C. as per docket order dt.05.09.2003 and new case number is assigned against them vide C.C.No.23/2003.
6. (i) Charges are framed against A-1 to A-3, A-5 to A-12, A-15, A-21, A-22 and A-23 on 05.09.2003 as under :
Name of the AccusedSection of Law
D.Narasimha Reddy (A-1)U/S. 120-B, 420, 471, 477-A of IPC and U/S.13(2) r/w Section 13(1)(d) of P.C. Act, 1988 Madhusudan K. Jani (A-2) B.S.Neelakanta (A-3) B.Naganna (A-5) Mahesh A. Raju (A-6) P.V.K.Raju (A-7) Sadasiv Bhatt (A-8)U/S. 120-B, 420, 471, 477-A of IPC P.Sai Babu (A-9) R.Seshagiri Rao (A-10) A.V.K.Raju (A-11) B.Siva Kumar (A-12) Smt. D.Tulasi (A-15) Smt. K.Dhanalakshmi (A-21) V.V.Nalinidhar (A-22) P.S.Shah (A-23)
The above said accused have pleaded not guilty and claimed to be tried.
(ii) Charges are framed against A-13 and A-14 in C.C.No.23/2003 on 26.09.2003 as under :
Name of the AccusedSection of Law
B.Nagaraj (A-13) D.Yugandhar (A-14)U/S. 120-B, 420, 471, 477-A of IPC
The above said accused have pleaded not guilty and claimed to be tried.
P.37 CC No.14 of 1998
(iii) C.C.No.23/2003 (A-13 and A-14) is merged with the main case (C.C.No.14/1998) as per the docket order dt.13.10.2003.
7. Prosecution has examined PW-1 to PW-40 and got marked Ex.P1 to
Ex.P742. DW-1 is examined and Ex.D1 to Ex.D4 are marked, Ex.D5 is marked in the cross-examination of PW-2.
8. (i) During pendency of the case, A-5 reported to have been died and case against him is abated as per the docket order dt.26.03.2007.
(ii) A-1 to A-3, A-6 to A-15, A-21, A-22 and A-23 are examined under
Section 313 Cr.P.C. and the incriminating evidence is put forth before them, they pleaded not guilty and claimed to be tried.
(iii) (a) A-1 has filed his written statement in support of his contention and contended as under :
That he/A-1 joined in Andhra Bank as a clerk in October, 1976, promoted as an officer on 27.03.1981. He/A-1 worked as a Manager, Andhra Bank, Bhanur from June, 1990 to January, 1995 and he/A-1 was placed under suspension for certain irregularities by the Head Office.
Andhra Bank, Bhanur Branch is a heavy branch, besides the Manager there are two to three officers and five to six supporting staff. Day-to- day working of the bank is difficult to strictly follow the instructions and the limits prescribed by the Head Office of the bank in the larger business interest and in view of customer relationship.
He/A-1 might have exceeded the limits conferred on him while working in Andhra Bank, Bhanur Branch in the matter of accounts and has always sought confirmation from the competent authority.
He/A-1 has reflected all the transactions in the books of accounts like vouchers, transfer scrolls etc. and charged interest on the loans, collected bank commissions, bank charges on Demand Drafts and Pay Orders issued to the customers. Most of the customers were having accounts at other branches of Andhra Bank prior to their opening the account at Andhra Bank, Bhanur Branch. Bank has sustained no loss with his actions.
Andhra Bank, Bhanur Branch was graded as „A‟ by the Head Office on the performance basis during his tenure.
P.38 CC No.14 of 1998 Andhra Bank, Bhanur Branch was inspected regularly by the Regional Manager of the bank and also by the Inspection Department and none of the irregularities figuring in the case had been reported in the inspection report. He/A-1 has raised Deposit Loans on the deposits of M.K.Jani (A-2) on the basis of letters given by him.
Andhra Bank, Bhanur Branch has filed O.S.No.75/1998 before III Additional Chief Judge, Hyderabad for recovery of the outstanding amount in the loan account of M.K.Jani (A-2) and others and the suit is pending consideration.
The allegations levelled against him/A-1 in the present case are civil in nature and are not criminal offences. He/A-1 has not caused any pecuniary advantage to any person and to himself in the alleged transactions and he/A-1 has not committed any offence.
(b) A-2 has filed his written statement in support of his contention and contended as under :
He/A-2 is an income tax assessee since 1961 and has been filing the returns. The amounts aggregating to Rs.40.00 lakhs, Rs.15.00 lakhs and Rs.64,28,708/- were held by him/A-2 and his wife (Mrs. Indumati K. Jani). Rs.40.00 lakhs and Rs.15.00 lakhs were in his/A-2 name and in the name of his wife (jointly). Indumati K. Jani died on 28.01.2008. An amount of Rs.64,28,708/- was held in the name of M/s. Jani Clency and Richards.
Sadasiv Bhatt/A-8 is known to him/A-2 since 1975-76, A-8 has informed him that if the money is transferred from Bombay to Andhra Bank, Bhanur Branch, Hyderabad under the Kalpataru Fixed Deposit Scheme, the interest will be cumulative quarterly. He/A-2 and his wife were having huge amount of Rs.1,19,28,708/- and they discussed the matter with Sadasiv Bhatt/A-8 making it clear that an amount of Rs.64,28,708/- be kept in Current Account No.C.D. 240 and the balance amount to be kept in Fixed Deposit.
He/A-2 came down to Hyderabad, signed the necessary forms and deposited the amount by transfer from Bombay to Andhra Bank, Bhanur Branch, all the monies that were brought in were misused by the Branch Manager (D.N.Reddy/A-1). He/A-2 and his wife have lost their life‟s earnings. He/A-2 is aged about 86 years, came to the Court in a stretcher, he/A-2 is innocent and fighting for justice so that he can die in peace.
(c) A-3 has filed his written statement in support of his contention and contended as under :
He/A-3 commenced the business in the name and style of Urvasi Bar & Restaurant at Panjagutta, Hyderabad by obtaining loan of Rs.1.00 lakh
P.39 CC No.14 of 1998 from Andhra Bank, Ameerpet Branch, Hyderabad and has cleared the said loan and expanded his business activities in the year 1990 and started Urvasi Enterprises in which Andhra Bank, Somajiguda Branch, Hyderabad is situated since 15 years. Andhra Bank has sanctioned loan of Rs.16.00 lakhs towards construction of the building for Andhra Bank, Somajiguda Branch and Rs.25.00 lakhs towards opening of Urvasi Enterprises at Somajiguda, Hyderabad, both the loans were repaid promptly.
He/A-3 being the businessman since 1985, in order to expand his business activities used to borrow money on interest from various persons towards purchase of lands and construction of buildings. He/A-3 has no knowledge that the amounts so received were tainted amounts and he/A-3 has not doubted the source of funds as the same were received through proper banking legal channels and the transactions are by way of Demand Drafts and the amounts are transferred from bank to bank. He/A-3 has not received any amount from the back door or off the record. The amounts which are received into his accounts with regard to the case are the amounts which are advanced by private persons received through negotiable instruments and bank transfers which is the matter of record in O.S.No.75/1998 on the file of III Additional Chief Judge, City Civil Court, Hyderabad.
He/A-3 was shocked and surprised when he/A-3 came to know about the allegations made by CBI in the year 1995. He/A-3 is having good track record and is a old customer of Andhra Bank and has not availed any facilities by way of loans and advances nor availed Temporary Over Draft facility in Savings Bank Account.
M.K.Jani/A-2 filed a suit against Andhra Bank against him and others for recovery of amounts in O.S.No.1233/1997 on 02.02.1997 (Ex.P727). Indumati Jani W/o. A-2 filed O.S.No.1234/ 1997 (Ex.P728) for recovery of amount and the transactions pertaining to M.K.Jani/A-2 and Indumati Jani are genuine transactions and he used to pay interest.
He/A-3 has paid interest to a sum of Rs.16,71,950/- to M.K.Jani/A-2 which is mentioned in Ex.P727, he/A-3 also disclosed the said amount in income tax returns for the Assessment Year 1998-99, 1999-2000, that he/A-3 has obtained loan from M.K.Jani/A-2 to a sum of Rs.1,02,11,768/- and the tax returns were filed on 13.11.1998 and 31.12.1999.
He/A-3 was under a bonafide impression that the amount belonged to M.K.Jani/A-2 and his wife and he regularly paid interest to them, at later point of time, he came to know the amounts were paid from Andhra Bank, Bhanur Branch, he/A-3 stopped paying interest to M.K.Jani/A-2 as Andhra Bank, Bhanur Branch was claiming the amount.
P.40 CC No.14 of 1998 Andhra Bank, Bhanur Branch has filed O.S.No.75/1998 before Civil Court, Hyderabad and there was a lot of confusion at the relevant point of time to whom he/A-3 is supposed to pay the amount. He/A-3 is no way concerned with the internal management of the bank.
He/A-3 is not aware of the rules and procedure of the bank and was under a bonafide impression that the amounts so received were through proper legal banking channels. He/A-3 is shown as an accused simply because some amounts which are privately borrowed have come through bank remittance and has no privity of transaction with Andhra Bank, Bhanur Branch, has not committed any offence.
(d) A-8 has filed his written statement in support of his contention and contended as under :
He/A-8 is not aware of powers and rules of Andhra Bank, carried out the activities as a customer to the bank and the amounts which are shown in his account are the amounts paid by his clients.
PW-1 to PW-40 have not spoken about his/A-8 involvement in the case and he/A-8 is ignorant of the transactions, has not committed any offence as alleged by CBI.
(e) A-10 has filed his written statement in support of his contention and contended that PW-1 to PW-40 did not speak about his involvement in the case, he/A-10 is ignorant of the transactions and has not committed any offence.
(f) A-11 has filed his written statement in support of his contention and contended that PW-1 to PW-40 did not speak about his involvement in the case, he/A-11 is ignorant of the transactions and has not committed any offence.
(g) A-15 has filed her written statement in support of her contention and contended as under :
She/A-15 studied upto 10th class and has no working knowledge, she/A-15 is the wife of A-1/D.N.Reddy, no allegations are levelled against her in the charge sheet except stating that she/A-15 had conspired with other accused.
PW-1 to PW-40 did not speak about her/A-15 involvement in the case and she/A-15 is ignorant of transactions, she/A-15 did not affix her/ A-15 signatures on any of the documents and she/A-15 has not committed the offence.
P.41 CC No.14 of 1998
(h) A-21 has filed her written statement in support of her contention and contended that she was charged for conspiring with other accused and defrauded Andhra Bank to a tune of Rs.3.00 lakhs on 04.01.1992. The Demand
Draft for Rs.3.00 lakhs is issued in favour of K.Ashok/PW-20 who is not an accused in the case and the Demand Draft was encashed by him. PW-1 to
PW-40 did not speak about her involvement in the case and she has not conspired with any of the accused and false case is registered against her.
(i) A-22 has filed his written statement in support of his contention and contended that he has not received any amount from Andhra Bank, Bhanur
Branch. PW-1 to PW-40 did not speak about his involvement in the case and he is ignorant of the transactions, has not committed any offence as alleged by the prosecution.
(j) A-23 has filed his written statement in support of his contention and contended that he carried the banking activities as a customer of the bank.
PW-1 to PW-40 did not speak about his involvement in the case and he is ignorant of the transactions, has not committed any offence as alleged by the prosecution.
9. During the course of arguments in the main case A-2 reported to have been died and case against him is abated as per the docket order dt.15.09.2015.
A-9 reported to have been died and case against him is abated as per the docket order dt.26.02.2015. A-10 reported to have been died and case against him is abated as per the docket order dt.13.06.2012. A-11 reported to have been died and case against him is abated as per the docket order dt.11.02.2019 and A-23 reported to have been died and case against him is abated as per the docket order dt.21.06.2018.
P.42 CC No.14 of 1998
10. Heard learned Public Prosecutor and the counsels on record. Learned
Public Prosecutor and learned counsels for A-1, A-6 to A-8, A-15, A-21 and A-22 have filed their written arguments in support of their contentions apart from submitting oral arguments, perused the material on record.
11. Now, the points for determination are :
1) Whether the prosecution could able to prove the charges against A-1, A-3, A-6 to A-8, A-12 to A-15, A-21 and A-22 under Section 120-B, 420, 471 and 477-A of IPC, a charge under Section 13(2) r/w Section 13(1)(d) of P.C.
Act against A-1, beyond reasonable doubt, if so ?
2) To what relief ?
POINT No.1 :
12. (i) Learned counsel for A-1 during the course of oral arguments and in his written arguments has contended as under :
The irregularities committed in violation of established bank procedure and norms cannot be termed as illegalities, illegality makes an act or transaction null and void abinitio. Irregularity is pardonable and the defect can be cured by giving an opportunity. Irregularity pertains to non-compliance of certain procedure or technical mistakes that do not violate legal provisions.
Prosecution is relying on the evidence of PW-2 who is not a witness to the transaction and his inspection report is the basis for CBI investigation and the said report is not filed in the Court along with the charge sheet.
There is no specific written order to PW-2 to conduct inspection of Andhra Bank, Bhanur Branch. Ex.D1 to Ex.D4 are the inspection reports which discloses that the branch was graded „A‟ and given clean chit during four years of inspection.
PW-40 in his cross-examination (page 21) admitted that he did not collect any document to show that PW-2 was asked to inspect Andhra Bank, Bhanur Branch nor came across any report pointing out the irregularities committed in Andhra Bank, Bhanur Branch.
Andhra Bank has filed O.S.No.75/1998 before III Additional Chief
Judge, City Civil Court, Hyderabad for recovery of amount against him
and other accused. CBI did not allow Andhra Bank to receive back the amounts from the customers who were ready and willing to pay the amounts received by them accepting their civil liability. The beneficiaries never disputed their liability against the Temporary Over Drafts (TODs).
P.43 CC No.14 of 1998 PW-40 has conducted the investigation through exchange of letters marked as Ex.P689 to Ex.P709 and Ex.P716 to Ex.P719, the replies received by him in response to his letters which were marked as exhibits cannot be read in evidence as the same are hit by Section 161 Cr.P.C. PW-40 did not find it convenient to file the so called inspection report of PW-2 as the same disclosed irregularities in some transactions at Andhra Bank, Bhanur Branch. Adverse presumption under Section 114(g) of Indian Evidence Act may be drawn against the prosecution.
M.K.Jani/A-2 has authorised A-1 to raise loan in his Deposit Account for paying the same for the benefit of B.S.Neelakanta/A-3. Ex.P724(a) and Ex.P724(b) are the letters dt. 13.03.1995 addressed by M.K.Jani/A-2 to B.S.Neelakanta/A-3. M.K.Jani/A-2 and his wife filed civil suit vide O.S.Nos.1233/1997 and 1234/1997 pending on the file of III Additional Chief Judge, City Civil Court, Hyderabad against A-1 and others.
Ex.D1 to Ex.D4 are the inspections reports marked through DW-1 which discloses that Andhra Bank, Bhanur Branch was graded „A‟ and given clean chit during four years of inspection. Page 5 of Ex.D1 it was noted that the branch has maintained the accounts properly and systematically except few procedural irregularities and at the column “House Keeping” it was noted that there was no fraud. As per Ex.D2 at page 5 (reverse) in the column “House Keeping” it is mentioned as no fraud.
Page 41 of Ex.D2 relates to Deposit Loan Account of M/s. Bharat Dynamics Ltd., it is mentioned that there is no authorisation letter dt.04.01.1992 signed by Deputy General Manager (Finance), Bharat Dynamics Ltd. to allow Deposit Loans against the deposits of Bharat Dynamics Ltd. which is deposed by DW-1.
PW-26 (V.V.Ramana) worked as Deputy General Manager (Finance), Bharat Dynamics Ltd. during 1993 to 1995, in his cross-examination he deposed that “the bank reconciliation statement prepared by the Finance Department of Bharat Dynamics Ltd., Bhanur with reference to bank statement furnished by Andhra Bank, Bhanur Branch and Cash Book, Bank Book maintained by Bharat Dynamics Ltd., Bhanur never revealed any abnormalities and transactions were found in order.” There is no evidence to substantiate the allegations against A-1 that he had raised loans against the deposits of Bharat Dynamics Ltd. The allegations levelled against A-1 that he raised loans in the deposits of M.K.Jani/A-2 and M/s. Bharat Dynamics Ltd. is not substantiated and the allegations of the prosecution are without any basis.
Ex.D2 at page 41 relates to Deposit Loan Account of M/s. Bharat Dynamics Ltd. it is mentioned that “there was an authorisation letter dt.04.01.1992 signed by Deputy General Manager (Finance), Bharat Dynamics Ltd. to allow Deposit Loans against the deposits of Bharat Dynamics Ltd. which is spoken by DW-1.
Ex.D3 is the inspection report of Andhra Bank, Bhanur Branch from 03.05.1993 to 15.05.1993 and the rating was given as „A‟ Very Good,
P.44 CC No.14 of 1998 at page 54 of Ex.D3 in Section (c) serious irregularities, none were mentioned.
Ex.D4 is the inspection report of Andhra Bank, Bhanur Branch from 13.06.1994 to 20.06.1994 and the rating was given as „A‟ Very Good. Under Section (c) of Ex.D4 at pages 59 to 62, serious irregularities relating to crop loans, agricultural term loans and clean loans was mentioned. PW-40 stated in his cross-examination that this case does not pertain to any kind of loans and advances but irregularities.
PW-6 (P.Chandrasekhar Reddy) deposed in his cross-examination that as Sub-Manager I am the joint custodian of the branch, during my tenure no inspection was carried out for Bhanur Branch but just before my transfer to Kurnool there was an inspection for about 10 days, I do not remember the correct dates.
PW-7 (K.V.Prasad) deposed that A-1 was irregular to the branch, his deposition establishes that for all the irregularities at Bhanur Branch A-1 could not be held responsible since he was not regular to the branch.
A-1 stands in the same footing of discharged officers of Andhra Bank i.e. A-4, A-24 and A-25 and all the private persons figuring in this case are similarly placed in the footing of discharged Accused Nos.16 to 20.
PW-2 deposed in his cross-examination at page 79 that no loss is caused to the bank due to the irregularities committed by A-1 in respect of Cash Remittance Guidelines and he also deposed in his cross-examination that he did not come across during his inspection that any of the beneficiaries have diverted their funds to A-1.
It is not mentioned in Ex.P540 that A-1 has confessed to the irregularities committed in Bhanur Branch, he/A-1 had listed only seven customers of Andhra Bank to whom various amounts are reflected in the above said exhibits which were drawn, paid through BA-1 and Demand Drafts. It is also mentioned in Ex.P540 that the parties are willing to pay back the money.
Prosecution has failed to produce cogent evidence as required to be proved under Section 10 of Indian Evidence Act and failed to establish the offence under Section 120-B IPC.
PW-2 deposed that A-1 had charged interest on all Demand Drafts obtained in favour of some of the accused and as such there was no financial loss to the bank and it cannot be stated that A-1 has committed offence under Section 420 IPC.
Prosecution has failed to establish and lead evidence to show that A-1 used forged documents as genuine and offence under Section 471 IPC is not proved.
PW-2 deposed that all the transactions were recorded in the Cash Scroll, Transfer Scroll, Cash Book, Main Day Book etc. It cannot be stated that A-1 had falsified any of the accounts of Andhra Bank, Bhanur Branch and offence under Section 477-A IPC is not made out.
P.45 CC No.14 of 1998 The parties who received the amounts have accepted their liability to pay back the same to Andhra Bank, Bhanur Branch and it cannot be said that they obtained pecuniary advantage. It cannot be said that A-1 had abused his position as a public servant and obtained pecuniary advantage either for himself or for others and prosecution has failed to prove the charge under Section 13(2) r/w Section 13(1)(d) of P.C. Act, 1988.
(ii) Learned counsel for A-1 to substantiate his contentions has relied on the following decisions :
(1) R.Balakrishna Pillai vs. State of Kerala1. (2) P.Satyanarayana Murthy vs. District Inspector of Police and another2. (3) Abdulla Mohammed Pagarkar vs. State (union territory of Goa, Daman & Diu)3. (4) Ramdas vs. State of Maharashtra4. (5) S.P.Bhatnagar vs. State of Maharashtra5. (6) Sujit Biswas vs. State of Assam6. (7) Kaliram vs. State of Himachalpradesh7. (8) Bipin Shantilal Panchal vs. State of Gujarat and another8. (9) H.Siddiqui (D) by Lrs. vs. A.Ramalingam9.
13. (i) Learned counsel for A-3, A-12 to A-14 during the course of oral arguments has contended as under :
A-3, A-12 to A-14 never applied for bank loan and Bharat Dynamics Ltd. had Fixed Deposits in Andhra Bank, Bhanur Branch. A-16 to A-20 are discharged from the case which is confirmed by the Hon‟ble Supreme Court and the same applies to A-3, A-12 to A-14.
There is no conspiracy between A-3, A-12 to A-14 and they do not know each other as they are strangers. To attract conspiracy there should be a link with each of the persons. A-3, A-12 to A-14 are not parties to any of the documents in the case.
Andhra Bank, Bhanur Branch has filed civil suit in OS.No.75/1998 for recovery of money against A-3 and other defendants. A-3 is defendant No.2 in OS.No.75/1998, he and other defendants have entered into compromise and the compromise order is filed with application vide Crl.M.P.No.967/2008 under Section 294 Cr.P.C. and 1AIR 2004 SC 1012. 22015(2) ALD (Crl) 883 (SC). 31980 SCC (Crl) 546. 41977 SCC (Cri) 254. 51979 SCC (Cri) 323. 62013(2) ALD (Crl) 618 (SC). 7CDJ 1973 SC 138 = 1974 CRLJ 1. 8Indian Kanoon – http://indiankanoon.org/doc/372318/ 9Indan Kanoon – http://indiankanoon.org/doc/1462464/
P.46 CC No.14 of 1998 the same was allowed on 21.01.2019. The compromise order may be read as part of the record.
Ex.P727 is the certified copy of the plaint in O.S.No.318/2001 on the file of III Additional Chief Judge, City Civil Court, Hyderabad filed by Madhusudan K. Jani/A-2 and M/s. Jani Clency and Richards. Ex.P724 containing the references to FDRs in the name of Indumati Jani and Madhusudan K. Jani/A-2.
Companies are not shown as accused in the case and the individuals cannot come and answer the queries. There is no privity of contract with the bank to attract Section 420 of IPC. Persons who are responsible for the affairs of the company are to be arrayed as accused.
No complaint is lodged by Andhra Bank, Bhanur Branch for the irregularities in the branch. Inspection of Andhra Bank, Bhanur Branch is done by a team consists of PW-2, PW-3 and T.S.N.Prasad. Inspection report of PW-2 and PW-3 is not filed in the Court.
PW-2 has stated in his cross-examination that he do not know whether inspection report was forwarded to CBI (at page 81). PW-3 stated in his cross-examination that vigilance report is submitted to the Department.
PW-30 is not competent to speak who are the customers of Andhra Bank, Vijayanagar Colony Branch, Hyderabad.
Ex.P516 is the Demand Draft issued by Andhra Bank, Bhanur Branch in favour of Madhusudan K. Jani/A-2. Ex.P729 to Ex.P732 are nothing to do with the case and the accounts are pertaining to M/s. Urvasi Enterprises (which are marked subject to objection). Ex.P514 is nothing to do with the above exhibits. Ex.P710 to Ex.P714 are not bank records.
PW-2 is a star witness to all the documents and PW-4, PW-6 to PW-9, PW-16 to PW-18 and PW-37 are the employees of Andhra Bank, Bhanur Branch. A-3, A-12 to A-14 did not avail Temporary Over Draft facility from Andhra Bank, Bhanur Branch.
M/s. Suvnics India Pvt. Ltd. is not an accused in the case and not a party to any of the documents. A-7 is a retired military man and his name does not find place as a Director in Form-32. Consent of A-7 is not taken in the Board of Directors Meeting held on 16.12.1991 and he retired as Director on 01.03.1992.
A-3, A-12 to A-14 have not derived any money personally but went to juristic person and their signatures are not sent to an expert which is supported by the cross-examination of PW-40 at page 18 and 19.
Ex.P499 to Ex.P502 are the Demand Drafts credited into the account of M/s. Amogh Business Links.M/s. Amogh Business Links and M/s. Amogh Constructions are not made as accused.
P.47 CC No.14 of 1998 A-3, A-12 to A-14 are no way concerned with the transactions of Andhra Bank, Bhanur Branch, Hyderabad.
Prosecution has failed to prove the charges against A-3, A-12 to A-14. All the acts are done by bank employees but not by private persons. There should be parting of property between the persons and the relationship with the bank and the private persons are not known to each other.
(ii) Learned counsel for A-3, A-12 to A-14 to substantiate his contentions has relied on the following decision :
(10) Sunil Bharti Mittal vs. Central Bureau of Investigation10. (11) Central Bureau of Investigation, New Delhi vs. B.B.Agarwal and others11. (12) Munnalal Agarwal and others vs. The State of Andhra Pradesh, Represented by its Special Public Prosecutor, (CBI) High Court of A.P., at Hyderabad12.
14. (i) Learned counsel for A-6 during the course of his oral arguments and in the written arguments has contended as under :
The partnership firms M/s. India Exim or M/s. Suvnics India Exim Pvt. Ltd. are not made as an accused in the case. The Directors / Partners of the firm are made as accused, the criminal liability cannot be fastened against the Directors / Managing Directors / Partners of the firm without the company is being arraigned as accused.
The charges are framed against A-6 and the particulars of the charge, place, time etc. of the alleged offences are not stated in the charges, several transactions are shown under which the amounts are alleged to have been transferred to the account of the company and the charges must be clear and it should contain the particulars of the transactions. Framing of vague charges is violation of principles of natural justice.
Accused No.6 is alleged to have been the partner / Director of the firm / company and there is no evidence about his involvement in the alleged offence. Prosecution has not proved the charges framed against A-6 and he is entitled for acquittal.
10(2015) 4 SCC 609. 11(2020) 1 SCC (Cri) 429. 12Criminal Petition No.613 of 2013, dt.15.05.2020, Hon’ble High Court for the State of Telangana.
P.48 CC No.14 of 1998
(ii) Learned counsel for A-6 to substantiate his contentions has relied on the following decisions :
(13) Aneeta Hada vs. Godfather Travels and Tours Pvt. Ltd.13 (14) State of Madras vs. C.V.Parekh and Another14. (15) Avnish Bajaj vs. State15. (16) In re Shankarappa and others16. (17) Court on its own motion vs. Sh. Shankroo17. (18) Krishnalal Naskar vs. State18. (19) Shukul and others vs. Emperor19. (20) Salman @ Shameer vs. The State of Karnataka20.
15. Learned counsel for A-7 during the course of his oral arguments and in the written arguments has contended as under :
A-7/P.V.K.Raju was in military service as Deputy Commander Work Engineer at Vizag till the date of his retirement (February, 1992). The name of A-7 was proposed for the post of Director in M/s. Suvnics India Exim Ltd. on 16.12.1991 and authorised to operate the bank account with State Bank of India. A-7 has realised that he could not act as Director of the company as he was in Defence service at the relevant time and he informed Mahesh A. Raju/A-6 who was the Managing Director of the company to revoke the proposed authorisation as well as Directorship.
PW-40 deposed in his cross-examination that in Ex.P690 the name of P.V.K.Raju/A-7 is not shown as a Director. Prosecution failed to prove the charges against A-7 and A-7 is entitled for acquittal.
16. Learned counsel for A-8 during the course of his oral arguments and in the written arguments has contended as under :
The documents which are seized by PW-40 in the residence of A-8 are marked as Ex.P724which contains the correspondence between A-2 and A-8. The names of A-1 and A-3 also figured in the correspondence with regard to the deposits of A-2 with Andhra Bank, Bhanur Branch.
13(2012) 5 SCC 661. 141970(3) SCC 491. 15Indian Kanoon – http://indiankanoon.org/doc/309722/ 16AIR 1958 AP 380. 171983 Crl.L.J. 63. 181982 Cri.L.J. 1305 = LAWS (CAL) 1981 7 62. 19AIR 1933 All 314 = http://indiankanoon.org/doc/29169/ 20Indian Kanoon - http://indiankanoon.org/doc/129756505/
P.49 CC No.14 of 1998 Ex.P724(a) and Ex.P724(b) indicates that A-2 had authorised A-1 to deal with the deposits as per the instructions and the amounts were credited to the account of A-8.
A-8 has utilised the money received by him on account of the FDRs of A-2 and he is liable to pay the amount to A-2. There is no privity of contract between A-8 and Andhra Bank, Bhanur Branch.
PW-2 speaks about the irregularities which took place in Andhra Bank, Bhanur Branch and he is no way concerned with the transactions, had no personal knowledge about the documents. Prosecution failed to prove the charges against A-8 and he is entitled for acquittal.
17. (i) Learned counsel for A-15 during the course of his oral arguments and in the written arguments has contended as under :
A-15 happened to be a partner in M/s. India Exim who had an account with State Bank of India, Main Branch, Hyderabad and as per the deposition of PW-33 the said account was operated by A-3 and A-6 but not by A-15.
A-15 is one of the partner in M/s. Amogh Business Links and PW-15 deposed that M/s. Amogh Business Links opened the account with Bank of Baroda, Masabtank Branch on 24.06.1994 vide Account No.1193 which was operated by A-3.
Though A-15 was a partner in M/s. India Exim and M/s. Amogh Business Links, she was not authorised to operate the bank accounts of the firm and allegations cannot be attributed against her. Prosecution has failed to prove the charges against A-15 and she is entitled for acquittal.
(ii) Learned counsel for A-15 to substantiate his contentions has relied on the following decision :
(21) Gulam Sarbar vs. State of Bihar (Now Jharkhand)21.
18. Learned counsel for A-21 during the course of his oral arguments and in the written arguments has contended as under :
K.Dhanalakshmi/A-21 happens to be one of the partner in M/s. Sai Enterprises. K.Ashok/PW-20 is also one of the partner in the above said firm and he is not prosecuted.
212014 CrLJ 34 (SC).
P.50 CC No.14 of 1998 K.Ashok/PW-20 deposed that he had given loan of Rs.2.00 lakhs to M/s. Sai Enterprises which in turn they have returned him Rs.3.00 lakhs (Ex.P85) in form of Demand Draft, out of which PW-20 has taken an amount of Rs.2.00 lakhs and he did not depose about the balance amount of Rs.1.00 lakh.
PW-40 deposed in his cross-examination that there is no document to show that M/s. Sai Enterprises has directly received the amount from Andhra Bank, Bhanur Branch. Prosecution failed to prove the charges against A-21 and she is entitled for acquittal.
19. Learned counsel for A-22 during the course of his oral arguments and in the written arguments has contended as under :
PW-28 deposed that on receipt of Demand Drafts for Rs.2.00 lakhs each, M/s. Prime Pharmatech Ltd. had allotted shares in the name of S.Rajaiah, Ch.Venkat Reddy, V.V.Nalinidhar as per Ex.P587, Ex.P589 and Ex.P591 and the share certificates were in the custody of the company which were subsequently handed over to PW-40. PW-28 stated in his cross-examination that on the instructions of CBI the company had returned the amount to Andhra Bank.
CBI has failed to prosecute S.Rajaiah and Ch.Venkat Reddy. PW-40 had obtained the specimen signatures of Venkat Reddy for the best reasons known to him and the specimen signatures of A-22 and Rajaiah were not obtained by the investigating officer.
PW-40 admitted in his cross-examination that share certificates were not delivered to A-22. Prosecution failed to prove the charges against A-22 and he is entitled for acquittal.
20. (i) Per contra, learned Public Prosecutor has contended as under :
The report given by PW-2 is an internal report for taking disciplinary action against A-1 and mere non-filing of the report is not fatal to case of the prosecution.
The persons who meddled with the amounts are shown as accused. Non-arraying of companies [M/s. Suvnics India Exim Ltd., M/s. India Exim, M/s. Amogh Business Links, M/s. Urvasi Enterprises, M/s. Tipsy Wines, M/s. Sara Enterprises, M/s. Sai Enterprises] does not absolve the criminal liability of the individuals who have received the amounts from Andhra Bank, Bhanur Branch.
A-3 (B.S.Neelakanta) has received the amounts from Andhra Bank, Bhanur Branch on different occasions that is the reason why he has compromised the civil suit filed by Andhra Bank vide O.S.No.75/1998 and mere compromise of civil suit will not absolve the criminal liability.
P.51 CC No.14 of 1998 Though Ex.P595, Ex.P599, Ex.P600, Ex.P601 to Ex.P605, Ex.P689 to Ex.P709, Ex.P716 to Ex.P719, Ex.P723, Ex.P729 to Ex.P732 are marked subject to objection, there is other oral and documentary evidence (Ex.P3 to Ex.P80) to prove the case of the prosecution and learned Public Prosecutor further contended that he leaves it to the discretion of the Court in respect of the documents which are marked subject to objection.
Insofar as non-arraigning of K.Ashok/PW-20 as an accused, learned Public Prosecutor contended that the above said witness had no transaction with M/s. Sai Enterprises.
Insofar as non-arraigning of S.Rajaiah, Ch.Venkat Reddy as accused in the case, learned Public Prosecutor contended that it is the prerogative of the prosecution against whom the case has to be filed, non- arraigning of any suspected accused will not absolve the criminal liability of the accused who are facing trial.
(ii) Learned Public Prosecutor to substantiate his contentions has relied on the following decisions :
(22) The State of Madhya Pradesh vs. Laxmi Narayan22. (23) State of Maharashtra Through CBI vs. Vikram Anantrai Doshi and others23. (24) Gopakumar B. Nair vs. C.B.I. & another24. (25) Sudir Engineering Company vs. Nitco Roadways Ltd25.
21. Ex.P540 is the statement given by A-1 / D.Narasimha Reddy to the
General Manager, Vigilance Department, Andhra Bank, Central Office, Hyderabad on 07.02.1995 in the presence of P.Gopala Krishna / PW-5. The tenor of the statement is that an amount of Rs.3.72 crores is outstanding which is paid by me/A-1 to various parties who are prepared to pay back the money, doing the same since 1991. Most of the amounts were paid by Debit Loan Account and credited to C.D. Accounts, and the amounts have been drawn and paid to the following parties :
22Indian Kanoon – http://indiankanoon.org/doc/149247382/ 23Indian Kanoon – http://indiankanoon.org/doc/192124141/ 24Indian Kanoon – http://indiankanoon.org/doc/128010666/ 25Indian Kanoon – http://indiankanoon.org/doc/1582190/
P.52 CC No.14 of 1998
Sl.Name of the Bank having NameAmount No.Account
1. Mr. Mahesh Raju, Tipsy Ameerpet BranchRs. 1.50 crores Buildings
2.Mr. Vijayjumar RajuLakdikapool, Ameerpet Rs.0.40 lakhs Branch, Bhanur
3.Mr. Raghunath ReddyAmeerpet, BhanurRs.0.30 lakhs
4.Mr. B.SivaneelakantaSomajiguda BranchRs.0.76 lakhs
5.Mr. M.Ramakrishna ReddyJubilee Hills Rs.0.50 lakhs
6.Sampath Kumar ReddyJubilee Hills Rs.0.20 lakhs
7.Mr. Anil KumarMLA ColonnyRs.0.07 lakhs
Those payments were made through BA-1s and Demand Drafts drawn on
Ameerpet, Vijayanagar Colony, Jubilee Hills and also through cash payments.
PW-5 has spoken about Ex.P540 and his evidence will be discussed in the common evidence.
22. (i) Ex.P1 is the complaint dt.09.02.1995 in Letter No.666/20/T-35/1212 lodged by A.V.Suryanarayana Rao/PW-1, Personnel Manager, Andhra Bank,
Central Office, Hyderabad to Superintendent of Police, CBI, Hyderabad contending that D.Narasimha Reddy/A-1 in his official capacity as a Branch
Manager, Andhra Bank, Bhanur Branch has raised two Deposit Loans in favour of
Madhusudan K. Jani/A-2 on 23.06.1993 for Rs.12.00 lakhs, on 28.12.1994 for Rs.8.00 lakhs in the Current Account No.240 which was apparently closed on 09.07.1993 and they are fraudulent transactions.
(ii) (a) Ex.P2 is another complaint dt.09.02.1995 in Letter No.666/20/
T-35/1213 lodged by A.V.Suryanarayana Rao/PW-1, Personnel Manager, Andhra
Bank, Central Office, Hyderabad to Superintendent of Police, CBI, Hyderabad contending that D.Narasimha Reddy/A-1 in his official capacity as a Branch
Manager, Andhra Bank, Bhanur Branch has issued four Demand Drafts for
Rs.34,16,993/- in favour of Madhusudan K. Jani/A-2 vide D.D.No.430475,
dt.17.10.1994 for Rs.7,14,493/-, D.D.No.430471, dt.17.10.1994 for Rs.9.00
P.53 CC No.14 of 1998 lakhs, D.D.No.430470, dt.17.10.1994 for Rs.9.00 lakhs and D.D.No.430469, dt.17.10.1994 for Rs.9.00 lakhs. Current Account No.240 of Madhusudan K.
Jani/A-2 was closed on 09.07.1993.
(b) D.Narasimha Reddy/A-1 has passed another cheque for Rs.25.00 lakhs on 28.12.1994 for closed Current Account No.240 for issuing three
Demand Drafts in the name of M/s. Amogh Business Links on Andhra Bank, Main
Branch, Hyderabad vide D.D.No.431335, dt.28.12.1994 for Rs.9.00 lakhs,
D.D.No.431336, dt.28.12.1994 for Rs.9.00 lakhs and D.D.No.431337, dt.28.12.1994 for Rs.7.00 lakhs.
(iii) PW-40 basing on Ex.P1 has registered Ex.P671-FIR on 09.02.1995 at 5.30 PM in RC.8(A)/95-CBI/HYD against D.Narasimha Reddy/A-1, Madhusudan K.
Jani/A-2, B.Sivaneelakant/A-3 for the offences under Section 120-B, 420, 471 and 477-A IPC and under Section 13(2) r/w Section 13(1)(d) of P.C. Act, 1988.
Basing on Ex.P2, PW-40 has registered Ex.P672-FIR on 09.02.1995 at 5.40 PM in
RC.9(A)/95-CBI/HYD against D.Narasimha Reddy/A-1, Madhusudan K. Jani/A-2
and M/s. Amogh Business Links for the offences under Section 120-B, 420, 471 and 477-A IPC and under Section 13(2) r/w Section 13(1)(d) of P.C. Act, 1988.
(iv) PW-1 has spoken about Ex.P1 and Ex.P2. During cross-examination he stated that he received information about the fraud from the Vigilance
Department in writing and he has not enclosed the same to Ex.P1 and Ex.P2.
PW-1 further stated in his cross-examination that a Manager cannot issue
Demand Drafts in the name of the parties on the oral instructions of the account holder, for issuing Drafts, written application is must and he do not remember whether he has handed over any documents to CBI subsequent to Ex.P1 and
Ex.P2. PW-1 further stated in his cross-examination that he has not seen the opening and closing of Current Account No.240 at the branch, Vigilance
Department has submitted a report in detail before giving the complaint and
P.54 CC No.14 of 1998 after due verification he came to the conclusion that Branch Manager has committed the fraud. PW-1 denied the suggestion that he came to an erroneous conclusion that a fraud is committed in the bank and the transaction amount is only a procedural irregularity.
23. (i) PW-2/V.Gopala Krishna while working as Inspector of Branches from
June, 1994 to June, 1995, he inspected Bhanur Branch in February, 1995 as per his higher authorities instructions. Himself, P.S.N.Prasad, T.Vinod
Babu/PW-3 inspected Andhra Bank, Bhanur Branch from 04.02.1995 for about two and half months. The previous Manager was D.Narasimha Reddy/A-1 and he was removed from the post and he was asked to look into the irregularities and he can identify the handwritings of A-1, he has observed irregularities in the
Clean Bills Purchase transactions and allowing Over Drafts in Savings Bank and
Current Accounts, allowing unauthorised Deposit Loans and passing on amounts to various beneficiaries, falsification of entries to cover up the irregularities.
(ii) M/s. Bharat Dynamics Ltd. are having their Bhanur unit account with the branch and Term Deposits, they maintained the Current Account with zero balance, everyday debit and credit transactions are entered in the ledger at the end of the day. Debit and credit balances are transferred to BDL Extension
Counter at Santoshnagar by way of BA-1 (credit transfers) / BA-4 (debit transfers) transactions. The registers maintained at Andhra Bank, Bhanur
Branch are as under : -
Cheque Book Issue Registers of Andhra Bank, Bhanur Branch :- Ex.P3 is for the period from 13.11.1989 to 15.03.1991. Ex.P4 is for the period from March, 1991 to 06.05.1992. Ex.P5 is for the period from 06.05.1992 to 01.08.1993.
Clean Bills Purchase Registers of Andhra Bank, Bhanur Branch :- Ex.P6 is for the period from 15.06.1988 to 18.12.1991. Ex.P7 is for the period from 07.04.1992 to 01.02.1995.
P.55 CC No.14 of 1998
Deposit Loan Registers of Andhra Bank, Bhanur Branch :- Ex.P8 is for the period from 16.05.1988 to 18.06.1993 (Missing pages – 187 to 190 and 199 to 202). Ex.P9 is for the period from 27.08.1993 to 30.01.1995.
Deposit Registers of Andhra Bank, Bhanur Branch :- Ex.P10 is for the period from 11.06.1992 to 08.09.1993. Ex.P11 is for the period from 08.09.1993 to 09.11.1994.
Kalpataru Deposit Registers of Andhra Bank, Bhanur Branch :- Ex.P12 is for the period from 26.05.1988 to 10.12.1992. Ex.P13 is for the period from 07.01.1992 to 10.07.1995.
Cash Scroll Registers of Andhra Bank, Bhanur Branch :- Ex.P14 is for the period from 01.07.1991 to 01.03.1992. Ex.P15 is for the period from 16.03.1992 to 24.11.1992. Ex.P16 is for the period from 25.11.1992 to 21.07.1993. Ex.P17 is for the period from 21.07.1993 to 07.02.1994. Ex.P18 is for the period from 08.02.1994 to 14.09.1994. Ex.P19 is for the period from 15.09.1994 to 28.02.1995.
BDL Current Account Registers maintained at Andhra Bank, Bhanur Branch :- Ex.P20 is for the period from 17.09.1991 to 16.01.1992. Ex.P21 is for the period from 17.01.1992 to 21.05.1992. Ex.P22 is for the period from 22.05.1992 to 26.09.1992. Ex.P23 is for the period from 28.09.1992 to 01.02.1993. Ex.P24 is for the period from 02.02.1993 to 05.06.1993. Ex.P25 is for the period from 07.06.1993 to 08.10.1993. Ex.P26 is for the period from 08.10.1993 to 11.02.1994. Ex.P27 is for the period from 10.06.1994 to 28.09.1994.
Day Book Registers of Andhra Bank, Bhanur Branch :- Ex.P28 is for the period from 18.01.1991 to 29.06.1991. Ex.P29 is for the period from 01.07.1991 to 25.11.1991. Ex.P30 is for the period from 26.11.1991 to 15.05.1992. Ex.P31 is for the period from 16.05.1992 to 29.12.1992. Ex.P32 is for the period from 30.12.1992 to 28.05.1993. Ex.P33 is for the period from 29.05.1993 to 26.10.1993. Ex.P34 is for the period from 27.10.1993 to 16.03.1994. Ex.P35 is for the period from 17.03.1994 to 11.08.1994. Ex.P36 is for the period from 12.08.1994 to 31.12.1994.
Transfer Scroll Registers of Andhra Bank, Bhanur Branch :- Ex.P37 is for the period from 26.03.1991 to 20.07.1991. Ex.P38 is for the period from 22.07.1991 to 16.11.1991.
P.56 CC No.14 of 1998 Ex.P39 is for the period from 18.11.1991 to 14.03.1992. Ex.P40 is for the period from 16.03.1992 to 27.07.1992. Ex.P41 is for the period from 28.07.1992 to 07.12.1992. Ex.P42 is for the period from 10.12.1992 to 16.04.1993. Ex.P43 is for the period from 17.04.1993 to 16.08.1993. Ex.P44 is for the period from 17.08.1993 to 27.12.1993. Ex.P45 is for the period from 28.12.1993 to 15.04.1994. Ex.P46 is for the period from 16.04.1994 to 30.07.1994. Ex.P47 is for the period from 01.08.1994 to 16.11.1994. Ex.P48 is for the period from 17.11.1994 to 14.02.1995.
Payment Scrolls Registers of Andhra Bank, Bhanur Branch :- Ex.P49 is for the period from 02.04.1991 to 27.06.1991. Ex.P50 is for the period from 28.06.1991 to 07.08.1991. Ex.P51 is for the period from 08.08.1991 to 18.09.1991. Ex.P52 is for the period from 19.09.1991 to 10.10.1991. Ex.P53 is for the period from 11.10.1991 to 14.11.1991. Ex.P54 is for the period from 07.12.1991 to 13.01.1992. Ex.P55 is for the period from 16.01.1992 to 28.02.1992. Ex.P56 is for the period from 29.02.1992 to 16.04.1992. Ex.P57 is for the period from 04.06.1992 to 27.07.1992. Ex.P58 is for the period from 28.07.1992 to 29.07.1992. Ex.P59 is for the period from 30.07.1992 to 05.09.1992. Ex.P60 is for the period from 07.09.1992 to 23.10.1992. Ex.P61 is for the period from 04.03.1993 to 13.04.1993. Ex.P62 is for the period from 15.04.1993 to 31.05.1993. Ex.P63 is for the period from 31.05.1993 to 07.07.1993. Ex.P64 is for the period from 08.07.1993 to 18.08.1993. Ex.P65 is for the period from 19.08.1993 to 28.09.1993. Ex.P66 is for the period from 29.09.1993 to 04.11.1993. Ex.P67 is for the period from 17.12.1993 to 25.01.1994. Ex.P68 is for the period from 27.01.1994 to 02.02.1994. Ex.P69 is for the period from 09.03.1994 to 06.04.1994. Ex.P70 is for the period from 30.06.1994 to 03.08.1994. Ex.P71 is for the period from 04.08.1994 to 16.09.1994. Ex.P72 is for the period from 17.09.1994 to 31.10.1994.
Sundry Debtors and Creditors Register of Andhra Bank, Bhanur Branch:- Ex.P73 is for the period from December, 1994 (page Nos.1 to 200).
Ledger Sheets of Account Holders maintained at Andhra Bank, Bhanur Branch:- Ex.P74 is the ledger sheet of A.Vijaykumar Raju/A-11 (died) bearing CD Account No.239 from 24.04.1992 to 31.10.1994. Ex.P75 is the ledger sheet of P.S.Shaw/A-23 (died) bearing S.B. Account No.840 from 03.05.1991 to 1995. Ex.P76 is the ledger sheet of M/s. Meridian Granites Pvt. Ltd. bearing CD Account No.191 from 26.09.1991 to 15.03.1994. Ex.P81 is the ledger sheet of K.Ravi Shankar bearing S.B. Account No.1227 from 18.07.1993 to March, 1995.
P.57 CC No.14 of 1998
Ledger Sheets of Account Holders maintained at Andhra Bank, Ameerpet Branch:- Ex.P77 is the ledger sheet of A.Vijaykumar Raju/A-11 (died) bearing S.B. Account No.5317 from 16.12.1991 to 12.09.1992. Ex.P78 is the ledger extract of B.Naganna/A-5 (died) bearing S.B. Account No.3478 from 22.03.1990 to September, 1994. Ex.P79 is the ledger extract of B.S.Neelakanta/A-3 bearing S.B. Account No.271 from March, 1992 to 27.10.1994.
Ledger Sheets of Account Holder maintained at Andhra Bank, Vijayanagar Colony Branch :- Ex.P80 is the certified copy of ledger extract of B.S.Neelakanta/A-3 bearing S.B. Account No.24740 from 18.08.1993 to 03.09.1994.
(iii) PW-2 further deposed in his chief examination that on 04.01.1992
D.Narasimha Reddy/A-1 has debited Deposit Loan by mentioning DL-1/92,
M/s. Bharat Dynamics Ltd. for Rs.13.00 lakhs under Ex.P82, out of the above said amount D.Narasimha Reddy/A-1 has transferred Rs.10.00 lakhs in favour of
M/s. Urvasi Enterprises having account with Andhra Bank, Somajiguda Branch by way of credit voucher under Ex.P83. Ex.P84 is the D.D. voucher for Rs.3.00 lakhs in favour of K.Ashok. Ex.P85 is the D.D. for the above said amount, dt.04.01.1992 bearing No.011008. Ex.P86 is the internal advice of transferring fund to Somajiguda Branch. Ex.P87 is the internal advice for Rs.5.00 lakhs, dt.28.01.1992 whereunder the above said amount was credited to B.Shiva
Neelakanta Account of M/s. Urvasi Enterprises from Andhra Bank, Somajiguda
Branch. Ex.P88 is the credit voucher, dt.30.01.1992 of Andhra Bank, Bhanur
Branch.
(iv) (a) PW-2 further stated in his chief examination that M/s. Bharat
Dynamics Ltd. has not availed the Deposit Loan on 04.01.1992 (Ex.P82) and the said loan transaction is not entered in Ex.P8-Deposit Loan Register.
D.Narasimha Reddy/A-1 has prepared Ex.P89-voucher, dt.13.01.1992 favouring
A.V.Jayakar for Rs.1,50,000/- mentioning Deposit Loan No.2 and cash was paid
P.58 CC No.14 of 1998 thereon and the Deposit Loan transaction dt.13.01.1992 is not entered in Ex.P8-
Deposit Loan Register. D.Narasimha Reddy/A-1 has prepared Ex.P90-Deposit
Loan credit voucher, dt.30.03.1992 for Rs.3,41,776.30, the said transaction is entered in Ex.P30-Day Book Register at page 95 and in Ex.P54-Payment Scroll
Register at page 191 by D.Narasimha Reddy/A-1. On 16.01.1992, Narasimha
Reddy/A-1 has prepared Ex.P91-Deposit Loan voucher favouring M/s. Bharat
Dynamics Ltd. for Rs.40.00 lakhs, against the above said amounts, D.D.
application was made by D.Narasimha Reddy/A-1 in favour of M/s. Tolani Bulk
Carriers Ltd. for Rs.39,98,500/- + Rs.1500/- towards commission under Ex.P92.
(b) On 01.02.1992, Deposit Loan head was debited with Rs.5,25,000/- under Ex.P93 showing the loan account of Bharat Dynamics Ltd. which was entered by Narasimha Reddy/A-1, against the said transaction, draft cancellation of D.D.No.532809, dt.16.01.1992 for Rs.38,500/- was issued in favour of
M/s. Tolani Bulk Carriers under Ex.P94 along with Demand Draft. Ex.P95 is the
Demand Draft application, 01.02.1992 favouring M/s. Parekh Marine Agencies
Pvt. Ltd. for Rs.2,88,914.45 plus exchange of Rs.722.55, Ex.P96 is the Demand
Draft application, dt.01.02.1992 favouring M/s. Parekh Marine Agencies Pvt. Ltd.
for Rs.83,764.27 plus exchange of Rs.210.03, Ex.P97 is the Demand Draft application, dt.01.02.1992 favouring M/s. Piamberlalji & Sons for Rs.83,764.27 plus exchange of Rs.210.03, Ex.P98 is the Demand Draft application, dt.01.02.1992 favouring M/s. Unimarine Agencies Pvt. Ltd. for Rs.40,249.97 plus exchange of Rs.102.53, Ex.P99 is the Demand Draft application, dt.01.02.1992 favouring M/s. Unimarine Agencies Pvt. Ltd. for Rs.23,741.55 plus exchange of
Rs.60.45. In Ex.P95 to Ex.P99 A-1 has mentioned M/s. BDL at applicant‟s signature place, the above said transactions were not entered in Ex.P21-BDL
Current Account Registers at page 15. On 08.02.1992, Demand Draft appliation form favouring M/s. Meena Corporation was issued for Rs.40,249.97 plus
P.59 CC No.14 of 1998 exchange of Rs.100.03 by mentioning the applicant‟s signature as BDL under
Ex.P100, the said item was not entered in Ex.P21-BDL Current Account Registers at page 20.
(c) PW-2 further stated in his chief examination that D.Narasimha
Reddy/A-1 has prepared Ex.P101-voucher, dt.10.02.1992 by debiting the Deposit
Loan by mentioning DL M/s. Bharat Dynamics Ltd. for Rs.7,50,000/-, on the same day the above said amount was transferred in favour of B.S.Neelakanta/
A-3 to Andhra Bank, Ameerpet Branch under Ex.P102-credit voucher. Ex.P103 is the internal advice credit to B.S.Neelakanta/A-3 for Rs.7,50,000/-, dt.10.02.1992.
Ex.P104 is the credit voucher prepared at Andhra Bank, Ameerpet Branch on the advice of Bhanur Branch in favour of B.S.Neelakanta/A-3 vide S.B. Account
No.271. Ex.P105 is the cheque bearing No.727290, dt.10.02.1992 of Andhra
Bank, Ameerpet Branch through which B.S.Neelakanta/A-3 has withdrawn cash of Rs.7,50,000/-. The above said voucher is not reflected in Ex.P21-BDL Current
Account Registers at page 21 and the Deposit Loan transaction was not entered in Ex.P8-Deposit Loan Register.
(d) On 12.02.1992, an amount of Rs.8.00 lakhs was deposited to Deposit
Loan head by mentioning DL M/s. BDL under Ex.P106, on the same day two
Demand Draft applications were made, one in favour of M/s. Suvnics India Exim
Ltd. for Rs.7,95,000/- plus Rs.1500/- towards exchange under Ex.P107 and another in favour of B.S.Neelakanta/A-3 for Rs.3,488/- plus exchange of Rs.12/- dt.12.02.1992 under Ex.P108. Ex.P107 and Ex.P108 are prepared by
D.Narasimha Reddy/A-1 by mentioning M/s. BDL as applicant. Ex.P109 is the Demand Draft bearing No.011293, dt.12.02.1992 for Rs.7,95,000/- issued by Andhra Bank, Bhanur Branch in favour of State Bank of India, Hyderabad
Branch in the account of M/s. Suvnics India Exim Ltd. drawn on Andhra Bank,
ABCD Cell, Hyderabad, the D.D. is signed by D.Narasimha Reddy/A-1. Ex.P110 is
P.60 CC No.14 of 1998 the Demand Draft bearing No.011294 issued by Andhra Bank, Bhanur Branch in favour of B.Siva Neelakanta/A-3 for Rs.3,488/-, dt.12.02.1992 drawn on Andhra
Bank, ABCD Cell and the said D.D. is encashed at Andhra Bank, Somajiguda
Branch. D.Narasimha Reddy/A-1 has signed the above said D.D. The Deposit
Loan was not entered in Ex.P8-Deposit Loan Register and the transaction is also not reflected in Ex.P21-BDL Current Account Register at page 23 drawn on ABCD
Cell, Hyderabad.
(e) On 24.02.1992, an amount of Rs.10.00 lakhs was deposited to Deposit
Loan head by mentioning DL M/s. BDL under Ex.P111, on the same day Demand
Draft application was made in favour of M/s. Suvnics India Exim Ltd. for
Rs.9,25,000/- plus Rs.1500/- towards exchange under Ex.P112, another Demand
Draft application was made in favour of B.S.Neelakanta/A-3 for Rs.48,380/- plus exchange of Rs.120/- dt.24.02.1992 under Ex.P113. Under Ex.P114 an amount of Rs.25,000/- is credited to M/s. Meridian Granites vide CD No.191. Ex.P112 to Ex.P114 are prepared by D.Narasimha Reddy/A-1. Ex.P115 is the
Demand Draft bearing No.011417, dt.24.02.1992 for Rs.9,25,000/- issued by
Andhra Bank, Bhanur Branch in favour of State Bank of India, Hyderabad Branch in the account of M/s. Suvnics India Exim Ltd. drawn on Andhra Bank, ABCD Cell,
Hyderabad, the D.D. is signed by D.Narasimha Reddy/A-1. Ex.P116 is the
Demand Draft bearing No.011416 issued by Andhra Bank, Bhanur Branch in favour of B.Siva Neelakanta/A-3 for Rs.48,380/-, dt.24.02.1992 drawn on Andhra
Bank, ABCD Cell, Hyderabad, the said D.D. was presented by Andhra Bank,
Ameerpet Branch, Hyderabad for credit to the customer‟s account and the said
D.D. is signed by D.Narasimha Reddy/A-1. Ex.P117 is the Savings Bank credit challan, dt.25.02.1992 favouring the Savings Bank Account No.271 of
B.S.Neelakanta/A-3 for Rs.48,380/-. Ex.P118 is the Savings Bank self cheque
No.868153, dt.25.02.1992 drawn by B.S.Neelakanta/A-3. The said deposit
P.61 CC No.14 of 1998 voucher is not entered in Ex.P8-Deposit Loan Register and also in Ex.P21-BDL
Current Account Register at page 33.
(f) On 25.02.1992, D.Narasimha Reddy/A-1 has written Ex.P119-cheque for Rs.1,50,000/- in favour of A.Vijaykumar Raju/A-11 (died) vide Account
No.698. On 16.03.1993, A-1 has prepared the voucher by debiting the Deposit
Loan head as DL M/s. BDL for Rs.5,76,000/- under Ex.P120. On the same day
D.Narasimha Reddy/A-1 has prepared credit voucher mentioning Savings Bank
Account No.684 of A.Vijaykumar Raju/A-11 (died) as beneficiary for the above said amount under Ex.P121. The said transaction is not reflected in Ex.P21-BDL
Current Account Register at page 50 and the Deposit Loan is also not entered in
Ex.P8-Deposit Loan Register. On 16.03.1993, D.Narasimha Reddy/A-1 has prepared credit voucher for Rs.4,26,000/- in favour of Shaw/A-23 (died) vide
S.B. Account No.840 under Ex.P122 and the credit voucher was not posted in
Ex.P75-ledger sheet of P.S.Shaw/A-23.
(g) On 26.02.1992, D.Narasimha Reddy/A-1 has prepared Ex.P123-debit voucher for Rs.4,26,000/- in favour of P.S.Shaw/A-23 (died) vide S.B. Account
No.840, on the same day a Demand Draft application was made under Ex.P124 favouring State Bank of India Account of M/s. Sunvics India Exim Ltd. for
Rs.3,75,000/- plus exchange Rs.1,000/-. Ex.P125 is the Demand Draft bearing
No.011427 favouring M/s. Suvnics India Exim Ltd. issued by Andhra Bank,
Bhanur Branch on Andhra Bank, ABCD Cell, Hyderabad and it was presented for clearing by State Bank of India, Hyderabad, the above said D.D. is signed by
D.Narasimha Reddy/A-1. Ex.P123-debit voucher is not reflected in Ex.P75-ledger sheet of P.S.Shaw/A-23.
(h) On 03.03.1992, D.Narasimha Reddy/A-1 has prepared Deposit Loan voucher for Rs.2,50,000/- by mentioning DL A.V.K.Raju/A-11 (died) under
Ex.P126. On the same day D.Narasimha Reddy/A-1 has prepared D.D.
P.62 CC No.14 of 1998 application under Ex.P127 in favour of B.S.Neelakanta/A-3 for the above said amount. Ex.P128 is the Demand Draft bearing No.011460, dt.03.03.1992 for
Rs.2,50,000/- in favour of B.S.Neelakanta/A-3‟s account with Andhra Bank,
Ameerpet Branch through pay-in-slip, dt.03.03.1992 i.e. Ex.P129. Ex.P130 is the self cheque of B.S.Neelakanta/A-3 bearing No.492874, dt.03.03.1992 for
Rs.2,50,000/-vide Account No.271, through which cash was withdrawn. The said
Deposit Loan voucher is not entered in Ex.P8-Deposit Loan Register.
(i) On 18.03.1992, a debit voucher was made to debit C.D. Account
No.191 of M/s. Meridian Granites for Rs.1,00,250/- under Ex.P131, on the same day A-1 made Demand Draft application favouring B.S.Neelakanta/A-3 for
Rs.1,00,000/- plus exchange of Rs.250/- under Ex.P132. Ex.P133 is the Demand
Draft bearing No.011615, dt.18.03.1992 for Rs.1,00,000/- favouring
B.S.Neelakanta/ A-3 issued by Andhra Bank, Bhanur Branch on Andhra Bank,
ABCD Cell, Hyderabad. On 27.03.1992, the above said amount was credited to
C.D. 191 of M/s. Meridian Granites account vide Ex.P134-credit voucher.
Ex.P135 is the internal advice from Andhra Bank, Chikkadapally Branch to Andhra
Bank, Bhanur Branch. The above said transaction is not reflected in Ex.P76- ledger account of M/s. Meridian Granites‟ account.
(j) On 21.03.1992, D.Narasimha Reddy/A-1 has prepared voucher in the
Deposit Loan head by debiting an amount of Rs.6,25,000/- favouring DL
M/s. BDL under Ex.P136 and cash was paid. Ex.P137 is the Demand Draft application form favouring A.Vijaykumar Raju/A-11 (died) for Rs.3,50,000/- plus exchange Rs.875/- which is prepared by D.Narasimha Reddy/A-1, on the back side of the above said exhibit cash adjustments were noted by mentioning
Rs.3,50,875/- and Rs.2,60,000/-, balance as Rs.14,125/-. Ex.P138 is the
Demand Draft, dt.21.03.1992 favouring A.Vijaykumar Raju/A-11 (died) for
Rs.3,50,000/- and it was credited to the beneficiary account at Andhra Bank,
P.63 CC No.14 of 1998
Ameerpet Branch. Ex.P138(A) is the credit pay-in-slip of S.B. 5713 for
Rs.3,50,000/- favouring A.Vijaykumar Raju/A-11 at Andhra Bank, Ameerpet
Branch. The Deposit Loan transaction is not noted in Ex.P8-Deposit Loan
Registers and in Ex.P21-BDL Current Account Register at page 55. Ex.P139 is the cheque bearing No.205820 of Andhra Bank, Bhanur Branch issued by
M/s. Meridian Granites Pvt. Ltd. in favour of M/s. Urvasi Enterprises for
Rs.2,00,000/-, the said cheque was discounted at Andhra Bank, Somajiguda
Branch by the beneficiary, Ex.P140 is the covering schedule for Ex.P139.
Ex.P141 is the internal advice for realisation of Ex.P139. Ex.P142 is the amount transfer advice from Ameerpet Branch to Bhanur Branch, dt.28.03.1992.
Ex.P143 is the credit voucher, dt.28.03.1992 for Rs.2,00,000/- in C.D. Account
No.191 of M/s. Meridian Granites. Ex.P139 and Ex.P143 are not entered in
Ex.P76-ledger sheet of M/s. Meridian Granites Pvt. Ltd.
(k) On 06.04.1992, D.Narasimha Reddy/A-1 has prepared debit voucher for Rs.5.00 lakhs favouring M/s. Meridian Granites vide C.D. Account No.191 under Ex.P144. Ex.P145 is the Head Office advice, dt.06.04.1992 for Rs.5.00 lakhs to Andhra Bank, Somajiguda Branch with instructions to credit the amount to M/s. Urvasi Enterprises. Ex.P146 is the internal advice for the above said amount, dt.06.04.1992 signed by D.Narasimha Reddy/A-1. Ex.P144 is not recorded in Ex.P76-ledger sheet of M/s. Meridian Granites Pvt. Ltd.
(v) (a) PW-2 further stated in his chief examination that Ex.P147 to
Ex.P149 are the cash remittance vouchers from Andhra Bank, Ameerpet Branch to Andhra Bank, Bhanur Branch. D.Narasimha Reddy/A-1 has prepared debit voucher, dt.13.04.1992 favouring M/s. Meridian Granites‟ C.D. Account No.191 for Rs.7.00 lakhs under Ex.P150. Ex.P150 is not recorded in Ex.P76-ledger sheet of M/s. Meridian Granites Pvt. Ltd.
P.64 CC No.14 of 1998
(b) On 13.04.1992, A-1 has prepared a debit voucher for Rs.5.00 lakhs debiting S.B. Account No.840 favouring P.S.Shaw/A-23 (died) by mentioning adjustment entries as Rs.4,51,025/- plus Rs.30,075/- plus Rs.18,800/- under
Ex.P151. Ex.P152 is the D.D. application, dt.13.04.1992 in favour of M/s. White
Star Industries for Rs.30,000/- plus exchange of Rs.75/-. Ex.P153 is the D.D.
application, dt.13.04.1992 favouring Senior Accounts Officer, APSEB, Nizamabad for Rs.4,50,000/- plus Rs.1,125/- towards exchange. Ex.P154 is the Demand
Draft in favour of M/s. Star Industries, Hyderabad fo Rs.30,000/-, dt.13.04.1992.
Ex.P151 is not reflected in Ex.P75-ledger sheet of P.S.Shaw/A-23 (died).
Ex.P155 is the cheque bearing No.914541, dt.20.05.1992 for Rs.5.00 lakhs issued by M/s. Meridian Granites Pvt. Ltd. in favour of B.S.Neelakanta/A-3, the same was discounted at Andhra Bank, Ameerpet Branch on the date of issue itself. Ex.P156 is the credit pay-in-slip of Andhra Bank, Ameerpet Branch for the above said amount favouring B.S.Neelakanta/A-3. Ex.P157 is the covering schedule dt.20.05.1992 for the above said amount. Ex.P158 is the credit advice sent by Andhra Bank, Bhanur Branch to Andhra Bank, Ameerpet Branch for realisation of CBP 275. Ex.P155 is not recorded in Ex.P76-ledger sheet of
M/s. Meridian Granites Pvt. Ltd.
(c) Ex.P159 is the debit voucher, dt. 17.06.1992 favouring BDL on- account, amount credited to RBI for Rs.4,67,53,846.18. Ex.P160 is the credit voucher, dt.17.06.1992 for the above said amount on account of Sanjay
Creditors for BDL account. Ex.P161 is the debit voucher, dt.20.06.1992 for the above said amount debiting Bhanur Branch on account of TT sent to Bombay.
Ex.P162 is the credit voucher for the above said amount. Ex.P163 is the internal advice for the above said amount. Ex.P164 is the debit voucher for the above said amount, dt.29.06.1992 which is prepared by D.Narasimha Reddy/A-1. On 29.06.1992, D.Narasimha Reddy/A-1 has prepared credit voucher for
P.65 CC No.14 of 1998
Rs.3,60,29,965.75 favouring BDL with narration that amount kept for margin adjustment under Ex.P165. Ex.P166 is the credit voucher credit Deposit Loans favouring DL BDL for Rs.1,07,23,880.47 which is prepared by D.Narasimha
Reddy/A-1. Ex.P165 is not recorded in Ex.P22-BDL Current Account Register at page 30 and Ex.P166 is not entered in Ex.P8-Deposit Loan Register.
(d) PW-2 further stated in his chief examination that D.Narasimha
Reddy/A-1 has signed Ex.P167-debit voucher, dt.03.07.1992 for Rs.6,30,000/- debiting C.D. Account No.127. Ex.P168 is the voucher of Andhra Bank,
Ameerpet Branch, dt.02.07.1992 showing the cash supplied to D.Narasimha
Reddy/A-1 for Rs.6,30,000/-, on the reverse of it adjustment entries are made for Rs.6,30,000/- minus Rs.1,50,000/-. Ex.P169 is the Demand Draft application form, dt.02.07.1992 for Rs.1,50,000/- plus exchange of Rs.375/- favouring
K.Chandran and Kishore Kumar Menon. Ex.P170 is the ledger opening form and ledger sheet of M/s. Karthi Constructions bearing Account No.127. Ex.P167 is not recorded in Ex.P170.
(e) D.Narasimha Reddy/A-1 has signed Ex.P171-debit voucher, dt.03.07.1992 for Rs.10.00 lakhs debiting C.D. Account No.191. Ex.P172 is the remittance voucher, dt.03.07.1992 for Rs.19,90,000/- supplied to Andhra Bank,
Bhanur Branch through D.Narasimha Reddy/A-1 and Lingaiah. Ex.P173 is the
Pay Order, dt.03.07.1992 for Rs.2.00 lakhs plus Rs.25/- towards exchange favouring M/s. Paigah Transport Corporation which is signed by M.Aravind
Reddy/A-4 (discharged) and Ex.P187 is the Pay Order. Ex.P174 is the Pay
Order application form, dt.03.07.1992 for Rs.45,270/- plus Rs.25/- towards exchange in favour of M/s. Techni Aids and Ex.P186 is the Pay Order. Ex.P175 is the Pay Order application form, dt.03.07.1992 for Rs.20,000/- plus Rs.25/- towards exchange in favour of M/s. Atlantic Engineering Company and Ex.P185 is the Pay Order. Ex.P176 is the Pay Order application form, dt.03.07.1992 for
P.66 CC No.14 of 1998
Rs.20,000/- plus Rs.25/- towards exchange in favour of M/s. LPE Systems and
Ex.P184 is the Pay Order. Ex.P177 is the Pay Order application form, dt.03.07.1992 for Rs.10,000/- plus Rs.25/- towards exchange in favour of
M/s. Shanti Trading Corporation and Ex.P183 is the Pay Order.
(f) Ex.P178 is the Demand Draft application, dt.03.07.1992 for
Rs.50,000/- plus Rs.125/- towards exchange in favour of M/s. Vasundhara
Marketings. Ex.P179 is the Demand Draft application, dt.03.07.1992 for
Rs.15,000/- plus Rs.38/- towards exchange in favour of M/s. Ramdas
Engineering Works. Ex.P180 is the Demand Draft application, dt.03.07.1992 for
Rs.40,000/- plus Rs.100/- towards exchange in favour of M/s. Balaji Enterprises.
Ex.P181 is the Demand Draft application, dt.03.07.1992 for Rs.33,860/- plus
Rs.85/- towards exchange in favour of M/s. Rishab Metals & Chemicals Pvt. Ltd.,
Bombay. Ex.P182 is the Demand Draft application, dt.03.07.1992 for
Rs.2,63,780/- plus Rs.660/- towards exchange in favour of M/s. Dinesh Mills Ltd.
Ex.P173 to Ex.P182 are prepared by D.Narasimha Reddy/A-1. Ex.P173 to Ex.P177, Ex.P179 to Ex.P181 are signed by M.Aravind Reddy/A-4 (discharged).
(g) On 10.07.1992, D.Narasimha Reddy/A-1 has prepared and signed
Ex.P188-debit voucher for Rs.4,50,000/- favouring M/s. Meridian Granites Pvt.
Ltd. vide C.D. Account No.191. Ex.P188 is not recorded in Ex.P76-ledger sheet of M/s. Meridian Granites Pvt. Ltd. On 17.07.1992, D.Narasimha Reddy/A-1 has prepared and signed Ex.P189-debit voucher for Rs.3,00,750/- favouring M/s. ARK
Builders vide C.D. Account No.129. Ex.P190-Current Account opening form and ledger sheet of M/s. ARK Builders bearing Account No.129. Ex.P189 is not entered in Ex.P190.
(h) D.Narasimha Reddy/A-1 has prepared Ex.P191-D.D. application form, dt.17.07.1992 for Rs.3.00 lakhs plus Rs.750/- towards exchange in favour of
P.67 CC No.14 of 1998
M/s. My Home Constructions. Ex.P192 is the Demand Draft, dt.17.07.1992 for
Rs.3.00 lakhs in favour of the above said company and it was credited to the beneficiary‟s account at Andhra Bank, Ameerpet Branch. Ex.P193 is the pay-in- slip, dt.25.09.1992 for Rs.75,000/- in favour of M/s. ARK Builders and it was prepared by D.Narasimha Reddy/A-1. Ex.P194 is the Current Account pay-in- slip, dt.22.07.1992 for Rs.1,50,000/- favouring M/s. ARK Builders. Ex.P193 and
Ex.P194 are not entered in Ex.P190-Current Account opening form and ledger extract of M/s. ARK Builders.
(i) Ex.P195 is the internal credit transfer voucher for Rs.10.00 lakhs, dt.27.07.1992 to be credited to M/s. Urvasi Enterprises. D.Narasimha Reddy/
A-1 has mentioned in Ex.P40-Transfer Scroll Register at page 148 at item No.15 by debiting to C.D. Rs.10.00 lakhs and in Ex.P31-Day Book Register at page 88 debit of Rs.10.00 lakhs was recorded against M/s. ARK Builders account No.129, debit of Rs.10.00 lakhs was not recorded in Ex.P190.
(j) PW-2 further stated in his chief examination that Ex.P196 is the specimen signature card of K.Ravi Shankar vide S.B. Account No.1227.
D.Narasimha Reddy/A-1 has prepared debit transfer voucher, dt.29.07.1992 for
Rs.3.00 lakhs for issuing Fixed Deposits under Ex.P197, the same is not reflected in Ex.P81-ledger sheet of K.Ravi Shankar. Ex.P198 is the credit voucher, dt.29.07.1992 for Rs.1.00 lakh each for three FDRs favouring Chief
Administrative Officer, South Central Railway, Secunderabad and Fixed Deposit
Receipts are Ex.P199 to Ex.P201. D.Narasimha Reddy/A-1 has prepared Ex.P202 and Ex.P205-debit vouchers, dt.31.07.1992 and dt.27.08.1992, cancelling
Ex.P201 and Ex.P199 & Ex.P200 for Rs.1.00 lakh each. Ex.P203 and Ex.P204 are Demand Draft vouchers favouring R.Hemanth Raju, V.Srinivasulu, dt.31.07.1992 for Rs.50,000/- each plus Rs.125/- each towards exchange.
Ex.P206 to Ex.P208-credit voucher and internal advice showing the transfer of
P.68 CC No.14 of 1998
Rs.2.00 lakhs to the account of A.V.K.Raju/A-11 (died) vide S.B. Account
No.5713.
(k) Ex.P209 is the internal advice, dt.24.09.1992 transferring
Rs.1,75,000/- to the credit of M/s. Karthi Constructions. Ex.P210 is the internal advice, dt.24.09.1992 transferring Rs.1,15,000/- (BC 292 for Rs.80,000/- and BC 293 for Rs.35,000/-). Ex.P211 is the credit voucher, dt.25.09.1992 for
Rs.2,90,000/- in the name of Sadasiv Bhatt/A-8 bearing Account No.1157 and later it was cancelled and account number noted is 1227. Ex.P212 is the credit voucher, dt.28.10.1992 for Rs.10,000/- of Ravi Shankar and it was recorded in
Ex.P81-ledger sheet.
(vi) (a) D.Narasimha Reddy/A-1 has prepared Ex.P213-debit voucher, dt.05.08.1992 for Rs.3.00 lakhs by debiting the account of M/s. Meridian Granites
Pvt. Ltd. vide C.D. No.191. Ex.P214 is the cash remittance voucher showing the payment of Rs.3.00 lakhs to D.Narasimha Reddy/A-1. Ex.P215 is the debit voucher, dt.10.08.1992 for Rs.10.00 lakhs debiting CD M/s. BDL. Ex.P216 is the credit advice, dt.10.08.1992 for crediting Rs.10.00 lakhs to Siva Neelakanta/A-3 at Somajiguda Branch. Ex.P217 is the internal advice, dt.10.08.1992 transferring
Rs.10.00 lakhs to the account of B.S.Neelakanta/A-3 at Andhra Bank,
Somajiguda Branch. Ex.P215 is not recorded in Ex.P22-BDL Current Account
Register at page 61.
(b) D.Narasimha Reddy/A-1 has prepared Ex.P218-debit voucher, dt.27.08.1992 for Rs.3,50,000/- by debiting the account of M/s. Meridian
Granites Pvt. Ltd. vide CD Account No.191. Ex.P219 is the credit voucher, dt.27.08.1992 transferring Rs.3.00 lakhs to the Savings Bank Account of
B.S.Neelakanta/A-3 at Andhra Bank, Ameerpet Branch. Ex.P220 is the internal advice, dt.27.08.1992 transferring Rs.3.00 lakhs from Andhra Bank, Bhanur
Branch to Andhra Bank, Ameerpet Branch to the credit of B.S.Neelakanta/A-3.
P.69 CC No.14 of 1998
Ex.P221 is the credit voucher, dt.27.08.1992 of Andhra Bank, Ameerpet Branch crediting the above said amount to the account of B.S.Neelakanta/A-3 vide S.B.
Account No.271. Ex.P222 is the self cheque of B.S.Neelakanta/A-3, dt.27.08.1992 bearing No.868167 for Rs.3.00 lakhs in Account No.271. Ex.P218- debit voucher is not recorded in Ex.P76-ledger sheet M/s. Meridian Granites Pvt.
Ltd.
(c) D.Narasimha Reddy/A-1 has prepared Ex.P223-debit voucher, dt.02.09.1992 for Rs.15,03,750/- favouring M/s. Bharat Dynamics Ltd. Ex.P224 to Ex.P226 are the Demand Draft applications, dt.02.09.1992 favouring the
Superintendent of Excise for Rs.5.00 lakhs each and the exchange shown is
Rs.1,250/- each, the applications were prepared by D.Narasimha Reddy/A-1 by noting the names of Ramakrishna Reddy, Raghuram Reddy, Ravi Kumar Reddy at the applicant‟s signature. Ex.P223-debit voucher is not reflected in Ex.P22-
BDL Current Account Register at page 78.
(d) On 11.09.1992, D.Narasimha Reddy/A-1 has authorised debit voucher, dt.11.09.1992 debiting CD 1 for Rs.10.00 lakhs under Ex.P227. Ex.P228 is the debit voucher towards supply of cash of Rs.10.00 lakhs through D.Narasimha
Reddy/A-1 on 09.09.1992. Ex.P229 is the Demand Draft application form for
Rs.3.00 lakhs, dt.09.09.1992, Andhra Bank, Ameerpet Branch in favour of
M/s. Vamsi Krishna Traders and its Pay Order is under Ex.P230. Ex.P231 is the
Pay Order voucher of Andhra Bank, Ameerpet Branch, 09.09.1992 for
Rs.2,50,000/- favouring M/s. Srinivasa Financiers and its Pay Order is Ex.P232.
Ex.P233 is the Demand Draft voucher, dt.09.09.1992 in favour of M/s. Agarwal
Enterprises for Rs.50,000/-. Ex.P234 is the Current Account ledger of
Sri Srinivasa Financiers at Ameerpet Branch bearing Current Account No.621.
Ex.P229, Ex.P231 and Ex.P233 are prepared by D.Narasimha Reddy/A-1.
Ex.P227 is not recorded in Ex.P22-BDL Current Account Register at page 85.
P.70 CC No.14 of 1998
(e) An amount of Rs.300/- is debited to ASB 184 favouring D.Narasimha
Reddy/A-1 vide debit voucher, dt.18.09.1992 under Ex.P235. Ex.P236 is the credit voucher, dt.18.09.1992 for Rs.300/- crediting in CD 240 favouring
M/s. Jani Clency & Richards. Ex.P237 is the outward remittance voucher, dt.19.09.1992 for Rs.12,65,000/- from Andhra Bank, Ameerpet Branch favouring
Andhra Bank, Bhanur Branch through A-1. Ex.P238 is the Pay Order application, dt.19.09.1992 in favour of Sri Srinivasa Financiers for Rs.2,75,000/- and its Pay
Order is Ex.P239 vide No.503660. Ex.P240 is internal advice, dt.21.09.1992 of
Andhra Bank, Bhanur Branch for Rs.12,65,000/-. The above said transaction is not recorded in Ex.P22-BDL Current Account Register at page No.93.
(f) PW-2 further stated in his chief examination that Ex.P241 is the internal advice, dt.24.09.1992 for Rs.64,28,708/- of Andhra Bank, Opera House
Branch to Andhra Bank, Bhanur Branch. Ex.P242 is the credit voucher, dt.25.09.1992 of Andhra Bank, Bhanur Branch favouring M/s. Jani Clency &
Richards for Rs.64,28,708/-.
(g) On 25.09.1992, D.Narasimha Reddy/A-1 has prepared Ex.P243-debit voucher, dt.25.09.1992 for Rs.1,81,122/- favouring M/s. Jani Clency & Richards for transfer to S.B. Account No.1157. Ex.P244 is the credit voucher, dt.25.09.1992 in favour of Suresh R. Bhatt vide S.B. Account No.1157 for the above said amount on account of transfer from M/s. Jani Clency & Richards.
Ex.P245 is the S.B. Account opening form/specimen signature card, dt.22.06.1992 of Suresh R. Bhatt and the number allotted by the bank is S.B.
Account No.1157. Ex.P246 is the ledger extract of Suresh R. Bhatt. Ex.P247 is the self cheque of Suresh R. Bhatt for Rs.1,31,122/-, dt.25.09.1992 bearing
No.0549627. Ex.P248 is the self cheque of Suresh R. Bhatt for Rs.50,000/-, dt.17.09.1992 bearing No.0549628.
P.71 CC No.14 of 1998
S.B. Account of Sadasiv Bhatt/A-8 at Andhra Bank, Ameerepet Branch bearing Account No.1498:- (vii) (a) Ex.P252 is the Savings Bank Account application/ specimen signature card of Sadasiv S. Bhatt of Andhra Bank, Ameerpet Branch. The bank has allotted S.B. Account No.1498. Ex.P253 and Ex.P282 are the ledger extracts of Sadasiv Bhatt/A-8 bearing S.B. Account No.1498 of Andhra Bank, Ameerpet
Branch.
(b) On 01.10.1992, D.Narasimha Reddy/A-1 has prepared debit voucher by debiting CD 1 M/s. BDL for Rs.5.00 lakhs under Ex.P249. Ex.P250 is the
Demand Draft application, dt.01.10.1992 favouring Sadasiv Bhatt/A-8 for Rs.5.00 lakhs and in the applicant‟s signature column it is mentioned as CD Account
No.240. Ex.P251 is the Demand Draft, dt.01.10.1992 for Rs.5.00 lakhs favouring
Sadasiv Bhatt/A-8 drawn on Andhra Bank, ABCD Cell, Hyderabad. Ex.P254 is the
S.B. credit challan, dt.03.10.1992 favouring Sadasiv Bhatt/A-8 for Rs.5.00 lakhs.
Ex.P255 to Ex.P262 are the cheques issued by Sadasiv Bhatt/A-8 on his account bearing No.1498 at Ameerpet Branch to different persons for different amounts.
Ex.P263 is the debit voucher, dt. Nil, debiting Rs.2,50,000/- in S.B. Account
No.1498 on 15.10.1992 to be transferred to S.B. 7117. Ex.P264 is the debit voucher, dt.20.10.1992 for Rs.15,000/- for issuing KTD in favour of Vasanth
Bhatt. Ex.P249-debit voucher is not recorded in Ex.P23-BDL Current Account
Register at page No.4.
(c) PW-2 further stated in his chief examination that Ex.P265 to Ex.P267 are the cash remittance vouchers of Andhra Bank, Ameerpet Branch to Andhra
Bank, Bhanur Branch. Ex.P268 is the credit voucher and Ex.P269 and Ex.P270 are internal advice from Andhra Bank, Bhanur Branch to Andhra Bank, Ameerpet
Branch.
P.72 CC No.14 of 1998 (viii) (a) D.Narasimha Reddy/A-1 has prepared debit voucher dt.12.10.1992 for Rs.15.00 lakhs favouring CD 240 of M/s. Jani Clency &
Rechards under Ex.P271. D.Narasimha Reddy/A-1 has also prepared credit voucher for Rs.15.00 lakhs, dt.12.10.1992 to Andhra Bank, Ameerpet Branch for transfer of funds to B.S.Neelakanta/A-3 under Ex.P272. Ex.P273 is the internal advice, dt.12.11.1992 for the above said amount for transfer of fund to the account of B.S.Neelakanta/A-3. Ex.P274 is the credit voucher, dt.13.10.1992 crediting Rs.15.00 lakhs in the account of B.S.Neelakanta/A-3 vide S.B. Account
No.271. Ex.P275 is the self cheque of B.S.Neelakanta/A-3 for Rs.2.00 lakhs, dt.13.10.1992 whereunder cash is drawn from Savings Bank Account No.271.
Ex.P276 and Ex.P277 are the self cheques of B.S.Neelakanta/A-3 for Rs.5.00 lakhs and Rs.2,70,025/- dt.15.10.1992 and cash is drawn from SB 271. Ex.P278 is the self cheque of B.S.Neelakanta/A-3 for Rs.5,30,000/-, dt.16.10.1992 and cash was drawn from SB 271.
(b) Ex.P279 is the debit voucher, dt.24.10.1992 for Rs.1,25,000/- debiting
CD 240 favouring M/s. Jani Clency & Richards towards transfer to S.Bhatt/A-8 of
Andhra Bank, Ameerpet Branch. Ex.P280 is the credit voucher for the above said amount from Andhra Bank, Bhanur Branch to Andhra Bank, Ameerpet Branch for credit in the S.B. Account of S.Bhatt/A-8. Ex.P281 is the internal advice for the above said amount, dt.24.10.1992. Ex.P283 is the credit voucher, dt.26.10.1992 of Andhra Bank, Ameerpet Branch crediting Rs.1,25,000/- to the account of
Sadasiv Bhatt/A-8 on account of transfer from Andhra Bank, Bhanur Branch.
Ex.P284 to Ex.P289 are the cheques issued by S.Bhatt/A-8 on his Savings Bank
Account No.1498 at Andhra Bank, Ameerpet Branch to different persons for different amounts.
(c) D.Narasimha Reddy/A-1 has prepared debit voucher, dt.29.10.1992 for
Rs.10.00 lakhs debiting CD 1 of M/s. BDL under Ex.P290. Ex.P291 is the credit
P.73 CC No.14 of 1998 voucher, dt.29.10.1992 for the above said amount towards amount transfer to the account of B.S.Neelakanta/A-3. Ex.P292 is the internal advice, dt.29.10.1992 from Andhra Bank, Bhanur Branch, to Andhra Bank, Ameerpet Branch transferring the above said amount to the credit of B.S.Neelakanta/A-3. Ex.P293 is the credit voucher, dt.29.10.1992 of Andhra Bank, Ameerpet Branch for
Rs.10.00 lakhs in favour of the account of B.S.Neelakanta/A-3 vide SB Account
No.271. Ex.P294 is the self cheque of B.S.Neelakanta/A-3, dt.29.10.1992 for
Rs.10.00 lakhs and he has drawn the cash from SB Account No.271. Ex.P290 is not recorded in Ex.P23-BDL Current Account Register at page No.23.
(d) D.Narasimha Reddy/A-1 has prepared and authorised debit voucher, dt.21.01.1993 for Rs.1.5 crores debiting DL-1/BDL/93 under Ex.P295 and its credit voucher is Ex.P296. Ex.P297 is the debit voucher, dt.22.01.1993, amount has been debited towards TT favouring RBI for Rs.4,67,53,846.18. Ex.P298 is the Internal HO BA-6 wherein it is stated that transaction of 20/6 of
Santoshnagar for the above said amount was responded on 22.01.1993.
Ex.P299 is the summary of Head Office account. Ex.P295-debit voucher is not entered in Ex.P8-Deposit Loan Register.
(ix) (a) PW-2 further deposed that Ex.P300 is the Deposit Loan debit voucher, 13.03.1993 in favour of Mrs. Indumati Jani and Madhusudan Jani/A-2 (died) for Rs.24.00 lakhs. Ex.P301 is the Deposit Loan credit voucher in favour of I.M.Jani and M.K.Jani for Rs.20,40,250/-. Ex.P302 is the Demand Draft application, dt.13.03.1993 in favour of B.S.Neelakanta/A-3 for Rs.1,75,000/-.
Ex.P303 is the Demand Draft bearing No.969067, dt.13.03.1993 in favour of
B.S.Neelakanta/A-3 for the above said amount. Ex.P304 and Ex.P305 are
Demand Draft applications in favour of Madhusudan Jani/A-2 and the Deputy
Chief Controller of Imports and Exports. Ex.P306 is the Demand Draft, dt.13.03.1993 bearing No.969068 for Rs.500/- in favour of the Controller of
P.74 CC No.14 of 1998
Imports and Exports, Hyderabad. Ex.P307 is the voucher, dt.13.03.1993 of
Andhra Bank, Ameerpet Branch crediting Rs.1,75,000/- in S.B. Account No.271 of
B.S.Neelakanta/A-3. Ex.P308 is the withdrawal form through which
B.S.Neelakanta/A-3 has withdrawn Rs.1,75,000/- from his S.B. Account No.271.
In Ex.P8-Deposit Loan Register page Nos.211 and 212 are missing to show the transactions of Ex.P300 (Deposit Loan voucher).
(b) Ex.P309 is the debit voucher, dt.17.03.1993 debiting DL-10/92-93 favouring Madhusudan Jani/A-2 for Rs.5.00 lakhs. Ex.P310 is the credit voucher transferring Rs.5.00 lakhs to the Savings Bank Account of B.S.Neelakanta/A-3 of
Andhra Bank, Ameerpet Branch. Ex.P311 is the internal advice for transferring the above said amount. Ex.P312 is the Andhra Bank, Ameerpet Branch credit voucher favouring the account of B.S.Neelakanta/A-3 vide S.B. Account No.271 for the above said amount. Ex.P313 is the withdrawal form, dt.17.03.1993 for
Rs.5.00 lakhs under which B.S.Neelakanta/A-3 has withdrawn the amount from his S.B. Account No.271.
(c) Ex.P314 is the debit voucher, dt.05.04.1993 debiting KTD 248 favouring S.M.Jani for Rs.42,35,789/-. Ex.P315 is the credit voucher, dt.05.04.1993 for Rs.29,22,172/- favouring Mrs. Indumati. Ex.P316 is the credit voucher, dt.05.04.1993 for Rs.13,13,617/- favouring CD 240. Ex.P317 is the credit voucher for Demand Draft in favour of B.S.Neelakanta/A-3 for
Rs.13,13,617/-. Ex.P318 is the Demand Draft in favour of B.S.Neelakanta/A-3 bearing No.969227, dt.05.04.1993 for Rs.4,13,617/- which was credited to his account at Andhra Bank, Somajiguda Branch. Ex.P319 is the Demand Draft in favour of B.S.Neelakanta/A-3 bearing No.969226, dt.05.04.1993 for
Rs.9,00,000/- which was credited to his account at Andhra Bank, Somajiguda
Branch. In Ex.P8-Deposit Loan Register page Nos.211 and 212 are missing to show the transactions of Ex.P315 (credit voucher). Ex.P517 is the self cheque of
P.75 CC No.14 of 1998
Jani Clency & Richards for Rs.13,13,617/-, dt.05.04.1993 bearing Account
No.240, on the reverse it is stated as adjusted.
(d) PW-2 further deposed in his chief examination that D.Narasimha
Reddy/A-1 has prepared Ex.P320-debit voucher, dt.26.04.1993 for Rs.6.00 lakhs favouring Madhusudan K. Jani/A-2 debiting DL-60/92-93. Ex.P321 is the pay-in- slip for Rs.4.00 lakhs in favour of Shaw/A-23 (died) vide SB 840, dt.26.04.1993.
Ex.P322 is the cheque bearing No.0566203, dt.03.04.1993 for Rs.2.00 lakhs issued by Shaw/A-23 (died) in favour of B.S.Neelakanta/A-3 which was discounted at Andhra Bank, Ameerpet Branch on the same day. Ex.P323 is the cheque issued by Shaw/A-23 in favour of B.Naganna/A-5 (died) for Rs.2.00 lakhs, dt.03.04.1993. Ex.P324 is the pay-in-slip of Andhra Bank, Ameerpet
Branch in favour of B.S.Neelakanta/A-3 vide S.B. Account No.271 for Rs.2.00 lakhs. Ex.P325 is the realisation advice about the realisation of Ex.P322 and
Ex.P323 on 27.04.1993. Ex.P326 is the self cheque of B.S.Neelakanta/A-3, dt.03.04.1993 for Rs.2.00 lakhs bearing cheque No.0523851 through which he has drawn the amount from his account bearing No.271. Ex.P327 is the pay-in- slip of B.Naganna/A-3 (died), Ex.P328 is the Andhra Bank, Ameerpet Branch collection schedule, Ex.P329 is the cheque of B.Naganna/A-5 (died) through which he has drawn the cash of Rs.2.00 lakhs. Ex.P330 is the internal advice about the realisation of Ex.P322 and Ex.P323. As on 03.04.1993 the balance in
Ex.P75-ledger sheet of P.S.Shaw/A-23 (died) was only Rs.615.35 ps.
(e) Ex.P331 is the debit voucher, dt.30.04.1993 cancelling KTD 249 favouring M.Jani for Rs.15,86,425/-. Ex.P332 is the credit voucher, dt.30.04.1993 crediting Rs.6,00,822/- in DL-16/92-93. Ex.P333 is the credit voucher, dt.30.04.1993 in favour of I.M.Jani and M.K.Jani/A-2 for Rs.9,77,928/-.
Ex.P334 is the draft cancellation, dt.08.05.1993 cancelling the Demand Draft for
Rs.9,77,928/-. Ex.P335 is the Demand Draft for Rs.9,77,928/- in favour of
P.76 CC No.14 of 1998
I.M.Jani and M.K.Jani/A-2, dt.30.04.1993. Ex.P336 is the credit voucher, dt.08.05.1993 crediting CD 240 towards D.D. cancellation for Rs.9,77,928/-.
Ex.P337 is the credit voucher, dt.08.05.1993 for Rs.8,63,000/- transferring in favour of B.Naganna/A-5 (died) and its internal advice is Ex.P338. Ex.P339 is the
Andhra Bank, Ameerpet Branch credit voucher favouring B.Naganna/A-5 (died) for the above said amount and Ex.P340 is the self cheque of B.Naganna/A-5 for
Rs.8,99,000/- bearing No.009373 bearing S.B. Account No.3478. D.Narasimha
Reddy/A-1 has recorded the debit of Rs.9,78,000/- in Ex.P62-Payment Scrolls
Register at page No.114. Ex.P518 is the self cheque of Jani Clency & Richards for Rs.9,78,000/-, dt.08.05.1993 bearing Account No.240, through which cash is paid.
(f) D.Narasimha Reddy/A-1 has prepared and authorised debit voucher, dt.23.06.1993 debiting DL favouring Madhusudan Jani/A-2 for transfer to CD 240 for Rs.12.00 lakhs under Ex.P341. The credit voucher for the above said amount is Ex.P342. Ex.P343 is the Demand Draft application in favour of
B.S.Neelakanta/A-3 for Rs.12.00 lakhs plus Rs.1,500/- towards exchange, dt.23.06.1993. Ex.P344 is the Demand Draft in favour of B.S.Neelakanta/A-3 for
Rs.7.00 lakhs vide D.D. No.969818, dt.23.06.1993 which was paid through Bank of Baroda, Masabtank Branch, Hyderabad. Ex.P345 is the Demand Draft in favour of B.S.Neelakanta/A-3 for Rs.5.00 lakhs vide D.D. No.969819, dt.23.06.1993 which was paid through Bank of Baroda, Masabtank Branch,
Hyderabad. Ex.P341-debit voucher is not entered in Ex.P8-Deposit Loan
Register. Ex.P519 is the self cheque of Jani Clency & Richards for
Rs.12,01,500/-, dt.23.06.1993 bearing Account No.240, through which D.D. was issued.
(g) PW-2 further stated in his chief examination that on 16.06.1993
Bharat Dynamics Ltd. Account was debited for Rs.3,67,98,408.74 towards
P.77 CC No.14 of 1998 payment to MASCO GTD under Ex.P346 and the amount was kept in sundry creditor under Ex.P347, the amount was debited to Bhanur Branch under
Ex.P348 and Ex.P349 is the credit voucher, dt.16.06.1993 for the above said amount, its internal advice is Ex.P350. Ex.P351 is the sundry creditors, dt.16.06.1993 for the above said amount kept in CD, the amount was credited to
CD-1 under Ex.P352. Bharat Dynamics Ltd. account was debited under Ex.P353 for Rs.3,04,33,408.74, dt.11.08.1993. An amount of Rs.63,65,000/- of
M/s. Bharat Dynamics Ltd. was debited under Ex.P354, dt.11.08.1993. Ex.P355 is the Fixed Deposit credit voucher for Rs.16,54,400/-. Ex.P356 is the Fixed
Deposit voucher for Rs.45,45,600/-. Ex.P357 is the Fixed Deposit voucher, dt.11.08.1993 for Rs.1,29,75,668.74 in favour of Bharat Dynamics Ltd. and its credit voucher is Ex.P358. Ex.P359 is the credit voucher for Rs.1,65,000/-, dt.11.08.1993 for DL-31/93-94. Ex.P360 is the Deposit Loan credit voucher, dt.11.08.1993 for Rs.12,03,288/-. Ex.P360 is not entered in Ex.P8-Deposit Loan
Register.
(h) Ex.P361 is the Pay Order voucher in favour of Madhusudan K. Jani/A-2 for Rs.851.53, dt.09.03.1993 and the Pay Order for the above said amount is
Ex.P362 vide Pay Order No.977927, Ex.P363 is the pay-in-slip for the above said amount favouring Lions Club of Bhanur. Ex.P520 is the self cheque of Jani
Clency & Richards for Rs.851.53, dt.09.07.1993 bearing Account No.240.
Ex.P364 is the Deposit Loan voucher, dt.11.08.1993 for Rs.1,65,000/- favouring
M.Ramakrishna Reddy DL-31/93-94. Ex.P365 is the Deposit Loan voucher, dt.20.08.1993 favouring M.Ramakrishna Reddy for Rs.50,000/- DL-37/93-94.
Ex.P366 is the Deposit Loan voucher, dt.17.08.1993 favouring M.Ramakrishna
Reddy for Rs.85,000/- DL-37/93-94. Ex.P367 is the D.D. application, dt.17.08.1993 in favour of B.S.Neelakanta/A-3 for Rs.85,000/- plus exchange of
Rs.212.50. Ex.P368 is the Demand Draft in favour of B.S.Neelakanta/A-3 for
P.78 CC No.14 of 1998
Rs.85,000/- bearing D.D.No.970360, dt.17.08.1993 and cash was paid through
Andhra Bank, Somajiguda Branch. Ex.P369 and Ex.P370 are the Deposit Loan vouchers in favour of M.Ramakrishna Reddy for Rs.10,000/- and Rs.30,000/-, dt.24.08.1993, 17.09.1993 in DL-37/93-94.
(i) Ex.P371 is the Deposit Loan voucher, dt.04.10.1993 favouring
Madhusudan K. Jani/A-2 DL-48/93 for Rs.3.00 lakhs allowed against FDR-66/93- 94 and its credit voucher is Ex.P372 and internal advice is Ex.P373. Ex.P374 is the certified copy of withdrawal form of B.S.Neelakanta/A-3 through which he has withdrawn Rs.3.00 lakhs from S.B. Account No.24740. Ex.P375 is the debit voucher, dt.14.10.1993 cancelling FDR-66/93-94 for Rs.16,54,400/- plus interest
Rs.29,008.65 and cash was paid thereunder. Ex.P376 is the credit voucher for
Rs.3.00 lakhs in favour of Madhusudan K. Jani/A-2 DL-48/93. Ex.P377 is the
Demand Draft application form in favour of M.K.Jani/A-2 for Rs.9,19,410.65 plus exchange Rs.1500/-. Ex.P378 is the Demand Draft application, dt.14.10.1993 in favour of M/s. Konark Television for Rs.3,70,000/- plus exchange Rs.925/-.
Ex.P514 is the Demand Draft in favour of M.K.Jani/A-2 (died) issued by Andhra
Bank, Bhanur Branch for Rs.9,19,410.65, dt.14.10.1993, an endorsement is made on the reverse of the exhibit by M.K.Jani/A-2 (died) that “Please pay to
Neelakanta Enterprises” which was confirmed by B.S.Neelakanta/A-3 and the amount was credited to the respective account with Andhra Bank, Somajiguda
Branch. Ex.P379 is the Deposit Loan credit voucher in favour of M.Ramakrishna
Reddy DL-37/93-94 for Rs.1,55,237/- plus interest Rs.733/-. Ex.P380 is the computer generated statement of Andhra Bank, Somajiguda Branch in the name of M/s. Neelakanta Enterprises Current Account No.1839 for the month of
October, 1993 wherein credit of Rs.9,19,410.65 is recorded.
(j) Ex.P381 is the debit voucher, dt.20.10.1993 cancelling FDR-67/93-94 favouring M.K.Jani/A-2 for Rs.45,45,600/- plus IPD Rs.57,287/- and interest
P.79 CC No.14 of 1998
Rs.29,890/- and cash payment was made. Ex.P382 is the credit voucher for
Rs.16,95,000/- in favour of I.K.Jani, dt.23.09.1993. Ex.P383 is the Demand
Draft application in favour of M/s. Sara Enterprises for Rs.20.00 lakhs plus
Rs.1,500/- towards exchange. Ex.P384 to Ex.P386 are the Demand Drafts issued by Andhra Bank, Bhanur Branch in favour of M/s. Sara Enterprises for Rs.9.00 lakhs, Rs.2.00 lakhs and Rs.9.00 lakhs vide D.D.Nos.556567, 556569, 556568, dt.20.10.1993 respectively. Ex.P387 is the debit voucher, dt.18.11.1993 cancelling KTD-59/93-94 for Rs.16,95,000/- of I.K.Jani. Ex.P388 is the Demand
Draft voucher favouring M.K.Jani/A-2 for Rs.16,95,000/-, dt.18.11.1993.
Ex.P515 and Ex.P516 are the Demand Draft in favour of M.K.Jani/A-2 (died) issued by Andhra Bank, Bhanur Branch for Rs.9.00 lakhs, dt.18.11.1993 and for
Rs.7,95,000/-, dt.18.11.1993, an endorsement is made on the reverse of the exhibits by M.K.Jani/A-2 (died) that “Please pay to Neelakanta Enterprises” which was confirmed by B.S.Neelakanta/A-3 and the amounts were credited to the respective account with Andhra Bank, Somajiguda Branch.
(k) PW-2 further stated in his chief examination that Ex.P389 is the debit voucher, dt.22.12.1993 cancelling Fixed Deposit Nos.68/93-94 favouring Bharat
Dynamics Ltd. for total amount of Rs.1,33,45,825/-and Fixed Deposit Receipt is
Ex.P390. Ex.P391 is the credit voucher, dt.22.12.1993 in favour of FDR-138/93- 94 for Rs.1,28,00,000/-. Ex.P392 is the credit voucher, dt.22.12.1993 in favour of BDL CD-1 for Rs.5,45,825/-. Ex.P392 is not recorded in Ex.P26-BDL Current
Account Register at page No.60.
(x) (a) Ex.P393 is the debit voucher, dt.27.12.1993 favouring DL-61/93 of
M/s. M.K.Jani for Rs.5.00 lakhs and its Demand Draft application is Ex.P394.
Ex.P393 is not entered in Ex.P9-Deposit Loan Register.
(b) Ex.P395 is the debit voucher, dt.10.01.1994 cancelling FDR-138/93-94 favouring M/s. Bharat Dynamics Ltd. for Rs.1,28,00,000/-, the original Fixed
P.80 CC No.14 of 1998
Deposit Receipt is Ex.P396 and the credit voucher for the above said amount is
Ex.P397. Ex.P398 is the Deposit Loan voucher, dt.26.10.1991 favouring
A.V.K.Raju/A-11 (died) with DL-84/91 for Rs.1,50,000/- and the above said amount is credited in SB-698 under Ex.P399. Ex.P400 is the self cheque of
A.V.K.Raju/A-11 (died) for Rs.1,50,000/-, dt.26.10.1991 and the above said amount was transferred to Andhra Bank, Ameerpet Branch to the above said account holder under Ex.P401. Ex.P402 is the internal advice and Ex.P403 is the credit voucher. Ex.P404 is the Current Account application, dt.27.11.1991 of
M/s. A.V.K.Raju & Company with Andhra Bank, Ameerpet Branch and the partners are A.V.K.Raju/A-11 (died), A.Sitadevi, P.Narasimha Raju. The account number allotted by the bank to the above said company is 511, A.V.K.Raju/A-11 (died) is authorised to operate the account. Ex.P405 is the Deposit Loan credit voucher, dt.30.03.1992 for Rs.1,58,223.70 favouring DL-84/91 and its internal advice is Ex.P406 for Rs.5.00 lakhs. Ex.P407 is the Current Account ledger extract of M/s. A.V.K.Raju & Company in which Ex.P403-credit voucher for
Rs.1,50,000/- is recorded.
(c) Ex.P408, Ex.P410 to Ex.P412, Ex.P416, Ex.P419, Ex.P423, Ex.P424,
Ex.P427, Ex.P428, Ex.P431, Ex.P439, Ex.P445, Ex.P482 and Ex.P496 are the self cheques of A.V.K.Raju/A-11 (died) for Rs.2,00,500/- and Rs.98,250/-, dt.10.01.1994, Rs.3.00 lakhs, dt.18.01.1994, Rs.3.00 lakhs, dt.19.01.1994,
Rs.3,65,400/-, dt.03.02.1994, Rs.7,50,000/-, dt.09.02.1994, Rs.3.00 lakhs, dt.19.02.1994, Rs.5,01,250/- lakhs, dt.21.02.1994, Rs.2,30,000/-, dt.28.02.1994,
Rs.2.00 lakhs, dt.02.03.1994, Rs.1.00 lakh, dt.19.03.1994, Rs.2.00 lakhs, dt.22.03.1994, Rs.4,50,000/-, dt.26.03.1994, Rs.4.00 lakhs, dt.02.08.1994,
Rs.3,00,500/-, dt.31.08.1994 respectively in Account No.239. Ex.P409 is the
Demand Draft application, dt.10.01.1994 favouring M/s. Prime Pharmatech India
Ltd. for Rs.2.00 lakhs plus Rs.500/- exchange. Ex.P408 is not recorded in
P.81 CC No.14 of 1998
Ex.P74-ledger sheet of A.V.K.Raju. Ex.P413 is the Demand Draft application, dt.19.01.1994 in favour of M/s. Prime Pharmatech India Ltd. for Rs.2.00 lakhs plus Rs.500/- towards exchange and its Demand Draft is Ex.P414 for the above said amount vide D.D.No.557480, dt.19.01.1994. Ex.P415 is the credit challan, dt.19.01.1994 in favour of M/s. Meridian Granites Pvt. Ltd. CD-191 for
Rs.50,000/-.
(d) D.Narasimha Reddy/A-1 has prepared Ex.P417 and Ex.P418-Demand
Draft applications, dt.03.02.1994 in favour of I.M.Jani for Rs.1,42,700/- plus
Rs.350/- towards exchange and Rs.2,21,800/- plus Rs.550/- towards exchange in favour of M.K.Jani/A-2 (died). Ex.P420 is the credit voucher to Andhra Bank,
Vijayanagar Colony Branch, dt.09.02.1994 in favour of B.S.Neelakanta/A-3 for
Rs.6.00 lakhs and its internal advice is Ex.P421. Ex.P422 is the certified copy of voucher of Andhra Bank, Vijayanagar Colony Branch favouring B.S.Neelakanta/
A-3 S.B. Account No.24740 by crediting Rs.6.00 lakhs in his account. Ex.P419 is not recorded in Ex.P74-ledger sheet of A.V.K.Raju/A-11 (died) and it was also struck off in Ex.P34-Day Book Register at page No.226.
(e) Ex.P425 is the Demand Draft application, dt.21.02.1994 favouring
M/s. Urvasi Enterprises for Rs.5.00 lakhs plus exchange of Rs.1,250/- and its
Demand Draft is Ex.P426 bearing D.D.No.960949 issued by Andhra Bank, Bhanur
Branch and the D.D. was credited to payee account at Andhra Bank, Somajiguda
Branch. Ex.P429 is the Demand Draft application, dt.02.03.1994 in favour of
M/s. Prime Pharmatech India Ltd. for Rs.2.00 lakhs and its Demand Draft is
Ex.P430 vide D.D.No.961093 issued by Andhra Bank, Bhanur Branch on ABCD
Cell, Hyderabad and it was credited to payee account at Andhra Bank, Ameerpet
Branch.
(f) D.Narasimha Reddy/A-1 has prepared Ex.P432-Demand Draft application, dt.19.03.1994 for Rs.31,500/- plus exchange of Rs.50/- favouring
P.82 CC No.14 of 1998
Lions Club International Foundation and in the applicant‟s signature column the name of A.V.K.Raju/A-11 is written. D.Narasimha Reddy/A-1 has also prepared
Ex.P431-cheque for Rs.1.00 lakh.
(g) D.Narasimha Reddy/A-1 has authorised and prepared Ex.P433-debit voucher, dt.22.03.1994 for Rs.14,14,590/- by debiting CD-1 of M/s. BDL. A-1 has authorised and prepared Ex.P434-credit voucher to Vijayanagar Colony
Branch for crediting Rs.5.00 lakhs to SB-24740 of B.S.Neelakanta/A-3 and
Rs.4.00 lakhs to Savings Bank Account of R.Seshagiri Rao/A-10 (died). A-1 has authorised and prepared Ex.P435-credit voucher, dt.22.03.1994 favouring
DL-60/93-94 of I.M.Jani and M.K.Jani/A-2 for Rs.5,14,590/-. Ex.P436 is the internal advice from Andhra Bank, Bhanur Branch to Andhra Bank, Vijayanagar
Colony Branch to credit Rs.4.00 lakhs to the account of R.Seshagiri Rao/A-10 (died). Ex.P437 is the internal advice to credit Rs.5.00 lakhs to the account of
B.S.Neelakanta/A-3 vide S.B. Account No.24740. Ex.P438 is the certified copy of credit voucher of Andhra Bank, Vijayanagar Colony Branch for Rs.5.00 lakhs favouring B.S.Neelakanta/A-3 vide S.B. Account No.24740.
(h) Ex.P444 is the account opening form and specimen signature card of
Madadi Ramakrishna Reddy/A-16 (discharged) of Andhra Bank, Jubilee Hills
Branch, Hyderabad and the bank has alloted Account No.6418. Ex.P440 is the
Demand Draft application form, dt.22.03.1994 for Rs.1,50,000/- plus Rs.375/- towards exchange in favour of A-16 and its Demand Draft is Ex.P441 for the above said amount vide D.D.No.961239. Ex.P442 is the credit voucher favouring
S.B. 6418 of A-16 for the above said amount. Ex.P443 is the self cheque for
Rs.1,50,000/-, dt.22.03.1994 vide cheque bearing No.343151 through which
A-16 has withdrawn the above said amount on the same day.
(i) D.Narasimha Reddy/A-1 has prepared and authorised the transactions of Ex.P446-debit voucher, dt.30.03.1994 debiting Rs.3.00 crores to FDR of
P.83 CC No.14 of 1998
M/s. BDL without mentioning the particulars of deposit and its credit voucher is
Ex.P447. Ex.P448 is the debit voucher debiting CD-1 M/s. BDL for
Rs.3,67,98,408.74 stating TT No.014 to Bombay debited on 16.06.1993.
Ex.P449 is the duplicate of BA-4 for the above said amount. D.Narasimha
Reddy/A-1 has prepared and authorised Ex.P448 and Ex.P449 transactions.
(j) D.Narasimha Reddy/A-1 has prepared Ex.P450-debit voucher, dt.07.06.1994 debiting M/s. BDL for Rs.27,96,710/- on account of FLC-639/4/94.
Ex.P451 is the Deposit Loan debit voucher, dt.07.06.1994 favouring M.R.K.Reddy for Rs.2.00 lakhs. Ex.P452 is the credit voucher, dt.07.06.1994 crediting sundry creditors for Rs.13,96,710/-. Ex.P453 is the credit voucher in favour of Ms. Sonia
Shroff for Rs.15.00 lakhs, dt.07.06.1994. Ex.P454 is the credit voucher for issuance of Demand Draft in favour of M.Ramakrishna for Rs.1.00 lakh and its
Demand Draft is Ex.P455, credit voucher is Ex.P456. Ex.P457 is the self cheque of M.R.K.Reddy/A-16 (discharged) for Rs.1.00 lakh, dt.08.06.1994 whereunder he has drawn the amount from S.B. Account No.6418. D.Narasimha
Reddy/A-1 has prepared Ex.P451 to Ex.P454. Ex.P452-credit voucher is not recorded in Ex.P73-Sundry Debtors and Creditors Register at page No.8.
Ex.P458 is the debit voucher, dt.08.06.1993 for Rs.13,96,710/- debiting sundry creditors as amount of FLC balance transferred to M/s. Jani Clency & Richards.
(k) Ex.P463 is the account opening form/specimen signature card of
M.Ramakrishna which was introduced by B.S.Neelakanta/A-3 at Andhra Bank,
Ameerpet Branch, the bank has allotted Account No.9038. Ex.P462 is the ledger extract of M.Ramakrishna of Andhra Bank, Ameerpet Branch, as per the extract, account is opened on 11.06.1994. Ex.P459 is the Demand Draft application favouring M.Ramakrishna for Rs.13,96,710/-, dt.08.06.1994. Ex.P460 and
Ex.P461 are the Demand Drafts in favour of M.Ramakrishna for Rs.9.00 lakhs bearing No.962034 and Rs.4,95,210/- bearing No.962035, dt.08.06.1994
P.84 CC No.14 of 1998 respectively. Ex.P464 is the withdrawal form, dt.14.06.1994 whereunder
M.Ramakrishna has withdrawn Rs.5,95,500/- from Account No.9038, withdrawn
Rs.3.00 lakhs on the same day under Ex.P465 and withdrawn Rs.5.00 lakhs on the same day under Ex.P466. Ex.P458 is not recorded in Ex.P73-Sundry Debtors and Creditors Register at page No.8. D.Narasimha Reddy/A-1 instead of sending the remittance on account of FLC for Rs.27,96,710/- (Ex.P450) has misused and sent the amount to Sonia Shroff and M.Ramakrishna who are not the real beneficiaries.
(xi) (a) Ex.P467 is the debit voucher, dt.15.06.1994 for Rs.3,72,78,358/- debiting Bharat Dynamics Ltd. towards amount remitted to RBI to the credit of
GTB Account, its credit voucher is Ex.P468 and debit advice is Ex.P469. Ex.P470 is BA-9 of Santoshnagar Branch, dt.15.06.1994 and its internal advice is Ex.P471, debit voucher is Ex.P472 for the above said amount, dt.23.06.1994 and credit voucher is Ex.P473. Ex.P473 is not recorded in Ex.P27-BDL Current Account
Register at page No.12. The amount claimed on 15.06.1994 should have been responded to internal advice raised by Santoshnagar Branch vide Ex.P471 and was credited to CD BDL without any basis.
(b) D.Narasimha Reddy/A-1 has prepared Ex.P474-debit voucher, dt.25.06.1994 for Rs.3,02,64,655/- debiting BDL mentioning amount transferred to BDL Counter on account of FDR, he also prepared credit voucher under
Ex.P475 for Rs.6,05,29,315/- by crediting BDL Extension Counter and its internal advice is Ex.P476. Ex.P474 is not recorded in Ex.P27-BDL Current Account
Register at page No.14. D.Narasimha Reddy/A-1 has unauthorisedly debited BDL
Account vide Ex.P474. Ex.P477 is the credit voucher for Rs.27,48,204/-, dt.28.06.1994 to ID, Hyderabad on account of FABP-12/94. Ex.P478 is the debit voucher, dt.28.06.1994 debiting Bharat Dynamics Ltd. for Rs.27,96,710/-.
D.Narasimha Reddy/A-1 has utilised the amount to issue Demand Drafts to
P.85 CC No.14 of 1998 various parties on 07.06.1994 and 08.06.1994. Ex.P478-debit voucher is not recorded in Ex.P27-BDL Current Account Register at page No.16.
(c) Ex.P481 is the application form for opening the account/specimen signature card, dt.24.08.1992 of Meda Ramakrishna Reddy/A-18 (discharged)
S/o. M.V.Subba Reddy at Andhra Bank, Bhanur Branch. The bank has allotted
Account No.238. Ex.P480 is the ledger extract of the account of Meda
Ramakrishna Reddy/A-18 (discharged). Ex.P479 is the cheque bearing
No.915292, dt.25.07.1994 for Rs.4.00 lakhs in Account No.238. Ex.P479 is not recorded in Ex.P480-ledger extract.
(d) Ex.P483 to Ex.P485 are the Demand Draft applications in favour of Pay and Accounts Office, Kallur for Rs.1.00 lakh each, dt.02.08.1994 and the Demand
Drafts are Ex.P486 to Ex.P488 issued by Andhra Bank, Bhanur Branch. Ex.P489,
Ex.P491 and Ex.P492 are the cancellation vouchers of Ex.P486 to Ex.P488.
Ex.P490 is the credit voucher in favour of A.V.K.Raju/A-11 (died) for Rs.1.00 lakh bearing CD Account No.239. Ex.P493 is the credit voucher, dt.08.09.1994 crediting Rs.2.00 lakhs on account of D.D. cancellation (Ex.P491 and Ex.P492).
Ex.P494 is the debit voucher, dt.31.08.1994 debiting DL-17/94-95 of
M.Ramakrishna Reddy for Rs.2.00 lakhs and its credit voucher is Ex.P495 to
Current Account No.239. Ex.P497 is the Demand Draft voucher, dt.31.08.1994 in favour of M/s. Megacity Printers for Rs.1,50,000/- plus Rs.500/- towards exchange. Ex.P498 is the cheque for Rs.34,16,993/-, dt.17.10.1994 bearing cheque No.915433 in the Current Account No.240 (M/s. Jani Clency &
Richards), which was supposed to be closed on 09.07.1993. Ex.P499 to
Ex.P501 are the Demand Drafts bearing No.430469 to 430471 for Rs.9.00 lakhs each, Ex.P502 is the Demand Draft bearing No.430475 for Rs.7,14,493/-, dt.17.10.1994 respectively in the name of M.K.Jani/A-2 (died). On the above said exhibits M.K.Jani/A-2 made an endorsement to credit the amount to Amogh
P.86 CC No.14 of 1998
Business Links and B.S.Neelakanta/A-3 has signed on behalf of Amogh Business
Links as Managing Partner with endorsement “Please accept this Pay Order”.
Ex.P499 to Ex.P502 were credited in Federal Bank Account at Lakdikapool
Branch, Hyderabad.
(e) Ex.P503 is the debit voucher, dt.29.10.1994 for Rs.4.00 lakhs debiting
DL-17/94-95. Ex.P504 is the credit voucher, dt.29.10.1994 favouring
A.V.K.Raju/A-11 (died) CD No.239. Ex.P505 is the self cheque of A.V.K.Raju/
A-11 through which he has withdrawn cash and on the reverse of cheque he has noted that cash is given to DNR remittance amount and branch debit voucher for the above said amount is Ex.P506 whereunder D.Narasimha Reddy/A-1 has signed. Ex.P503 is not recorded in Ex.P9-Deposit Loan Register at page 74.
(f) Ex.P507 is the Current Account challan in favour of M/s. Jani Clency &
Richards Account No.240 for Rs.25.00 lakhs, dt.28.12.1994 and its cheque is
Ex.P508 bearing No.915434. Ex.P509 is the Demand Draft application, dt.28.12.1994 for Rs.25.00 lakhs in favour of M/s. Amogh Business Links.
Ex.P507 to Ex.P509 are prepared by D.Narasimha Reddy/A-1. Ex.P510 and Ex.P511 are the Demand Drafts for Rs.9.00 lakhs each bearing
D.D.Nos.431335 and 431336, dt.28.12.1994 in favour of M/s. Amogh Business
Links. Ex.P512 is the Demand Draft for Rs.7.00 lakhs bearing D.D.No.431337, dt.28.12.1994 in favour of M/s. Amogh Business Links. As per records, Account
No.240 of M/s. Jani Clency & Richards was closed on 09.07.1993. Ex.P513 is the
Current Account cheque bearing No.915431, dt.24.06.1993 for Rs.1.00 lakh in
Account No.240, cash was withdrawn on 30.06.1993 and the same is noted on the reverse of the above said exhibit.
(g) PW-2 further stated in his chief examination that Ex.P521 is the Fixed
Deposit voucher, dt.07.09.1992 for Rs.40.00 lakhs in favour of I.M.Jani and its debit voucher is Ex.P522, contra voucher is Ex.P523, internal advice of Andhra
P.87 CC No.14 of 1998
Bank, Opera House Branch to Bhanur Branch is Ex.P524. Ex.P525 is the letter of
I.M.Jani to Andhra Bank, Opera House Branch, Bombay to transfer Rs.40.00 lakhs to Andhra Bank, Bhanur Branch. Ex.P526 is the Andhra Bank, Opera
House Branch credit advice for Rs.40.00 lakhs, dt.08.09.1992. It is evident from the above said exhibits that Andhra Bank, Bhanur Branch has received Rs.40.00 lakhs from I.M.Jani.
(h) Ex.P527 is the debit voucher, dt.24.10.1992 for Rs.15.00 lakhs on account of CBP No.33 and its credit voucher is Ex.P528, dt.06.11.1992 for the above said amount, internal advice, dt.30.10.1992 for realisation of Rs.15.00 lakhs from Matunga Branch to Bhanur Branch. Ex.P530 is the credit advice, dt.29.10.1992 for realisation of Rs.15.00 lakhs. Ex.P527 to Ex.P530 shows the receipt of Rs.15.00 lakhs from I.M.Jani and M.K.Jani/A-2 (died).
(i) D.Narasimha Reddy/A-1 has written the name of M/s. BDL in the application column of Ex.P531 which is a Demand Draft application favouring
B.S.Neelaikanta/A-3 for Rs.41,654.90 plus Rs.105/- towards exchange. Ex.P532 is the Demand Draft bearing No.011232 for Rs.41,654.90, dt.01.02.1992 in favour of B.S.Neelakanta/A-3 which is issued by Andhra Bank, Bhanur Branch, the D.D. was paid at Andhra Bank, Somajiguda Branch. Ex.P533 is the cancelled
Demand Draft for Rs.40,249.97, dt.01.02.1992 favouring Unimarine Agencies
Pvt. Ltd. bearing D.D.No.532829, and Demand Draft cancelled credit voucher is
Ex.P534. Ex.P535 is the Demand Draft application, dt.21.02.1992 for
Rs.40,147.47 plus 102.50 towards exchange issued in favour of
B.S.Neelakanta/A-3, Hyderabad. Ex.P536 is the Demand Draft bearing
No.011405, dt.21.02.1992 for Rs.40,147.47 in favour of Neelakanta/A-3 issued by Andhra Bank, Bhanur Branch and the same is credited to the payee account at Andhra Bank, Ameerpet Branch (SB-271). Ex.P537 is the SB pay-in-slip in favour of B.S.Neelakanta/A-3 vide S.B. Account No.271 at Andhra Bank,
P.88 CC No.14 of 1998
Ameerpet Branch for Rs.40,147.47. Ex.P538 is the cheque bearing No.492873, dt.22.02.1992 for Rs.47,000/- issued by B.S.Neelakanta/A-3 from his S.B.
Account No.271 in favour of Urvasi Bar & Restaurant. Ex.P539 is the ledger sheet of B.S.Neelakanta/A-3 maintained at Andhra Bank, Ameerpet Branch vide
S.B. Account No.271. Ex.P536 and Ex.P538 transactions are noted in
Ex.P539-ledger extract. Ex.P91, Ex.P93 and Deposit Loan transactions of 08.02.1992 were not entered in Ex.P8-Deposit Loan Register and Ex.P144 (debit voucher for Rs.5.00 lakhs, dt.06.04.1992) was not entered in ledger sheet of CD- 191 (Ex.P76).
(xii) (a) PW-2 further stated in his chief examination that Deposit Loans were allowed against the deposits eminated from Ex.P521 to Ex.P530 and the amounts were passed on to various beneficiaries including M.K.Jani/A-2. It is observed after closing the deposits for Rs.40.00 lakhs on 05.04.1993 vide
Ex.P314 to Ex.P319 and Rs.15.00 lakhs on 30.04.1993 vide Ex.P331 to Ex.P340 the following are the details of the beneficiaries :
DateNameAmount Rs.Exhibits 11.1.93Anil Kumar6,50,000- 13.3.93B.S.Neelakanta/A-31,75,000Exs.P302, 303, 307 & 308 17.3.93B.S.Neelakanta/A-35,00,000Exs.310 to 313 5.4.93B.S.Neelakanta/A-3 (through 13,13,617Exs.P314 to 319 CD 240) 13.3.93M.K.Jani/A-2 (died)1,00,250Ex.P304 21.1.93CD 240 Credit14,50,000- 13.3.93D.Narasimha Reddy/A-183,730Ex.P300 13.3.93Pay Order500Exs.P305 & 306 26.4.93B.S.Neelakanta/A-32,00,000- 26.4.93B.Naganna/A-5 (died)2,00,000Exs.320 to 330 26.4.93D.Narasimha Reddy/A-12,00,000- 8.5.93B.Naganna/A-5 (died)8,63,000- 8.5.93D.Narasimha Reddy/A-11,15,000Exs.P331 to 340
P.89 CC No.14 of 1998
(b) From Current Account 240 favouring Jani Clency Richards have gone to the following beneficiaries :
DateNameAmount Rs.Exhibits 25.9.92S.R.Bhatt1,81,122Exs.P243 to 248 12.10.92B.S.Neelakanta/A-315,00,000Exs.P271 to 278 24.10.92S.S.Bhatt/A-81,25,000Exs.P279 to 289 23.6.03B.S.Neelakanta/A-312,01,500Exs.P341 to 345 30.6.93D.Narasimha Reddy/A-11,00,000Ex.P514 17.10.94M.K.Jani/A-2(died)34,16,993Ex.P498 to 502
(c) Demands Draft is endorsed to Amogh Business Links represented by
B.S.Neelakanta/A-3, which is as under :
DateNameAmount Rs.Exhibits 28.12.94Amogh Business Links25,00,000Exs.P508 to 512
(d) On 11.08.1993, D.Narasimha Reddy/A-1 has created deposits for
Rs.16,54,400/-, a Demand Draft favouring M.K.Jani/A-2 for Rs.9,19,410.65 plus
Rs.1,500/- was issued, the same is endorsed in the name of Neelakanta
Enterprises represented by B.S.Neelakanta/A-3 (Ex.P375 to Ex.P379 & Ex.P514).
Out of created deposits on 11.08.1993 explained in Ex.P381 to Ex.P388, the
Demand Drafts under Ex.P515 and Ex.P516 are issued.
(e) D.Narasimha Reddy/A-1 while working as Manager at Andhra Bank,
Bhanur Branch has allowed Temporary Over Drafts in Savings Bank Account, the powers during that time are Rs.300/- only and he failed to enter the relative transaction in the concerned ledger sheets which amounts to falsification of records. Some of the examples are Ex.P122, Ex.P123, Ex.P151, Ex.P197,
Ex.P211, Ex.P212, Ex.P248, Ex.P322, Ex.P323.
(f) D.Narasimha Reddy/A-1 while working as Manager at Andhra Bank,
Bhanur Branch has allowed Temporary Over Drafts in Current Account, the powers during that time are Rs.5,000/- only and he failed to enter the relative
P.90 CC No.14 of 1998 transaction in the concerned ledger sheets which amounts to falsification of records. Some of the examples are Ex.P131, Ex.P134, Ex.P139, Ex.P143,
Ex.P144, Ex.P150, Ex.P155, Ex.P167, Ex.P171, Ex.P188, Ex.P189, Ex.P193 to
Ex.P195, Ex.P213, Ex.P218, Ex.P408, Ex.P410 to Ex.P412, Ex.P416, Ex.P419,
Ex.P423, Ex.P424, Ex.P427, Ex.P428, Ex.P431, Ex.P439, Ex.P445, Ex.P479 and
Ex.P482.
(g) D.Narasimha Reddy/A-1 while working as Manager, Andhra Bank,
Bhanur Branch has allowed Deposit Loans without any basis in the name of
Bharat Dynamics Ltd., passed on the amounts to various beneficiaries, the examples are Ex.P82 to Ex.P118, Ex.P120, Ex.P126 to Ex.P130, Ex.P136 to
Ex.P138, Ex.P300 to Ex.P313, Ex.P364, Ex.P371 to Ex.P374, Ex.P393 and
Ex.P398.
(h) D.Narasimha Reddy/A-1 while working as Manager, Andhra Bank,
Bhanur Branch has falsified the entries pertaining to M/s. Bharat Dynamics Ltd., payments were made to Russian firm by Andhra Bank, Santoshnagar Branch and the corresponding debit was not responded in time, the examples are Ex.P159 to
Ex.P166, Ex.P295 to Ex.P299, Ex.P346 to Ex.P360, Ex.P375 to Ex.P392, Ex.P446 to Ex.P456, Ex.P474 to Ex.P478.
(i) D.Narasimha Reddy/A-1 while working as Manager at Andhra Bank,
Bhanur Branch has not entered the transactions in Bharat Dynamics Ltd. account and without authorisation passed the amounts to various beneficiaries, some of the examples are Ex.P215, Ex.P223, Ex.P227, Ex.P249, Ex.P290, Ex.P433 and the items related to 21.09.1992.
(j) D.Narasimha Reddy/A-1 while working as Manager at Andhra Bank,
Bhanur Branch has not followed the prescribed procedures in respect of remittances, some examples are Ex.P167 to Ex.P187, Ex.P227 to Ex.P234,
Ex.P237 to Ex.P240.
P.91 CC No.14 of 1998
(k) PW-2 further stated in his chief examination that major amounts from the fraudulent transactions have gone to the following beneficiaries :
1. B.S.Neelakanta/A-3.
2. Urvasi Enterprises represented by B.S.Neelakanta/A-3.
3. Neelakanta Enterprises represented by B.S.Neelakanta/A-3.
4. Tipsy Wines represented by B.Naganna/A-5 (died).
5. Sara Enterprises represented by D.Yugandhar/A-14.
6. M.Ramakrishna introduced by B.S.Neelakanta/A-3.
7. Amogh Business Links represented by B.S.Neelakanta/A-3.
8. B.Naganna/A-5 (died).
9. Suvnics India Exim represented by Mahesh A. Raju/A-6 and B.S.Neelakanta/A-3.
10. India Exim represented by Mahesh A. Raju/A-6 and B.S.Neelakanta/A-3.
11. Madadi Ramakrishna Reddy/A-16 (discharged).
12. Madati Aravind Reddy.
13. Sadasiv Bhatt/A-8.
14. Sai Enterprises.
15. P.Sai Babu/A-9 (died).
16. R.Seshagiri Rao/A-10 (died).
On account of the transactions, Andhra Bank, Bhanur Branch has suffered a loss of Rs.3.72 crores during the period 1990 to 1994.
(xiii) PW-2 stated in his cross-examination as under :- I was instructed orally by the Chief Vigilance Officer and General Manager to conduct inspection of Bhanur Branch, there is a practice to issue instructions both orally and in writing. I have submitted my inspection report on the transactions of Andhra Bank, Bhanur Branch to Chief Vigilance Officer, that report is not filed in the Court.
I cannot say the general practice followed by the Branch Manager in respect of obeying instructions relating to Over Draft sanction of S.B. and Current Account. Sometimes the Branch Manager exceeds the limits and shall seek confirmation from the competent authority. No loss is caused to the bank due to the irregularities committed by A-1 in respect of Cash Remittance Guidelines.
The transactions of Bharat Dynamics Ltd. referred by me in chief examination were entered in books of accounts like vouchers, Transfer Scrolls, Day Book but not in Deposit Loan Register. Interest was charged on the loans and commissions were collected on Demand Drafts.
Most of the Demand Drafts were credited to the payee accounts and in some cases basing on the endorsement of the payee Demand Drafts were credited to third party accounts. Prior to February, 1995 though I was in inspection department since 1994, I never inspected Bhanur Branch, normally inspection of the branch is conducted by Inspector of
P.92 CC No.14 of 1998
Branches from bank and sometimes statutory auditors i.e. private Chartered Accountant firms.
Some transactions relating to M/s. Meridian Granites CD Account No.191 and Savings Bank Account of P.S.Shaw/A-23 (died) vide S.B. No.840 and some other accounts were reflected in the Day Books, Scrolls but not in the ledger sheet, normally the Regional Manager visits the branch once in three or six months.
I have not gone through the previous inspection reports of Bhanur Branch, I am not aware whether Bhanur Branch was graded „A‟ by Vigilance Department on performance basis. Witness adds that Vigilance Department looks after the implementation of the Vigilance Inspection Procedures but not on performance basis.
I am not aware that Andhra Bank, Somajiguda Branch is situated in the premises of B.S.Neelakanta/A-3. I know that some facilities were granted to B.S.Neelakanta Group by Andhra Bank, Somajiguda Branch and I do not know the details, most of the persons to whom A-1 has accommodated the funds were old customers of Andhra Bank.
I do not know whether my inspection report was forwarded to CBI for investigation, I did not come across any letter given by M.K.Jani/A-2 authorising A-1 to raise the Deposit Loans on his deposits during the inspection period, subsequently I came across the letter while working in Vigilance Department.
I did not come across any letter given by B.S.Neelakanta/A-3 and Mahesh A. Raju/A-6 accepting the liability duly indicating the amount during the period of my inspection. I am not aware bank has filed civil suit in OS.No.75/1998 on the file of III Additional Chief Judge, Hyderabad, the total amount in the suit including interest as on January, 1998 is Rs.13,44,60,129.01, creditors were also mentioned in the suit. I am not the plaintiff in OS.No.75/1998.
During the period of inspection the transactions pertaining to M.K.Jani/A-2, I.M.Jani and Jani Clency & Richards were genuine and accordingly arrived the loss as Rs.3.72 crores i.e. unresponded items pertaining to Bharat Dynamics Ltd. Indumati Jani has filed suit vide
O.S.No.1233/1997 and M/s. Jani Clency & Richards filed another suit in
O.S.No.1234/1997, the amounts received on account of those people
were also included in the civil suit.
I did not come across during my inspection that any of the beneficiaries have diverted their funds to A-1. It is true I conducted investigation in Andhra Bank, Bhanur Branch in February, 1995.
It is true when I visited Andhra Bank, Bhanur Branch along with T.S.S.N.Prasad for investigation, some other officers viz. Sri Vinod Babu and Sri N.N.Rao have also conducted investigation, and he cannot say the number of days of his investigation. The Head of the Inspection Department has not issued any written instructions to investigate Andhra Bank, Bhanur Branch.
P.93 CC No.14 of 1998 I submitted the findings along with others under various heads from time to time as and when the investigation is completed. I do not remember the date when Andhra Bank has lodged a written complaint
before Superintendent of Police, CBI, Hyderabad.
I cannot say whether Chief Vigilance Officer or any other officer of Andhra Bank has lodged a complaint prior to his report or after his report. I was examined by PW-40 and referred about the points mentioned in the team report.
M.S.Hussain was the then Chief Vigilance Officer who instructed me to inspect the branch (Andhra Bank, Bhanur Branch). It is true as per guidelines Tempory Over Drafts in Current Account should be allowed indiscriminately.
It is true normally Temporary Over Drafts should be allowed for cash withdrawals and it is meant for meeting statutory obligations and urgent payments. Account No.240 was opened with initial deposit of Rs.300/- by transferring from the Account of A-1.
I did not interrogate A-1 about missing of ledger extracts. I do not know who deposited the cheque for a sum of Rs.64,28,708/-. Ex.P279- debit voucher, dt.24.10.1992 was authorised and debited by A-1. Branch Manager is responsible for missing of ledger papers.
A-1 has authorised payment of Ex.P331 (cancelling KTD-249). I cannot say whether all the transactions carried out by A-1 without any authorisation from A-2. Ex.P377 is prepared by A-1 and I cannot say the signature appearing on the above exhibit is that of Madhusudan K. Jani.
I have not come across any voucher relating to Ex.P498-cheque transaction and it was authorised by A-1. I am not aware about A-2 returning the amount covered by the original of Ex.D5 as he has wrongfully received Rs.1.00 lakh from Andhra Bank under Ex.P304.
It is true Rs.40.00 lakhs and Rs.15.00 lakhs are received towards Fixed Deposit in Andhra Bank, Bhanur Branch in the names of M.K.Jani/A-2 and Indumati Jani. I am not aware that M.K.Jani is the properietor of M/s. Jani Clency & Richards.
Andhra Bank, Bhanur Branch has received Rs.64,28,708/- from Bombay and the amount was credited to Current Deposit No.240 of M/s. Jani Clency & Richards. I have not seen the Fixed Deposit Receipt, dt.07.09.1993 bearing No.502650 of Andhra Bank, Bhanur Branch in the name of I.M.Jani and M.K.Jani for Rs.45,45,600/-. Similarly I have not seen the FDR of M.K.Jani and I.M.Jani for Rs.15.00 lakhs, dt.24.10.1992 bearing No.502726.
I am not aware whether B.S.Neelakanta has paid interest to M.K.Jani, I.M.Jani and M/s. Jani Clency & Richards during his inspection at
P.94 CC No.14 of 1998
Andhra Bank, Bhanur Branch. Bank has paid interest to M.K.Jani and I.M.Jani which was credited to their accounts.
I am not aware whether Vigilance Department Officers inspected Andhra Bank, Bhanur Branch prior to his visit, witness adds that prior to his visit one Inspector and another officer are deputed by Vigilance Department who visited Andhra Bank, Bhanur Branch in connection with the case. I verified the records of Bhanur Branch for about two and half months.
I have given a report in a tabular form to Vigilance Department showing the irregular transactions and the mode of transfer of amount to different account holders. One V.L.N.Murthy (expired) and T.S.N.Prasad assisted me. I was the head in the assignment out of three persons.
I did not hand over the inspection report or the documents directly to CBI, witness adds that V.L.N.Murthy was in touch with CBI and handed over the documents. I did not visit other branches like Andhra Bank, Somajiguda, Andhra Bank, Ameerpet Branch, Hyderabad.
I have no personal knowledge about the alleged irregular transactions but submitted my report basing on documents verified by me. My scope of enquiry is to know whether there were any irregularities in the bank transactions and to know how the money went out and I did not look into the issue who is reponsible for the alleged irregularities.
It is true outsiders or customers will not have any knowledge about the indoor management of the bank whether bank officials have followed the procedure or not. I subsequently came to know that A-3 is a businessman running various businesses at Hyderabad. I do not know whether A-3 has availed loans from other branches.
I cannot say whether Andhra Bank, Bhanur Branch charged bank commission, bank charges for cheques discounted and for Temporary Over Drafts allowed, charged commission on all Demand Drafts issued by the branch during the period.
It is true Andhra Bank, Bhanur Branch filed civil suit for recovery of amounts and is pending consideration and I am cited as a witness. I did not come across that A-3 has made any request for any kind of loans and advances with Andhra Bank, Bhanur Branch to extend Temporary Over Draft facility pertaining to Savings Bank Account and Current Account.
I cannot say whether A-3, A-12 to A-14 are having any Deposit Loan Accounts. It is true Andhra Bank paid interest on Fixed Deposits stands in the name of A-2 and his wife. I did not come across Ex.P724(A) to Ex.P724(C) during my inspection, but I came to know about Ex.P724(C) subsequently while working in Vigilance Department.
I am not aware whether India Exim is having account with Andhra Bank, Ameerpet Branch, outsiders are no way concerned with the
P.95 CC No.14 of 1998 internal management of the bank. A-6 and A-7 were impleaded as defendants in O.S.No.75/1998.
I did not come across any account in the name of A-9, the deposit in the name of M.K.Jani as explained in Ex.P375 was adjusted to take draft as explained in Ex.P378 by A-9. There is no specific application from A-9 to adjust some amounts from other deposits to take the Demand Draft.
PW-2 denied the suggestion that he conducted investigation in Andhra Bank, Bhanur Branch without any authority either from the Head of the Inspection Department or Vigilance Department.
PW-2 denied the suggestion that bank has paid interest on Fixed Deposits of M.K.Jani but they were shown in different manner in the records and falsely implicated A-2.
PW-2 denied the suggestion that he has not prepared any report nor submitted the same to Chief Vigilance Officer and also denied the suggestion that he has seen the letters marked as Ex.P724(A) to Ex.P724(C) during the inspection and he is giving false evidence.
Question of A-3: A-3 was under a bonafide impression that the amounts so received through proper legal banking channel is clean amount as such did not doubt the source and had no knowledge that amounts are tainted amount and that same belonged to the bank since they are transparent and borne by record and only A-3 came to know for the first time when CBI made enquiries during 1995 ?
Answer: I cannot comment on the impression of A-3 about receipt of money by him and from other concerns in which he is having interest in fraudulent acts from Andhra Bank, Bhanur Branch.
24. (i) PW-3 is the Vigilance Officer of Andhra Bank, he deposed that during
February, 1995 as per the instructions of Chief Inspector, he has inspected
Andhra Bank, Bhanur Branch, a team was deputed to conduct total audit of the branch. Audit party was instructed to find out the irregularities that occurred during the tenure of D.Narasimha Reddy/A-1, Branch Manager. He has inspected General Ledger head relating to Clean Bills Purchase and noticed irregularities like exceeding the discretionary powers of the Branch Manager and there was no prior permission or post confirmation of the Head Office, there were no instruments to purchase but the entries were made in Day Book as if some instruments were purchased and were not in Clean Bills Purchase Register
P.96 CC No.14 of 1998 with details such as date, number, amount, drawer, drawee, date of realisation, about Rs.20.00 lakhs was found under the head as „Accommodation‟.
(ii) PW-3 stated in his cross-examination that Gopala Krishna/PW-2 joined the team after four or five days of the commencement of the inspection, after his arrival the Vigilance Department has taken over the process of inspection and he knows that Vigilance Report was submitted to the Department, but he do not know the details of the report nor examined the previous inspection report of the branch. PW-3 further stated in his cross-examination that Chalapathi Rao who was the Chief Inspector has instructed him to conduct inspection, there was a prescribed procedure for Clean Bills Purchase, A-1 did not follow the same and there were two kinds of audits, the team has conducted Voucher Audit and he has not conducted Concurrent or Statutory Audit.
25. (i) PW-4 is a Grade-II Officer in Andhra Bank. In the month of February, 1995 he was summoned by the Vigilance Chief, Head Office and was asked to verify the records at Ameerpet Branch pertaining to the transactions eminated from Bhanur Branch. He and V.L.N.Murthy, Officer MM-II have verified the records of Ameerpet Branch, during verification they had to verify certain records of Somajiguda Branch and Jubilee Hills Branch and were asked to find out major transactions pertaining to Bhanur Branch carried out through Ameerpet Branch.
Ex.P147 are two Cash Remittance Vouchers for Rs.5.00 lakhs and Rs.2.00 lakhs respectively obtained by Bhanur Branch from Ameerpet Branch. Ex.P168 is the
Cash Remittance Voucher for Rs.6.30 lakhs obtained by Bhanur Branch from
Ameerpet Branch. Ex.P169 is the Demand Draft Application for Rs.1,50,000/- purchased from Ameerpet Branch. During inspection they have observed that certain cash adjustments were made and the entire cash remittance amount was not taken to Bhanur Branch.
P.97 CC No.14 of 1998
(ii) PW-4 further stated in his chief examination that he has verified
Ex.P77, Ex.P79, Ex.P82, Ex.P83, Ex.P86, Ex.P102, Ex.P103, Ex.P104, Ex.P110,
Ex.P116, Ex.P117, Ex.P128, Ex.P129, Ex.P130, Ex.P133, Ex.P138, Ex.P138-A,
Ex.P145, Ex.P146, Ex.P192, Ex.P195, Ex.P216, Ex.P217, Ex.P220, Ex.P221,
Ex.P222, Ex.P228, Ex.P229, Ex.P230, Ex.P231, Ex.P232, Ex.P233, Ex.P237,
Ex.P238, Ex.P239, Ex.P251, Ex.P265, Ex.P266, Ex.P269, Ex.P270, Ex.P272,
Ex.P273, Ex.P274, Ex.P280, Ex.P281, Ex.P292, Ex.P293, Ex.P303, Ex.P311,
Ex.P312, Ex.P318, Ex.P319, Ex.P338, Ex.P339, Ex.P368, Ex.P401, Ex.P402,
Ex.P403, Ex.P407, Ex.P455, Ex.P456, Ex.P457, Ex.P460, Ex.P461, Ex.P462,
Ex.P516 and Ex.P532 during inspection of Ameerpet Branch. D.Narasimha
Reddy/A-1, the then Manager of Bhanur Branch was the main person who went to Ameerpet Branch for cash remittance and he can identify the signatures of
D.Narasimha Reddy/A-1.
(iii) PW-4 stated in his cross-examnation that he cannot say whether bank has sustained any loss on account of deviation in cash remittance transactions obtained by Bhanur Branch, he has not verified the records of Bhanur Branch to know whether cash was remitted and accounted for, the cash obtained from
Ameerepet Branch was properly accounted for in the books of Ameerpet Branch.
Mr. Hussain was the Chief Vigilance Officer at that time.
26. (i) PW-5 is the Deputy Chief Officer, Vigilance Department of Andhra
Bank, Central Office, Hyderabad during 1995 and he deposed that A-1 has given his statement voluntarily on which he scribed his signature on the statement which is Ex.P540.
(ii) PW-5 stated in his cross-examination that Ex.P540 is addressed to
General Manager, Vigilance, Andhra Bank and it is mentioned in the exhibit that
A-1 after discussion with the Chief Vigilance Officer has given the statement,
P.98 CC No.14 of 1998
General Manager did not put his signature or initial on the statement (Ex.P540) in token of receipt of it and he was not involved in the investigation of irregularities alleged to have been committed at Bhanur Branch being taken up by Vigilance Department, Andhra Bank. PW-5 further stated in his cross- examination that he stated before investigating officer that A-1 gave Ex.P540, confessing the irregularities committed at Bhanur Branch. In Ex.P540 there is no mention that A-1 confessed irregularities committed at Bhanur Branch. A-1 has prepared Ex.P540 in the Vigilance Department but not in the room of Chief
Vigilance Officer. He do not remember the exact place at which Ex.P540 was written by A-1, but it is written in his presence.
27. (i) PW-6 worked as Sub-Manager in Andhra Bank, Bhanur Branch from 1992 to 1993 and D.Narasimha Reddy/A-1 was the Manager during that time.
He was looking after all the counters of the branch like Savings, Savings Bank,
Current Deposits, Term Deposits etc. D.Narasimha Reddy/A-1 was looking after
Foreign Exchange transactions regarding Bharat Dynamics Ltd. and balance of
Savings Bank and Current Deposit Books. Bharat Dynamics Ltd. was having account in Bhanur Branch, himself and D.Narasimha Reddy/A-1 were looking after the accounts relating to Bharat Dynamics Ltd.
(ii) PW-6 further deposed that whenever cheque is passed they have to strike out the balance, but in some cases he noticed that cheques were passed but balance was not striken out by the Branch Manager, brought to the notice of the Branch Manager. He has further noticed that in some cases there was no authorisation nor cheque and he enquired with the Branch Manager who in turn informed him that Bharat Dynamics Ltd. used to give oral instruction and basing on oral instructions their accounts have been debited, as per the procedure debiting the accounts on oral instructions is not permissible. In one or two cases
P.99 CC No.14 of 1998 of Bharat Dynamics Ltd. the transactions were not reflected in the ledger but they were directly reflected in the General Ledger. He has objected for passing the cheques in the procedure adopted by the branch, the Branch Manager informed that it was an earlier practice and nobody has raised objection.
Ex.P224 to Ex.P226 are prepared and authorised by A-1. The bank maintains
Scroll Book. The entry in Ex.P41 at page 64 for Rs.300/- dt.18.09.1992 should be reflected in the ledger of the concerned account. He never accompanied with
A-1 to Ameerpet Branch of Andhra Bank or to Currency Chest.
(iii) PW-6 stated in his cross-examination that during his tenure no inspection was carried out for Bhanur Branch, but just before his transfer to
Kurnool there was an inspection for 10 days, but he do not remember the dates.
PW-6 further stated in his cross-examination that previous inspection reports are available in the bank and he has not seen them, thereby he cannot say whether there were any comments from the inspection team for the procedure in vogue prior to his joining. He has passed Ex.P517-cheque bearing No.915428, dt.05.04.1993 for Rs.13,13,617/- vide C.D. Account No.240 after verifying the balance in the account and specimen signature of the party. PW-6 further stated in his cross-examination that he cannot say when C.D. Account No.240 was opened and he further cannot say that the account holder was interviewed by the Branch Manager or not. Ex.P316-credit voucher is authorised by A-1 and prepared by the clerk, after signing on the Demand Draft it will go to second signature of Branch Manager and from there it will go to counter for delivering the same to the party.
P.100 CC No.14 of 1998
28. (i) Self cheques and debit vouchers of B.S.Neela Kanta/A-3, Mahesh A.
Raju/A-6, Sadasiv Bhatt/A-8, D.Yugandhar/A-14, M/s. Suvarna Electronics Pvt.
Ltd. at Andhra Bank, Bhanur Branch, Medak District which are as under :
Ex.P541 is the self cheque of B.Siva Neelakanta/A-3 bearing No.201631, dt.03.04.1991 for Rs.3,50,000/- bearing Account No.824 which was passed by B.V.Rao and T.V.Rao, it was paid or adjusted as per the instructions of A-1.
Ex.P542 is the self cheque of B.Siva Neelakanta/A-3 bearing No.201633, dt.17.05.1991 for Rs.1,00,000/- bearing Account No.824, paid to A-1 and the denominations are noted on the back side of the cheque.
Ex.P543 is the self cheque of B.Siva Neelakanta/A-3 bearing No.201635, dt.01.07.1991 for Rs.1,50,000/- bearing Account No.824, cash is paid to A-1.
Ex.P544 is the self cheque of B.Siva Neelakanta/A-3 bearing No.201626, dt.08.07.1991 for Rs.2,00,000/- bearing Account No.823, cash is paid to A-1.
Ex.P545 is the self cheque of D.Yugandhar/A-14 bearing No.201638, dt.09.07.1991 for Rs.1,00,000/- bearing Account No.824, cash is paid to A-1 and T.V.Rao has passed the cheque.
Ex.P546 is the debit voucher of B.S.Neelakanta/A-3 for Account No.SB 824 for Rs.1,40,000/- passed by B.V.Rao and cash is paid to A-1.
Ex.P547 is the self cheque of B.S.Neelakanta/A-3 bearing No.201636, dt.09.08.1991 for Rs.15,000/- bearing Account No.824, cash is paid to A-1 and passed by B.V.Rao.
Ex.P548 is the self cheque of B.S.Neelakanta/A-3 bearing No.201672, dt.12.08.1991 for Rs.26,000/- bearing Account No.824, passed by A-1 and adjusted as per his instructions.
Ex.P549 is the debit voucher dt.14.08.1991 for Account No.SB 824 for Rs.20,000/- passed by B.V.Rao and cash is paid to A-1.
Ex.P550 is the debit voucher of B.Siva Neelakanta/A-3 dt.13.12.1991 for Account No.SB 824 for Rs.10,00,000/- which is written and passed by A-1 and cash is paid to him/A-1.
Ex.P551 is the debit voucher dt.01.07.1991 for Account No.SB 824 for Rs.1,50,000/- passed by B.V.Rao and T.V.Rao, cash is paid to A-1.
Ex.P552 is the debit voucher dt.01.07.1991 for Account No.SB 824 for Rs.7,000/- passed by B.V.Rao and T.V.Rao, cash is paid to A-1.
P.101 CC No.14 of 1998 Ex.P553 is the self cheque of D.Yugandhar/A-14 bearing No.0460683, dt.05.04.1991 for Rs.2,00,000/- bearing Account No.823, passed by B.V.Rao and T.V.Rao, cash is paid to A-1.
Ex.P554 is the self cheque of D.Yugandhar/A-14 bearing No.201623, dt.11.05.1991 for Rs.3,04,000/- bearing Account No.823, passed by T.V.Rao, cash is paid to A-1.
Ex.P555 is the self cheque of D.Yugandhar/A-14 bearing No.201624, dt.08.06.1991 for Rs.3,00,000/- bearing Account No.823, passed by B.V.Rao, cash is paid to A-1.
Ex.P556 is the self cheque of D.Yugandhar/A-14 bearing No.201625, dt.04.07.1991 for Rs.3,00,000/- bearing Account No.823, passed by B.V.Rao, cash is paid to A-1.
Ex.P557 is the self cheque of D.Yugandhar/A-14 bearing No.201628, dt.31.07.1991 for Rs.1,00,000/- bearing Account No.823, passed by B.V.Rao and T.V.Rao, cash is paid to A-1.
Ex.P558 is the debit voucher dt.19.07.1991 for Account No.SB 804 for Rs.18,000/- passed by B.V.Rao, cash is paid to A-1.
Ex.P559 is the debit voucher of Sadasiv Bhatt/A-8 dt.30.07.1991 for Account No.SB 804 for Rs.10,000/- passed by B.V.Rao and cash is paid to A-1.
Ex.P560 is the self cheque drawn by Mahesh A. Raju/A-6 as Managing Director of M/s. Suvarna Electronics Pvt. Ltd. bearing No.203185, dt.12.04.1991 for Rs.70,000/- bearing Account No.194, passed by B.V.Rao and cash is paid to A-1.
Ex.P561 is the self cheque of Mahesh A. Raju/A-6 bearing No.203186, dt.15.04.1991 for Rs.50,000/- bearing Account No.194, passed by T.V.Rao and cash is paid to A-1.
Ex.P562 is the self cheque drawn by Mahesh A. Raju/A-6 as Managing Director of M/s. Suvarna Electronics Pvt. Ltd. bearing No.203191, dt.23.04.1991 for Rs.1,28,000/- bearing Account No.194, passed by T.V.Rao, cash is paid to A-1 and balance is adjusted.
Ex.P563 is the debit voucher dt.20.06.1991 for C.D. Account No.194 for Rs.60,000/- passed by B.V.Rao and cash is paid to A-1.
Ex.P564 is the self cheque drawn by Mahesh A. Raju/A-6 as Managing Director of M/s. Suvarna Electronics Pvt. Ltd. bearing No.204877, dt.22.06.1991 for Rs.30,000/- bearing Account No.194, passed by B.V.Rao, cash is paid to A-1.
Ex.P565 is the debit voucher dt.09.07.1991 for C.D. Account No.194 for Rs.2,00,000/- passed by T.V.Rao and cash is paid to A-1.
P.102 CC No.14 of 1998 Ex.P566 is the debit voucher dt.11.09.1991 for C.D. Account No.194 for Rs.5,00,000/- passed by A-1 and cash is paid to A-1.
Ex.P567 is the debit voucher of M/s. Suvarna Electronics Pvt. Ltd. dt.14.09.1991 for C.D. Account No.194 for Rs.36,000/- passed by A-1 and cash is paid to him/A-1.
Ex.P568 is the self cheque of Mahesh A. Raju/A-6 bearing No.0464235, dt.23.04.1991 for Rs.1,19,210/- bearing Account No.704, passed by B.V.Rao and T.V.Rao, cash is paid to A-1.
Ex.P569 is the debit voucher dt.01.07.1991 for S.B. Account No.705 for Rs.2,50,000/- passed by B.V.Rao and T.V.Rao and cash is paid to A-1.
Ex.P570 is the self cheque of Mahesh A. Raju/A-6 bearing No.0464240, dt.05.07.1991 for Rs.1,15,000/- bearing Account No.704, passed by B.V.Rao and cash is paid to A-1.
Ex.P571 is the self cheque of Mahesh A. Raju/A-6 bearing No.204344, dt.08.08.1991 for Rs.25,000/- bearing Account No.704, passed by B.V.Rao and cash is paid to A-1.
Ex.P572 is the self cheque of Mahesh A. Raju/A-6 bearing No.204345, dt.12.08.1991 for Rs.3,000/- bearing Account No.704, passed by B.V.Rao and cash is paid to A-1.
Ex.P573 is the debit voucher of Mahesh A. Raju/A-6 dt.20.08.1991 for Account No.SB 704 for Rs.3,00,000/- passed by B.V.Rao, cash is paid to A-1.
(ii) PW-7 worked as Cashier in Andhra Bank, Bhanur Branch from 1988 to 1995, his nature of duties are receiving cash, paying cash, preparing statements for Head Office Account and other works entrusted by superiors. D.Narasimha
Reddy/A-1 was the Branch Manager from 1990 to 1995. B.Venkateswara Rao/
A-24 was Sub-Manager and T.Venkat Rao/A-25 was officer during the period.
A-1 was irregular to the branch, Sub-Manager and other officers used to look after the branch in absence of A-1. A-1 used to bring cash remittance from
Ameerpet and other city branches, some times A-1 used to ask other subordinates to accompany him for cash remittance. A-1 used to remit entire amount on some occasions and used to remit part or give adjustment vouchers for the remittance amount. Account holders in the branch are city based
P.103 CC No.14 of 1998 persons, they are M.K.Jani/A-2, B.S.Neelakanta/A-3, Mahesh A. Raju/A-6,
Sadasiv Bhatt/A-8, A.V.K.Raju/ A-11, M.R.K.Reddy, which were brought to
Bhanur Branch and they never came to Andhra Bank, Bhanur Branch. A-1 used to withdraw cash and remit cash, on behalf of B.S.Neelakanta/A-3, Mahesh A.
Raju/A-6 and A.V.K.Raju/A-11 and he can identify the above account holders and he paid cash to A-1 under Ex.P136. All the payments were made to A-1 and adjustments were made on his instructions and also spoke about Ex.P541 to
Ex.P573.
(iii) PW-7 in his cross-examination stated that on all the cheques referred in the chief examination respective account holders have signed on the back side of the cheques. Ex.P541 to Ex.P545, Ex.P547, Ex.P548, Ex.P554, Ex.P555 and
Ex.P557 do not contain the token numbers issued by the bank, cheques will come to the Cashier after they are passed by the competent officer. PW-7 further stated in his cross-examination that on most of the occasions cash was taken by A-1 from the cash table directly, on some occasions cash was sent to him/A-1 through Attender and all the cheques were not loose leaf but were issued to account holders in book form. PW-7 further stated in his cross- examination that Ex.P562 and Ex.P568 do not bear the signature of anyone on the reverse of the cheques, during his tenure there were inspections in the branch and he did not bring it to the notice of the inspecting staff that huge amounts are paid to A-1 on behalf of the customers.
29. PW-8 worked as officer in Andhra Bank, Bhanur Branch during 1993 to 1995. Narasimha Reddy/A-1 was the Branch Manager during the above said period and he can identify the handwritings, initials and signatures of A-1.
Ex.P409, Ex.P413, Ex.P417, Ex.P429, Ex.P440 and Ex.P497 are the Demand Draft applications which are in the handwriting of A-1. Ex.P414, Ex.P430, Ex.P441,
P.104 CC No.14 of 1998
Ex.P551 and Ex.P552 bears his signature, after signing on the above Demand
Drafts he handed over them to A-1, he has not taken any acknowledgment from
A-1 as he is the Branch Manager. He has passed Ex.P450-debit voucher on the instructions of A-1 and handed over the same to him, during that time the account holders i.e. M.R.K.Reddy, A.V.K.Raju/A-11, B.S.Neelakanta/A-3 were not present. Ex.P199 and Ex.P200 bears the signature of M.R.K.Reddy on its back side. Ex.P483 to Ex.P485-Demand Draft applications bears the signatures of
A.V.K.Raju. He passed Ex.P391-credit voucher on the instructions of A-1 and it contains the initial of the Manager. Ex.P119 and Ex.P505-cheques bears the signatures of A.V.K.Raju/A-11. In his cross-examination he stated that Demand
Drafts were collected by A-1 personally.
30. (i) PW-9 worked as Clerk-cum-Cashier on deputation in Andhra Bank,
Bhanur Branch during March, 1993, at that time D.Narasimha Reddy/A-1 was the
Branch Manager. He has handled Ex.P300 to Ex.P305, he has adjusted Rs.24.00 lakhs covered by Ex.P300 and the balance amount of Rs.83,730/- was paid to the Branch Manager and he never saw the purchasers of the Demand Drafts or the beneficiaries of the deposit holders.
(ii) PW-9 during the course of his cross-examination stated that there is no endorsement on the reverse of Ex.P300 to show that Rs.83,730/- was paid to
A-1 and the entry relating to the above money was in the deposit holder‟s account and has adjusted the amounts on the instructions of A-1.
31. (i) Account opening forms of M/s. Amogh Business Links, M/s. Amogh
Constructions Ltd. and Savings Bank statement of B.S.Neelakanta/A-3, which are as under :
Ex.P574 is the Current Account opening form of M/s. Amogh Business Links dt.11.06.1994, which is a partnership firm and the partners are
P.105 CC No.14 of 1998
B.S.Neelakanta/A-3, B.Naganna/A-5, D.Tulasi/A-15 of The Federal Bank and the account number allotted is C.D.No.271.
Ex.P575 is the statement of account of B.S.Neelakanta/A-3 of The Federal Bank Ltd., Lakdikapool Branch bearing S.B. Account No.1403.
Ex.P576 is the Current Account opening form of M/s. Amogh Constructions Ltd. dt.15.10.1994 at The Federal Bank, Lakdikapool Branch, B.S.Neelakanta/A-3 is the Director of the company. The account number allotted by the bank is 301/7. (On perusal of the document Exhibit number is given to the resolution copy of Amogh Constructions Ltd. to which Current Account opening form is enclosed. Current Account opening form will be referred further in the judgment.) Ex.P741 is the letter addressed by C.P.Sashidharan, Manager, Federal Bank, Lakdikapool Branch dt.15.12.1995 to the Inspector of Police, CBI, Hyderabad enclosing the certified copies of vouchers relating to C.D. Account No.271 (M/s. Amogh Business Links, 18 vouchers), C.D. Account No.301 (M/s. Amogh Constructions Ltd., 10 vouchers), Savings Bank Account of B.S.Neelakanta/A-3 vide No.1403, 14 vouchers.
Ex.P742 is the certified copy of statement of account of M/s. Amogh Business Links bearing C.D. Account No.271 (the amount reflected in the account is Rs.41,14,493/-).
(ii) PW-10 worked as Assistant Manager, Federal Bank Ltd., Lakdikapool
Branch from January, 1993 to May, 1996 and was looking after Deposit Section.
Ex.P499 to Ex.P502 are the Demand Drafts issued by Andhra Bank, Bhanur
Branch drawn on Andhra Bank, Hyderabad Branch in the name of Madhusudan
K. Jani/A-2 and they are open instruments, they were endorsed by A-2 in favour of M/s. Amogh Business Links, B.S.Neelakanta/A-3 has endorsed on the instrument with a request to credit the proceeds to their account and the amounts will automatically go to the credit of M/s. Amogh Business Links account and he also spoke about Ex.P574 to Ex.P576 and Ex.P741 and Ex.P742.
(iii) PW-10 in his cross-examination stated that he do not know who has drawn Ex.P499 to Ex.P502-Demand Drafts in favour of Madhusudan K. Jani/A-2 at Andhra Bank, Bhanur Branch and he cannot identify the signatures of
Madhusudan K. Jani/A-2 on the reverse of withdrawals, since the Demand Drafts
P.106 CC No.14 of 1998 are open DDs, they can be transferred to anyone and without seeing the accounts he cannot say about the other transactions that took place in the account. He further stated in the crosss-examination that he cannot say who was authorised to operate Account No.271 of M/s. Amogh Business Links (Ex.P574).
32. PW-11 worked as officer in Andhra Bank, Somajiguda Branch from May, 1992 to August, 1997 and he was looking after the Current Accounts and Over
Drafts in Cash Credits, Ex.P514-Demand Draft dt.14.10.1993 bears his signature in token of handling it. In his cross-examination he stated that Ex.P514 is issued by Andhra Bank, Bhanur Branch and he cannot say who has obtained it and
Ex.P514 is authorising that the amount is to be paid to M/s. Neelakanta
Enterprises. B.S.Neelakanta/A-3 has identified the signature of M.K.Jani/A-2 and
Ex.P514 was brought to him by B.S.Neelakanta/A-3. PW-11 denied the suggestion that he casually transferred the amount since Neelakanta/A-3 happens to be the landlord.
33. PW-12 worked as Deputy Chief Manager, Deposits, at Bank of India,
Nampally, Hyderabad, subsequently he was transferred to Regional Office,
Hyderabad as Deputy Chief Officer. Advocates on record have reported no cross-examination.
34. (i) Account opening forms of M/s. Urvasi Enterprises, Partnership Deed and statement of account, which are as under :
Ex.P729 is the certified copy of account opening form submitted to Andhra Bank, Somajiguda Branch by M/s. Urvasi Enterprises represented by its partners B.Lakshmi Devi, B.Siva Neelakanta/A-3 dt.20.12.1990. The account number allotted by the bank is 1525.
Ex.P730 is the certified copy of Partnership Deed of M/s. Urvasi Enterprises, dt.25.10.1990 by its partners B.Lakshmi Devi, B.Siva Neelakanta/A-3.
P.107 CC No.14 of 1998 Ex.P731 is the certified copy of statement of ledger of M/s. Urvasi Enterprises bearing Account No.1525.
Ex.P732 is the certified copies of specimen signature cards of B.Lakshmi Devi and B.S.Neelakanta/A-3 of Account No.1525.
(ii) PW-13 worked as Manager, Andhra Bank, Somajiguda Branch from 1993 to 1996. B.S.Neelakanta/A-3 was the proprietor of Urvasi Hotels and was the landlord of the building in which Somajiguda Branch was located and he was holding an account in the branch and he can identify his handwriting and signatures to the extent possible. Ex.P516-Demand Draft, dt.18.01.1993 for
Rs.7,95,000/- was paid by him across the counter which also bears the signature of B.S.Neelakanta/A-3. The instrument was brought by B.S.Neelakanta/A-3 or his staff and he do not know any person by name M.K.Jani/A-2.
(iii) PW-13 stated in his cross-examination that B.S.Neelakanta/A-3 has brought Ex.P516-Demand Draft to the bank and he has not seen the bearer of the Demand Draft and he cannot identify the signature. PW-13 further stated in his cross-examination that rules permit to pay the amount covered by the
Demand Draft to a third party provided he is properly identified, in this case since B.S.Neelakanta/A-3 was the landlord and account holder, on his identification the amount covered under the instrument is paid.
B.S.Neelakanta/A-3 has not produced any authorisation letter from the bearer.
PW-13 further stated in his cross-examination that he did not work in Andhra
Bank, Somajiguda Branch during the period of Ex.P729 to Ex.P732, the certificate on Ex.P729 to Ex.P732 is blank with regard to the account number and the name of the account holder and they do not bear any date, the account covered under
Ex.P732 was not opened during his tenure in Andhra Bank, Somajiguda Branch.
He further stated in his cross-examination that he cannot identify the signatures of all the account holders and he has no personal knowledge regarding the
P.108 CC No.14 of 1998 persons who were receiving cash across the counter. PW-13 denied the suggestion that he identified the signatures of Lakshmi Devi, Neelakanta on
Ex.P729 to Ex.P732 and the signatuares of B.S.Neelakanta/A-3 on Ex.P516 at the instance of CBI.
35. (i) PW-14 worked in Bharat Dynamics Ltd., Hyderabad as Senior
Manager – Finance during the middle of 1994 till April, 2003 and they have transactions in Current Account. Divisional Finance Accounts are controlled by
Central Cash Management System at corporate level and the surplus funds will be placed in short term deposits to meet day-to-day requirements. Bhanur unit is having Current Account with Andhra Bank, Bhanur whose transactions are centrally managed by Corporate Finance on day-to-day basis. Bharat Dynamics
Ltd. also maintains Current Accounts with State Bank of India, Chandrayangutta and Canara Bank, Kanchanbagh.
(ii) PW-14 further stated in his chief examination that Bhanur unit is not authorised to take any loans against the deposits and they do not have details regarding the loans drawn against the deposits. Bhanur unit is exclusively manufacturing missiles against the collaboration agreements signed by
Government of India with the then Russian Government. The Government of
Russia has extended deferred credit ranging from 10 years to 45 years against which Bharat Dynamics Ltd. has been repaying the principal amount and interest. GTD payments will be authorised by Director, Finance through
Divisional Finance Accounts which will be routed through Andhra Bank, Bhanur
Branch.
(iii) PW-14 in his cross-examination stated that the deposit loans if any drawn by Corporate Finance against the Fixed Deposits are placed with Andhra
P.109 CC No.14 of 1998
Bank, Bhanur Branch, such details will not be available with Bharat Dynamics
Ltd., Bhanur unit.
36. (i) Account opening form and statements of B.S.Neelakanta/A-3,
M/s. Amogh Business Links, M/s. Urvasi Travels, M/s. Amogh Wines, which are as under :
Ex.P577 is the true copy of personal account opening form/specimen signature card of B.S.Neelakanta/A-3 of Bank of Baroda, Masabtank Branch, Hyderabad. The account number allotted by the bank is 4902.
Ex.P578 is the certified copy of statement of personal account of B.S.Neelakanta/A-3 bearing Account No.4902 from 10.12.1994 to 13.02.1995.
Ex.P579 is the true copy of Current Account opening form/specimen signature card of M/s. Amogh Business Links, dt.24.06.1994 of Bank of Baroda, Masabtank Branch, Hyderabad, the partners are B.S.Neelakanta/A-3, B.Naganna/A-5 and D.Tulasi/A-15. The bank has allotted Account No.1193.
Ex.P580 is the true copy of Current Account opening form/specimen signature card of M/s. Urvasi Travels, dt.24.06.1994 and the proprietor is B.Nagaraj/A-13, opened at Bank of Baroda, Masabtank Branch, Hyderabad. The account number allotted by the bank is 1194.
Ex.P581 is the statement of account of M/s. Urvasi Travels from 25.06.1994 to 14.11.1994.
Ex.P582 is the true copy of statement of account of B.S.Neelakan/A-3 vide S.B. Account No.1743 of Bank of Baroda, Masabtank Branch, Hyderabad from 29.03.1993 to 24.06.1993.
Ex.P583 is the true copy of pay-in-slip for Rs.12.00 lakhs, dt.23.06.1993 of B.S.Neelakanta/A-3 of S.B. Account No.1743 of Bank of Baroda, Masabtank Branch, Hyderabad.
Ex.P584 is the true copy of cash credit opening form of M/s. Amogh Wines and the proprietor is B.Sivakumar/A-12 bearing Account No.
CC 10059 of Bank of Baroda, Masabtank Branch, Hyderabad.
Ex.P585 is the true copy of account statement of M/s. Amogh Wines from 14.07.1994 bearing C.C. Account No.10059 of Bank of Baroda, Masabtank Branch, Hyderabad.
(ii) PW-15 worked as Senior Branch Manager, Bank of Baroda, Masabtank
Branch, Hyderabad from June, 1991 to June, 1995, during that time Masabtank
P.110 CC No.14 of 1998
Branch was a medium size branch and he deposed about Ex.P577 to Ex.P585.
B.Sivakumar/A-12 and B.Nagaraj/A-13 are the partners in M/s. Tipsy Wines and they opened Current Account in the branch. B.S.Neelakanta/A-3 had few accounts in the branch. In his cross-examination he stated that for Account
No.1193 of M/s. Amogh Business Links the operation instructions are that the accounts will be operated by B.S.Neelakanta/A-3, Managing Partner and he further stated that he cannot give the names of the account holders or account number out of his memory and he cannot identify all the account holders during 1991 to June, 1995. PW-15 admitted that Ex.P577 to Ex.P585 are not
originals or certified copies as required under Bankers Book Evidence
Act.
37. (i) Ex.P727 is the certified copy of plaint in O.S.No.318/2001 on the file of
III Additional Chief Judge, City Civil Court, Hyderabad filed by Madhusudan K.
Jani/A-2, M/s. Jani Clency and Richards against D.Narasimha Reddy/A-1,
B.S.Neelakanta/A-3, Sadasiv Bhatt/A-8, Andhra Bank, Bhanur Branch for recovery of Rs.51,84,850/-. Ex.P728 is the certified copy of plaint in
O.S.No.280/2002 (Old No.1233/1997) on the file of III Additional Chief Judge,
City Civil Court, Hyderabad filed by Smt. Indumati Jani against D.Narasimha
Reddy/A-1, B.S.Neelakanta/A-3, Sadasiv Bhatt/A-8, Andhra Bank, Bhanur Branch for recovery of Rs.71,22,025/-.
(ii) PW-16 worked as Branch Manager, Andhra Bank, Bhanur Branch for three years from April, 1995. D.N.Reddy/A-1 was the previous Manager of the
Branch who was under suspension by the date of his taking charge. B.V.Rao/
A-24 worked as officer and T.V.Rao/A-25 worked as Rural Agriculture Officer in
Andhra Bank, Bhanur Branch. He has re-written the ledgers of Fixed Deposits,
KTDs, Deposit Loans and Current Accounts in new ledger to run the business as
P.111 CC No.14 of 1998 old ledgers are handed over to Inspection Department and he spoke about
Ex.P727 and Ex.P728.
(iii) In his cross-examination he stated that he has no personal knowledge about the bank transactions conducted by Madhusudan K. Jani/A-2 and he cannot identify the signatures of A-2. The account of M.K.Jani/A-2 was closed
before he joined Bhanur Branch. PW-16 further stated in his cross-examination
that CBI was not conducting any enquiry about the transactions of the branch, but the Inspection Department was conducting enquiry about the affairs of the branch. PW-16 admitted that the suits covered under Ex.P727 and Ex.P728 are prior to the suit instituted by the bank. PW-16 further stated in his cross- examination that he is not aware of the evidence given by Gopala Krishna that the bank is willing to pay the amounts to Madhusudan K. Jani/A-2 and Indumati
Jani due to them and there are documents to show that the transfer of amount of Rs.71.00 lakhs and Rs.58.00 lakhs from Mumbai bank to Andhra Bank, Bhanur
Branch.
38. PW-17 worked as Assistant Manager in Andhra Bank, Ameerpet Branch during the years 1990-91. Ex.P402-Branch Advice was received by him from
Bhanur Branch on 26.10.1991 to credit Rs.1,50,000/- to C.D. Account No.511 maintained at Ameerpet Branch in the name of M/s. A.V.K.Raju & Co., accordingly he has credited the above said amount as per the Advice and he has prepared Ex.P403-credit voucher which bears his signature. Accused counsels have reported no cross-examination.
39. (i) PW-18 worked as clerk in Andhra Bank, Bhanur Branch from August, 1992 to August, 1995 and he used to deal with Day Book, General Ledger,
General Ledger Balance, Bills and miscellaneous works. D.Narasimha Reddy/A-1 was the Manager of the branch during his period. Ex.P300 is the debit voucher,
P.112 CC No.14 of 1998 dt.13.03.1993 which is scribed by him, bears the signature of D.Narasimha
Reddy/A-1 which stands in the joint names of Indumati Jani and Madhusudan K.
Jani/A-2. Earlier the above persons have availed loan of Rs.20.00 lakhs against the deposit. Ex.P301 is the credit voucher which bears his handwriting and the signature of A-1. Under Ex.P300, Rs.24.00 lakhs loan was availed by Indumati
Jani and Madhusudan K. Jani/A-2, the balance due in the earlier transaction of
Rs.20.00 lakhs was adjusted and the balance was transacted by A-1, he has prepared Ex.P300 and Ex.P301 on the instructions of D.Narasimha Reddy/A-1.
(ii) PW-18 further stated in his chief examination that Ex.P301 is prepared with the help of Discharge Deposit Receipt for Rs.20.00 lakhs loan. M.K.Jani/A-2 was not present while he was preparing Ex.P300 and Ex.P301 as Jani/A-2 was with D.Narasimha Reddy/A-1. The transactions covered by Ex.P300 and Ex.P301 are noted in Ex.P32 at page 141, which are not in his writing. Loans sanctioned on security of Fixed Deposits or Term Deposits will be entered in Ex.P8-Deposit
Loan Register. Ex.P8 does not contain page Nos.211 and 212. The entries relating to Loan Account No.150/92-93 of Indumati Jani and M.K.Jani/A-2 in
Ex.P8 at page 193 are in his writing. Rs.6,50,000/- loan was sanctioned on deposit of Rs.40.00 lakhs. Ex.P9-Deposit Loan Register contains the loan transactions of Account No.48/93 in the name of M.K.Jani/A-2, against the Fixed
Deposit of Rs.16,54,400/-, loan of Rs.3.00 lakhs was granted on 04.10.1993, the entries in page No.11 of Ex.P9 are in his writing.
(iii) PW-18 in his cross-examination stated that he do not know
M.K.Jani/A-2 personally and he came to know about his name through one of the officers of the bank. M.K.Jani/A-2 did not sign any papers in his presence and
M.K.Jani/A-2 has signed in one of the documents prepared by him. PW-18 denied the suggestion that he prepared Ex.P300 and Ex.P301 on the instructions of A-1 as he has personal relationship with him.
P.113 CC No.14 of 1998
40. PW-19 deposed that he is in construction business and the name and style of his business is My Home Constructions Pvt. Ltd. He has business and personal accounts in Andhra Bank, Ameerpet Branch and he knows D.N.Reddy/A-1. In the year 1991, the then Branch Manager of the bank by name Rami Reddy told him that Narasimha Reddy/A-1 requested for deposit of Rs.2.00 lakhs and Rami
Reddy has requested him to accommodate the amount, then he instructed Rami
Reddy to transfer Rs.2.00 lakhs from his account to the account of A-1 at Bhanur
Branch, after two months the above said amount was re-transmitted to his account. In the year 1992, A-1 has purchased a flat in the name of his daughter by name Madhuri for Rs.4.00 lakhs and odd, out of the above said amount A-1 has given Demand Draft for Rs.3.00 lakhs and rest of the amount is paid in cash.
As per the records, possession of the flat is delivered to the daughter of A-1.
Accused counsels have reported no cross-examination.
41. (i) PW-20/K.Ashok is a businessman. Jagadishwar Yadav is his elder brother who worked in Andhra Bank, through his brother he knows Narasimha
Reddy/A-1. His father has let out a portion of residential house to M/s. Sai
Enterprises which was manufacturing television cabinets and they used to supply to M/s. Suvarna Electronics, M/s. Sai Enterprises, which were looked after by
Dhanalakshmi, Jagadishwar and Narasimha Reddy. His father had a Fixed
Deposit of Rs.1.00 lakh in Dena Bank, Saroornagar Branch and himself and his wife had Fixed Deposit of Rs.1.00 lakh in the same bank in joint names. On the request of Dhanalakshmi he had taken loan of Rs.1,50,000/- from Fixed Deposit and gave hand loan to Dhanalakshmi, the loan was repaid by M/s. Sai
Enterprises through a cheque. Dhanalakshmi has given him a Demand Draft in his favour for Rs.3.00 lakhs to appropriate the amount due to him and pay back
P.114 CC No.14 of 1998 the balance amount, he had cleared the loan obtained by him on the Fixed
Deposit.
(ii) PW-20 stated in his cross-examination that M/s. Sai Enterprises used to pay the rent to his father and the partners of the business are Dhanalakshmi,
Jagadishwar and Narasimha Reddy. Dhanalakshmi is the wife of Jagadishwar and he has not seen the Partnership Deed of M/s. Sai Enterprises and he do not have idea that wife of Narasimha Reddy is also a partner of M/s. Sai Enterprises, the Demand Draft for Rs.3.00 lakhs given by Dhanalakshmi is in his name, is encashed and credited to his account in Dena Bank.
42. PW-21 is an agriculturist and resident of Bhanur, Medak District and he knows how to sign in Telugu language, holds an account in Andhra Bank, Bhanur
Branch since 9 years and used to borrow the loans from the bank for argiculture purpose and repay them. He knows D.N.Reddy/A-1, identified the accused sitting in the dock. He further stated that he never applied for any share in
M/s. Prime Pharmatech India Ltd. and the signature appearing in Form No.138 does not belong to him and he cannot say the handwriting to whom it belongs to, there are number of persons in the village by name Venkat Reddy. All the accused counsels have reported no cross-examination.
43. (i) PW-22 is a part-time Chartered Accountant in M/s. Jani Clency and
Richards, Mumbai and the firm was dealing with Marine Claim Insurance
Consultancy, technically the said firm is average adjuster. M.K.Jani/A-2 was the proprietor of the firm and he is not aware whether Jani was authorised to transfer the amount to anybody other than claimant of cash deposit and he did not come across any transactions of M/s. Jani Clency and Richards with Andhra
Bank, Bhanur Branch or any other branch of Andhra Bank in Andhra Pradesh.
P.115 CC No.14 of 1998
He has dealt the bank transactions with Indian Overseas Bank, Central Bank of
India, Mumbai Branches.
(ii) PW-22 stated in his cross-examination that M.K.Jani/A-2 is having deposits in banks in Mumbai in his personal name and they are mentioned in the accounts written by him, he is not aware whether Jani was having deposits in any other banks other than Mumbai and about his taking loans on such deposits.
44. PW-23 is the Real Estate Businessman at Hyderabad, during 1989 to 1993 he was associated with Sri Lakshmi Saraswati Paper Mills (SLSP Mills), Hyderabad as Liaisoning Officer. M.R.K.Reddy is the Managing Director of SLSP Mills, in the year 1992 or 1993 the mill became sick industry. SLSP Mills own‟s him some money in respect of retainership and supply of coal to the mill which was procured by him from various dealers. A Demand Draft for Rs.1.5 lakhs was given to him by SLSP Mills towards dues of coal supply to be paid to the dealers.
He has encashed the Demand Draft by tendering at Indian Overseas Bank,
Adarshnagar Branch, Hyderabad. Accused counsels have reported no cross- examination.
45. PW-24 worked as Sarpanch of Shankarpally for a period of 5 years till 2002, prior thereto he was Upa Sarpanch of village for 5 years and he knows all the villagers, there is no person in the village by name S.Rajaiah as an agriculturist. Shankarpally is a Mandal Headquarter and there are door numbers and street names in the village. In his cross-examination he stated that he do not know any persons who comes to the village and stays in their relatives‟ house for few days.
46. PW-25 is the Delivery Agent in Postal Department at Bhanur and he has been living at Bhanur since his birth, he knows all the persons residing in the
P.116 CC No.14 of 1998 village. One person by name Cherlagudem Venkat Reddy S/o. Kista Reddy, contractor was there in the village. Another person by name Chintalacheruvu
Venkat Reddy, agriculturist was also there in the village and he died about 6 or 7 years back. Accused counsels have reported no cross-examination.
47. (i) PW-26 worked as Deputy General Manager, Finance at Bharat
Dynamics Ltd. from 1993 to 1995. Himself, Satyanand Rao, E.V.Prasad,
Satyanarayana and General Manager of the unit were authorised signatories for banking transactions. Andhra Bank was the banker for M/s. Bharat Dynamics
Ltd. and they had officials dealings with Andhra Bank, Bhanur Branch during the above said period. Bharat Dynamics Ltd. used to draw cash from Andhra Bank,
Bhanur Branch through cheques to attend the daily needs and they used to obtain periodical bank statement for reconciliation of the transactions with the bank and to reconcile with Cash Book and Bank Book maintained by Bharat
Dynamics Ltd., Bhanur. D.Narasimha Reddy/A-1 was the Branch Manager of
Andhra Bank, Bhanur and he has identified A-1 in the Court Hall. Bharat
Dynamics Ltd. Corporate Office at Hyderabad is having an Investment
Committee comprising of V.S.Murthy, Director, Finance, B.V.Krishna Murthy,
Senior Manager / Deputy General Manager, Finance and CMD and Director (Technical). The committee used to take decisions on matters relating to deposits and Term Loans etc.
(ii) PW-26 in his cross-examination stated that the Bank Reconciliation
Statement prepared by Finance Department of Bharat Dynamics Ltd., Bhanur with reference to the bank statements furnished by Andhra Bank, Bhanur and
Cash Book, Bank Book maintained by Bharat Dynamics Ltd., Bhanur never revealed any abnormalities and the transactions were found in order. PW-26 admitted that Bharat Dynamics Ltd., Hyderabad used to keep deposits of funds
P.117 CC No.14 of 1998 with Andhra Bank. He do not remember that Bharat Dynamics Ltd., Hyderabad did draw any deposits.
48. (i) Ex.P586 is the receipt memo given by P.Surya Prakash/PW-27 to
Inspector of Police, CBI handing over two Cash Books, one xerox copy of
Partnership Deed of M/s. Bhavani & Company and one xerox copy of
Sub-Partnership Deed.
(ii) PW-27 is one of the partner in M/s. Bhavani & Company during 1992-93 and used to carry on arrack business with A.V.Narayan Reddy, Venkat
Rama Reddy, A.Srinivasa Reddy S/o. Balreddy. They used to do business in and around Nizamabad, Armur, Bodhan. During 1992-93 the bid amount was Rs.1.4 crores and they used to pay the amount by way of Demand Drafts. A.V.Narayan
Reddy gave three Demand Drafts for total amount of Rs.15.00 lakhs and he has handed over the documents covered by Ex.P586 which bears his signature. The
Cash Book contains the business transactions of M/s. Bhavani & Company.
Accused counsels reported no cross-examination.
49. (i) Share certificates of S.Rajaiah, Ch.Venkat Reddy, V.V.Nalinidhar/A-22, which are as under :
Ex.P587 are the share certificates standing in the name of S.Rajaiah from Sl.No.6906 to 7105, two hundred share certificates of 100 shares each totaling 20,000, face value of Rs.10/- each, amounting to Rs.2.00 lakhs issued by the Managing Director of M/s. Prime Pharmaceutical India Ltd.
Ex.P588 eight envelops which are meant to contain 25 share certificates for despatch to S.Rajaiah and the covers contain the residential address.
Ex.P589 are the share certificates standing in the name of Ch.Venkat Reddy from Sl.No.7951 to 8150, two hundred share certificates of 100 shares each totaling 20,000, face value of Rs.10/- each, amounting to Rs.2.00 lakhs issued by the Managing Director of M/s. Prime Pharmaceutical India Ltd.
P.118 CC No.14 of 1998 Ex.P590 eight envelops which are meant to contain 25 share certificates for despatch to Ch.Venkat Reddy and the covers contain the residential address.
Ex.P591 are the share certificates standing in the name of V.V.Nalinidhar/A-22 from Sl.No.6181 to 6380, two hundred share certificates of 100 shares each totaling 20,000, face value of Rs.10/- each, amounting to Rs.2.00 lakhs issued by the Managing Director of M/s. Prime Pharmaceutical India Ltd.
Ex.P592 eight envelops which are meant to contain 25 share certificates for despatch to V.V.Nalinidhar/A-22 and the covers contain the residential address.
Ex.P593 is the letter dt.04.12.1995 addressed by Kajal Ghosh/PW-27 to Inspector of Police, CBI, Hyderabad, producing the documents i.e. share certificates of S.Rajaiah, Ch.Venkat Reddy, V.V.Nalinidhar/A-22.
Ex.P594 is the Cash Book of M/s. Prime Pharmatech India Ltd. from 11.09.1993 to 31.03.1994.
(ii) PW-28 was the Managing Director of M/s. Prime Pharmatech India Ltd.
from February, 1992 to May, 2005. The company was deemed Public Limited
Company but never made public issue of shares. He knows Sadasiv Bhatt/A-8 who was his neighbour at Vikrampuri Colony, Secunderabad, also knows
Narasimha Reddy/A-1, Branch Manager, Andhra Bank, Bhanur Branch and he has identified A-1 in the Court Hall. The company was mobilising funds for private placements and they used to approach prospective investors. A-1 has offered to mobilise some private placements of shares, in that connection he has received three Demand Drafts from A-1 for Rs.2.00 lakhs each in the name of the company. Ex.P414 and Ex.P430 are the Demand Drafts. Ex.P409 and Ex.P429 are the applications for Demand Drafts which are in his handwriting, he filled them at the instance of A-1 by leaving the applicant‟s name for issuance of share certificates in blank. The share application forms were later filled up and given to the company, on which they issued shares i.e. Ex.P587, Ex.P589 and Ex.P591 and he also spoke about Ex.P588, Ex.P590, Ex.P592, Ex.P593 and Ex.P594.
P.119 CC No.14 of 1998
(iii) PW-28 further deposed that in page 473 of Ex.P594 an entry is made to the effect that the company has received Rs.2.00 lakhs through Narasimha
Reddy/A-1 in the account of V.V.Nalinidhar/A-22 as share application amount vide D.D. No.557433, dt.10.01.1994. In page 491 of Ex.P594 an entry is made to the effect that the company has received Rs.2.00 lakhs through Narasimha
Reddy/A-1 in the account of S.Rajaiah as share application amount vide
D.D.No.557480, dt.19.01.1994. In page 559 of Ex.P594 an entry is made to the effect that the company has received Rs.2.00 lakhs through Narasimha Reddy/
A-1 in the account of Ch.Venkat Reddy as share application amount vide
D.D.No.961093, dt.02.03.2004. Company was not enlisted with Stock Exchange of India.
(iv) PW-28 in his cross-examination has stated that the pencil entries in pages 473, 491 and 559 in Ex.P594 were made by the Accounts Manager and he cannot say when the entries are made and he has delivered Ex.P587 to Ex.P593 to CBI. PW-28 further stated in his cross-examination that he cannot say whether Ex.P594 was seized by CBI or it was produced by our people to CBI and they have not deposited Rs.6.00 lakhs in Andhra Bank, on the instructions of CBI they have returned the above said amount to Andhra Bank, witness voluntarily stated that Rs.6.00 lakhs mentioned at page 473, 491 and 559 in Ex.P594 was deposited in Andhra Bank, Ameerpet Branch in the company account, CBI did not direct them to return Rs.6.00 lakhs to Andhra Bank under threat of prosecution.
He cannot say how and when the entry regarding return of Rs.6.00 lakhs to
Andhra Bank was made in the books of accounts.
P.120 CC No.14 of 1998
50. (i) Account opening form/specimen signature card, statement of account, cheque, Demand Draft and credit vouchers of M.Ramakrishna Reddy vide S.B.
Account No.5307, which are as under :
Ex.P444 is the Savings Bank account opening form/specimen signaure card of M.Ramakrishna Reddy of Andhra Bank, Jubilee Hills Branch, Hyderabad.
Ex.P595 is the statement of account of M.Ramakrishna Reddy bearing S.B. Account No.5307 of Andhra Bank, Jubilee Hills Branch, Hyderabad. (Marked subject to objection).
Ex.P596 is the cheque for Rs.8.00 lakhs, dt.21.10.1993 bearing cheque No.162471 issued by M.Ramakrishna Reddy in favour of G.Sampath Reddy.
Ex.P597 is the credit voucher for Rs.8.00 lakhs, dt.21.10.1993 to the credit of S.B. Account No.5307 pertaining to the deposit of Demand Draft No.556566 of Andhra Bank, Bhanur.
Ex.P598 is the Demand Draft bearing No.556566, dt.20.10.1993 for Rs.8.00 lakhs issued by Andhra Bank, Bhanur Branch in favour of M.Ramakrishna Reddy drawn on Andhra Bank, ABCD Cell.
(ii) PW-29 is the Chief Manager, Andhra Bank, Jubilee Hills Brach,
Hyderabad, he deposed that whenever an account holder in the branch presents a cheque drawn on another bank for credit to his / her account, they send the cheque to the drawee bank for clearance. Branch has issued statement of account of M.Ramakrishna Reddy, but he cannot say to whom it was issued and for what purpose. PW-29 has deposed in respect of Ex.P444, Ex.P595 to
Ex.P598.
(iii) PW-29 in his cross-examination stated that Ex.P444 relates to Andhra
Bank, Jubilee Hills Branch and he cannot say that Ex.P596 to Ex.P598 were issued in the regular course of banking business, the cheque number mentioned in Ex.P596 is reflected in Ex.P595-statement. PW-29 admitted that Ex.P595 is not certified as per Bankers Book Evidence Act.
P.121 CC No.14 of 1998
51. (i) Account opening form, statement of account, credit vouchers of
B.S.Neelakanta/A-3 in Andhra Bank, Vijayanagar Colony Branch, Hyderabad, which are as under :
Ex.P733 is the account opening form-cum-specimen signature card of B.S.Neelakanta of Andhra Bank, Vijayanagar Colony Branch, Hyderabad dt.18.08.1993. The bank has allotted S.B. Account No.24740.
Ex.P734 is the original ledger extract of S.B. Account No.24740 in the name of B.S.Neelakanta/A-3.
Ex.P735 is the credit voucher dt.09.02.1994 for Rs.6.00 lakhs transferred from Andhra Bank, Bhanur Branch to the account of B.S.Neelakanta/A-3 bearing S.B. Account No.24740.
Ex.P736 is the credit voucher, dt. Nil, for Rs.5.00 lakhs transferred from Andhra Bank, Bhanur Branch to S.B. Account No.24740.
(ii) Account opening forms (old closed account and new account), statement of account, credit vouchers of R.Seshagiri Rao/A-10 in Andhra Bank,
Vijayanagar Colony Branch, Hyderabad, which are as under :
Ex.P737 is the account opening form-cum-specimen signature card of R.Seshagiri Rao/A-10 of Andhra Bank, Vijayanagar Colony Branch, Hyderabad. The bank has allotted S.B. Account No.25236.
Ex.P738 is the original ledger extract of S.B. Account No.25236 in the name of R.Seshagiri Rao/A-10.
Ex.P739 is the original ledger extract of R.Seshagiri Rao/A-10 bearing old Account No.25220.
Ex.P740 is the credit voucher, dt.22.03.1994 for Rs.4.00 lakhs transferred from Andhra Bank, Bhanur Branch to Account No.25220.
(iii) PW-30 is the Chief Manager, Andhra Bank, Vijayanagar Colony
Branch, Hyderabad and he deposed about the opening of account by
B.S.Neelakanta/A-3 and R.Seshagiri Rao/A-10 and spoke about Ex.P733 to
Ex.P740. PW-30 further deposed that as per Ex.P374, payment is made thereunder to B.S.Neelakanta/A-3.
P.122 CC No.14 of 1998
(iv) PW-30 in his cross-examination stated that he was not the Manager of
Andhra Bank, Vijayanagar Branch when the account of R.Seshagiri Rao/A-10 was opened under Ex.P737 and he cannot say who has authorised for opening the account. He was not there in Andhra Bank, Vijayanagar Colony Branch,
Hyderabad when Ex.P738 to Ex.P740 transactions took place and he cannot say the officer who signed on Ex.P739 when the account was closed and transferred on 28.03.1994.
52. (i) Statement of account of M/s. Mega City Printers, Hyderabad and
Demand Draft, which are as under :
Ex.P599 is the Current Account statement of M/s. Mega City Printers, Hyderabad bearing Account No.1115 of Indian Overseas Bank, Adarshnagar Branch from 1st September, 1994 to 16th March, 1995.
Ex.P600 is the xerox copy of Demand Draft bearing No.248182, dt.31.08.1994 for Rs.1,50,000/- issued on Andhra Bank, Service Centre, New Delhi favouring M/s. Mega City Printers (Ex.P599 and Ex.P600 are marked subject to objection).
(ii) PW-31 worked as Senior Manager, Indian Overseas Bank, Adarshnagar
Branch, Hyderabad from 2005. He deposed that the practice in the bank is to give statement of Current Account periodically once in 15 days or once in a month as requested by the account holder. Ex.P599 is issued by the bank and it bears the stamp of the branch and he also spoke about Ex.P600 which is refleced in Ex.P599.
(iii) PW-31 in his cross-examination stated that Ex.P599 is not signed by any officer of the bank nor it is certified as required under Bankers Book
Evidence Act.
P.123 CC No.14 of 1998
53. (i) Fixed Deposit Receipts of M/s. Jani Clency & Richards which are as under :
Ex.P601 is the xerox copy of Fixed Deposit Receipt bearing No.234618 of M/s. Jani Clency & Richards, P.J.Amit Madhusudhan Jani and Mrs. Indumati Madhusudhan Jani account, dt.05.08.1992, for Rs.9,88,235/- for a period of 47 days and due date is 18.09.1992 in Indian Bank, Bombay Fort Branch.
Ex.P602 is the xerox copy of Fixed Deposit Receipt bearing No.234619 of M/s. Jani Clency & Richards, P.J.Amit Madhusudhan Jani and Mrs. Indumati Madhusudhan Jani account, dt.05.08.1992, for Rs.22,076/- for a period of 47 days and due date is 18.09.1992 in Indian Bank, Bombay Fort Branch.
Ex.P603 and Ex.P604 are the xerox copies of Fixed Deposit Receipt bearing No.234621 of M/s. Jani Clency & Richards Account, P.J.Amit Madhusudhan Jani and Mrs. Indumati Madhusudhan Jani account, dt.05.08.1992, for Rs.5,49,020/- for a period of 46 days and due date is 18.09.1992 in Indian Bank, Bombay Fort Branch.
Ex.P605 is the xerox copy of Fixed Deposit Receipt bearing No.234622 of M/s. Jani Clency & Richards, P.J.Amit Madhusudhan Jani and Mrs. Indumati Madhusudhan Jani account, dt.05.08.1992, for Rs.2,96,008/- for a period of 46 days and due date is 18.09.1992 in Indian Bank, Bombay Fort Branch.
(Ex.P601 to Ex.P605 are marked subject to objection that they are xerox copies.) Ex.P606 is the letter dt.18.03.1996 received by Senior Manager of Bombay Fort Branch.
(ii) PW-32 is the Chief Manager, Indian Bank, Bombay Fort Branch,
Mumbai, he deposed that the original Fixed Deposit Receipts of M/s. Jani Clency & Richards are with the bank, normally they will be destroyed after 8 years of due date. The xerox copies of Fixed Deposit Receipts i.e., Ex.P601 to Ex.P605 are marked through him and it is mentioned in Ex.P606 that after maturity of the above said Fixed Deposits bankers cheques were issued for matured amounts by keeping the original Fixed Deposit Receipts in the bank.
P.124 CC No.14 of 1998
(iii) PW-32 stated in his cross-examination that as seen from Ex.P606, A-2 did not have any other account in Bombay Fort Branch and cheques were issued for the matured amounts on 18.09.1992. CBI has not examined him.
54. (i) Current Account of M/s. India Exim, M/s. Suvnics India Exim Ltd., credit and debit vouchers of the firms, which are as under :
Ex.P607 is the certified copy of account relating to M/s. India Exim bearing Current Account No.3/348 by its partners Mahesh A. Raju/A-6, B.S.Neelakanta/A-3, D.Tulasi/A-15 and Vasantha S. Bhatt.
Ex.P608 is the certified copy of account relating to M/s. Suvnics India Exim Ltd. bearing Current Account No.3/365.
Ex.P609 is the certified copy of Resolution dt.16.12.1991 of M/s. Suvnics India Exim Ltd. showing that the accounts be operated by Mahesh A. Raju/A-6 (Managing Director) and P.V.K.Raju/A-7 (Director).
Ex.P610 is the certified copy of credit voucher, dt.12.02.1992 for Rs.7,95,000/- credited in the Current Account of M/s. Suvnics India Exim Ltd. bearing Account No.3/365 on 14.02.1992 received from Andhra Bank, Bhanur Branch.
Ex.P611 is the certified copy of debit voucher, dt.17.02.1992 for Rs.23,32,670/- debited to the Current Account of M/s. Suvnics India Exim Ltd. towards commission and margin on account of B.G.37/1999.
Ex.P612 is the certified copy of credit voucher, dt.17.02.1992 for Rs.10.00 lakhs credited to the Current Account of M/s. Suvnics India Exim Ltd. bearing Account No.3/365 as National Local Clearing of Andhra Bank, Somajiguda, Hyderabad.
Ex.P613 is the certified copy of credit voucher, dt.26.02.1992 for Rs.10,50,000/- credited to the Current Account of M/s. Suvnics India Exim Ltd. bearing Account No.3/365 on 27.02.1992 from Andhra Bank, Somajiguda Branch in two spells i.e. as per P.O. No.996489, dt.26.02.1992 for Rs.6,50,000/- and P.O.No.996499, dt.26.02.1992 for Rs.4,00,000/-.
Ex.P614 is the certified copy of credit voucher, dt.27.02.1992 for Rs.3,75,000/- credited to the Current Account of M/s. Suvnics India Exim Ltd. bearing Account No.3/365 received from Andhra Bank, ABCD Cell as per cheque No.011427, dt.26.02.1992 for the above said amount.
Ex.P615 is the certified copy of credit voucher, dt.27.02.1992 for Rs.9,25,000/- credited to the Current Account No.3/365 of
P.125 CC No.14 of 1998
M/s. Suvnics India Exim Ltd. received from Andhra Bank, ABCD Cell as per cheque No.011417, dt.24.02.1992 for the above said amount.
Ex.P616 is the certified copy of debit voucher, dt.27.02.1992 for Rs.23,34,644/- debited to the Current Account No.3/365 of M/s. Suvnics India Exim Ltd. being L.G.37/101 charges.
Ex.P617 is the certified copy of credit voucher, dt.14.09.1991 for Rs.4,00,000/- credited to the Current Account No.3/348 of M/s. India Exim received from M/s. Siris Ltd. vide cheque No.72724, dt.11.09.1991 for the above said amount.
Ex.P618 is the certified copy of credit voucher, dt.10.10.1991 for Rs.5.00 lakhs credited to the Current Account No.3/348 of M/s. India Exim.
Ex.P619 is the certified copy of credit voucher, dt.03.10.1991 for Rs.4.00 lakhs credited to the Current Account No.3/348 of M/s. India Exim received through Pay Order No.079040, dt.26.09.1991 from Andhra Bank, Ameerpet Branch.
Ex.P620 is the certified copy of credit voucher, dt.14.10.1991 for Rs.16.00 lakhs credited to the Current Account No.3/348 of M/s. India Exim received as National Local Clearing.
Ex.P621 is the certified copy of cheque bearing No.607314, dt.30.12.1991 for Rs.15.00 lakhs debited to the Current Account No.3/348 of M/s. India Exim on 31.12.1991, issued by M/s. India Exim from Andhra Bank, Somajiguda Branch, Hyderabad.
Ex.P622 is the certified copy of cheque bearing No.607315, dt.30.12.1991 for Rs.10.00 lakhs debited to the Current Account No.3/348 of M/s. India Exim on 31.12.1991, issued by M/s. India Exim from Andhra Bank, Somajiguda Branch, Hyderabad.
(ii) PW-33 is the Chief Manager, Accounts Department, State Bank of
India, Hyderabad Main Branch, he deposed about Ex.P607 to Ex.P622 and he further stated that Mahesh A. Raju/A-6 and B.S.Neelakanta/A-3 were operating the account of M/s. India Exim. As per the records, entries were made in the respective accounts whenever credits and debits are received.
(iii) PW-33 stated in his cross-examination that he has not filed any document to show that M/s. India Exim is a partnership firm and is represented by B.S.Neelakanta/A-3, Mahesh A. Raju/A-6, D.Tulasi/A-15 and Vasantha S.
Bhatt. PW-33 further stated in his cross-examination that he do not have any
P.126 CC No.14 of 1998 document except Ex.P607 to say that A-3 and A-6 are empowered to operate the account and has no idea what documents have to be filed to open a Current
Account by a Limited Company and he cannot say that as per Sub-section (2) of
Section 303 of Companies Act, Form-32 is to be filed and he cannot say who has signed the instruments. PW-33 further stated in his cross-examination that he cannot say whether A-7 is not the Director of M/s. Suvnics India Exim Ltd. and he deposed that A-7 is the Director because of Ex.P609. PW-33 admitted that he cannot say who has signed the cheques issued by M/s. India Exim.
55. (i) Account opening form and statement of Savings Bank Account of
M.K.Jani/A-2 vide S.B.No.19637 of Central Bank of India, Marine Lines Branch,
Mumbai, which are as under :
Ex.P628 is the certified copy of account opening form opened in joint names of Madhusudan K. Jani/A-2 and Indumati K. Jani on 13.07.1976 of SBI, Marine Lines Branch, Mumbai. Bank has allotted Savings Bank Account No.19637.
Ex.P623 is the certified copy of Savings Bank Account of M.K.Jani/A-2 bearing S.B. Account No.19637 of Central Bank of India, Marine Lines Branch, Mumbai.
Ex.P624 is the certified copy of credit voucher, dt.16.03.1993 for Rs.1.00 lakh drawn on Andhra Bank, Bombay which was sent for clearing on 17.03.1993.
Ex.P625 is the certified copy of credit voucher, dt.05.01.1992 for Rs.1,42,700/- in the name of M.K.Jani/A-2.
Ex.P626 is the certified copy of credit voucher, dt.05.02.1994 for Rs.2,21,800/- in the name of M.K.Jani/A-2.
Ex.P627 is the certified copy of credit voucher, dt.07.01.1994 for Rs.5.00 lakhs in the name of M.K.Jani/A-2.
(ii) PW-34 is the Chief Manager, Central Bank of India, Marine Lines
Branch, Mumbai and he deposed about the opening of account by M.K.Jani/A-2 and Indumati Jani under Ex.P628. He also deposed about the amounts covered
P.127 CC No.14 of 1998 under Ex.P624, Ex.P625, Ex.P626 and Ex.P627 which are reflected in Ex.P623- statement.
(iii) PW-34 stated in his cross-examination that he do not have personal knowledge regarding the transactions relating to the account of M.K.Jani/A-2 bearing Account No.19637 and he deposed basing on the records shown to him,
CBI has never examined him in connection with the case. PW-34 has admitted that Ex.P624 to Ex.P627 do not contain the signatures of the persons who deposited the instruments and Ex.P625 and Ex.P626 do not contain the name of the drawee branch.
56. (i) Account opening for Fixed Deposits of Indumati M. Jani and M.K.Jani of
Central Bank of India, Khar Branch, Fixed Deposits and bankers cheques, which are as under :
Ex.P629 is the Fixed Deposit opening form, dt.04.06.1992 for Rs.55,71,000/- in the names of Indumati M. Jani and Madhusudan K. Jani/A-2 of Central Bank of India, Khar Branch.
Ex.P630 is the bankers cheque, dt.07.09.1992 for Rs.40.00 lakhs bearing No.003600 in favour of Andhra Bank account of Indumati Jani and M.K.Jani/A-2.
Ex.P631 is the bankers cheque, dt.22.10.1992 for Rs.15.00 lakhs bearing No.003727 favouring Madhusudan K. Jani/A-2 on account of proceeds of FDR No.31/794.
Ex.P632 is the Fixed Deposit Receipt No.31/266 of Central Bank of India, Khar Branch for Rs.45,000/- in the name of Indumati M. Jani and Madhusudan K. Jani/A-2, dt.09.06.1992 for 46 days.
Ex.P633 is the Fixed Deposit Receipt No.31/389 of Central Bank of India, Khar Branch for Rs.36,000/- in the name of Indumati M. Jani and Madhusudan K. Jani/A-2, dt.09.06.1992 for 46 days.
(ii) PW-35 is the Chief Manager, Central Bank of India, Khar Branch,
Mumbai, deposed that Ex.P630 is issued by Central Bank of India, Khar Branch under the signatures of two authorised signatories and the serial numbers are 31/3777 and printed number is 003600. Fixed Deposits covered by Ex.P632 and
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Ex.P633 were matured on 20th July, 1992 and also deposed in respect of Ex.P629 and Ex.P631.
(iii) PW-35 stated in his cross-examination that he cannot say whether the bankers cheque Ex.P630 is in respect of Fixed Deposit application form (Ex.P629) as Ex.P630 does not contain any FDR number and no record is placed before him in connection with the transactions covered by Ex.P629 and Ex.P630. PW-35 admitted that CBI has not examined him in connection with the case.
57. (i) Fixed Deposit Receipts of M/s. Jani Clency & Richards, Account of
P.J.Amit, Madhusudan Jani and Indumati M. Jani, which are as under :
Ex.P634 is the letter addressed by Inspector of Police, CBI, Hyderabad, 07.03.1996 to the Manager, Indian Bank, Neapean Sea Road Branch, Mumbai to furnish the FDRs.
Ex.P635 is the letter addressed by the Senior Manager, Indian Bank, Neapean Sea Road Branch, Mumbai, dt.04.04.1996 furnishing the Fixed Deposits of M/s. Jani Clency & Richards.
Ex.P636 to Ex.P639 are the certified copies of FDR Nos.238682, 238683, 238684 and 238385, dt.20.07.1992 for Rs.5,51,906/- each in the name of M/s. Jani Clency & Richards of Indian Bank, Nepean Sea Road Branch, Mumbai, for 60 days and due date is 18.09.1992.
Ex.P640 is the certified copy of FDR No.238693, dt.23.07.1992 for Rs.7,80,612.35 in the name of M/s. Jani Clency & Richards of Indian Bank, Nepean Sea Road Branch, Mumbai, for 57 days and due date is 18.09.1992.
Ex.P641 is the certified copy of FDR No.238703, dt.25.07.1992 for Rs.6,69,024.55 in the name of M/s. Jani Clency & Richards of Indian Bank, Neapean Sea Road Branch, Mumbai, for 55 days and due date is 18.09.1992.
Ex.P642 is the certified copy of FDR No.238686, dt.20.07.1992 for Rs.3,31,144/- in the name of M/s. Jani Clency & Richards of Indian Bank, Neapean Sea Road Branch, Mumbai, for 60 days and due date is 18.09.1992.
Ex.P643 to Ex.P646 are the certified copies of Pay Orders, dt.18.09.1992 for Rs.5,62,793/- each for Fixed Deposit Receipts covered by Ex.P636 to Ex.P639.
Ex.P647 is the certified copy of Pay Order, dt.18.09.1992 for Rs.3,37,676/- for Fixed Deposit Receipt covered by Ex.P642.
P.129 CC No.14 of 1998 Ex.P648 is the certified copy of Pay Order, dt.18.09.1992 for Rs.7,95,241/- for Fixed Deposit Receipt covered by Ex.P640.
Ex.P649 is the certified copy of Pay Order, dt.18.09.1992 for Rs.6,81,122/- for Fixed Deposit Receipt covered by Ex.P641.
(ii) PW-36 is the Chief Manager, Indian Bank, Nepean Sea Road Branch,
Mumbai, he deposed that CBI has addressed a letter under Ex.P634 to furnish the FDRs of M/s. Jani Clency & Richards, in pursuance thereof he addressed the letter under Ex.P635 by furnishing the FDRs under Ex.P636 to Ex.P642. The matured amounts were paid to the parties through Pay Orders covered by
Ex.P643 to Ex.P649.
(iii) PW-36 in his cross-examination stated that during 1996 he was Senior
Manager, Indian Bank, Overseas Branch, Chennai. The then Manager of Nepean
Sea Road Branch, Mumbai has received the original of Ex.P634, the particulars were furnished to CBI after receiving necessary instructions from Regional Office at Mumbai and he cannot say the name of the signatory of Ex.P635, CBI has never examined him in connection with the case and deposing based on the record.
Evidence in respect of the payment made to A-1 :-
58. (i) PW-37 worked as cleark in Andhra Bank, Bhanur Branch from 1993 to 1995. Narasimha Reddy/A-1 was the Branch Manager during that time, he was entrusted with the duty of passing cheques, entries in pass books, writing
Demand Drafts etc. On 28.02.1994 regular Cashier was on leave and he was kept in charge of Cashier post. Ex.P427-cheque for Rs.2,30,000/-, dt.28.02.1994 was sent to him by A-1 for payment by cash by passing the cheque. He paid
Rs.2,30,000/- under the above said exhibit to A-1. The party named in Ex.P427 is A.Vijay Kumar Raju/A-11, he did not approach him for payment and he noted
P.130 CC No.14 of 1998 the denominations of currency paid on the back side of the cheque. Ex.P427 bears his initial indicating the payment made by him.
(ii) PW-37 further stated in his chief examination that on 22.03.1994 regular Cashier was on leave and he was placed in charge of Cashier post, on that day he received Ex.P439-cheque for Rs.2.00 lakhs, dt.22.03.1994 sent by
A-1 for payment, the bearer‟s name is A.Vijay Kumar Raju/A-11. He paid cash to
A-1, A-11 did not approach him for payment. Under Ex.P439 an amount of
Rs.1,50,000/- plus commission of Rs.375/- was used for issuance of Demand
Draft and rest of the amount was paid in cash to A-1 which is noted on the reverse of the cheque. Sometimes it happens that valuable customers sit with the Manager and get the cash and the same process is used to get the Demand
Drafts. At the time of passing Ex.P427, Ex.P439 cheques for payment, A-1 has passed payment order, at the time of receiving cash A-1 did not write anything on the cheques.
(iii) PW-37 stated in his cross-examination that Ex.P427 and Ex.P439 are self cheques, valuable customers of the bank sit with the Manager and send cash for remittance into their account to the cash counter, the Manager would send the cash through the sub-staff on some occasions. Ex.P427 and Ex.P439 are normal transactions.
Evidence in respect of GEQD Report :
59. (i) PW-38 deposed that GEQD has received documents from
Superintendent of Police, CBI, Hyderabad under Ex.P650-letter, dt.28.08.1996 and Ex.P651-letter, dt.27.01.1997 for examination and report. Ex.P652- specimen signatures of Vijaykumar Raju/A-11 are marked as S-1 to S-6 (not exhibited). Ex.P653-specimen signatures of Venkat Reddy are marked as S-7 to
S-9. Ex.P654-specimen signatures of M.K.Jani/A-2 is marked as S-10 to S-15.
P.131 CC No.14 of 1998
Ex.P655-specimen signatures of Indumati Jani is marked as S-16 to S-18.
Ex.P656-specimen writings and signatures of D.Narasimha Reddy/A-1 is marked as S-19 to S-58. Ex.P657-specimen signatures and writings of B.Nagaraj/A-13 is marked as S-59 to S-61. Ex.P658-specimen writings of B.S.Neelakanta/A-3 is marked as S-62 to S-78. Ex.P659-specimen writings of Sadasiv Bhatt/A-8 is marked as S-79 to S-85. Ex.P660 and Ex.P661-admitted writings and signatures of D.Narasimha Reddy/A-1 are marked as A-1 to A-9 and A-19 to A-24 respectively. Ex.P662-admitted signatures of A.Vijaykumar Raju/A-11 are marked as A-14 to A-18. Ex.P663-admitted signatures of M.K.Jani/A-2 are marked as A-25 to A-38.
(ii) PW-38 further deposed that he has thoroughly and independently examined the documents in the case and he is of the opinion that the person who wrote the writings (D.Narasimha Reddy/A-1) marked as S-19 to S-34, S-47 to S-55 (Ex.P656) and A-1 to A-9 (Ex.P660) (D.Narasimha Reddy/A-1) also wrote the writings marked as Q-24 (marked in unexhibited document), Q-25 (Ex.P408),
Q-26 (Ex.P410), Q-27 and Q-28 (Ex.P411), Q-29 and Q-30 (Ex.P412), Q-37 (Ex.P424), Q-38 and Q-39 (Ex.P427), Q-40 and Q-41 (Ex.P425) Q-42 and Q-43 (Ex.P431), Q-44 and Q-45 (Ex.P439), Q-46 and Q-47 (Ex.P445) and Q-75 (marked in unexhibited document). It has not been possible to express any opinion on rest of the items on the basis of available material on hand. Ex.P664 is the report/opinion dt.27.09.1996. Ex.P665 is the findings dt.27.09.1996.
(iii) PW-38 further stated in his chief examination that the person who wrote the writings marked as S-19 to S-34, S-47 to S-55 (D.Narasimha Reddy/
A-1) (Ex.P656), A-1 to A-9 (D.Narasimha Reddy/A-1) (Ex.P660), A-19 to A-24 (D.Narasimha Reddy/A-1) (Ex.P661) also wrote the writings marked as Q-86 (Ex.P518), Q-87 (Ex.P519), Q-90 (Ex.P498), Q-91 (Ex.P508). He further deposed that it has not been possible to express any opinion over the rest of the material.
P.132 CC No.14 of 1998
Ex.P666 is the supplementary opinion, dt.11.02.1997. Ex.P667 is the supplementary opinion, dt.11.02.1997. Ex.P668 is the forwarding letter, dt.18.02.1996. Ex.P669 is the forwarding letter, dt.04.09.1996 with opinion and documents.
(iv) PW-38 in his cross-examination has denied the suggestion that the signatures mentioned in para 2 of Ex.P664 are similar to that of the signatures mentioned in para 3 of the same exhibit. He also denied the suggestion that specimen writings and signatures mentioned in Ex.P664 were not sufficient for comparison and also denied the suggestion that admitted signatures marked as
A-14 to A-18 and S-1 to S-6 in para 2 of Ex.P664 are not sufficient for comparison and to give opinion.
(v) PW-38 further stated in his cross-examination that Sri D.D.Goel is a signatory to Ex.P664, witness adds that D.D.Goel independently examined the documents and came to similar opinion, he admitted that he has not mentioned the dates on which he has examined the documents in Ex.P664 and he did not indicate in his evidence the language in which the handwritings and signatures were written, witness adds that the reasons given by him make it clear that the letters were in English or in vernacular. PW-38 admitted that he has not filed any document to show that he is authorised by Government of India to act as an expert. PW-38 denied the suggestion that he is not an expert in the field and his interference at para 6 of Ex.P664 and paras 2 to 4 in Ex.P666 are incorrect.
Evidence in respect of sanction to prosecute A-1 :
60. (i) PW-39 worked as Deputy General Manager, Andhra Bank from July, 1996 to August, 1998 and he was designated as Deputy General Manager,
In-charge Human Resources Development Department and he is competent to remove upto Scale-II Officers. During his tenure A-1/D.Narasimha Reddy was a
P.133 CC No.14 of 1998
Scale-II Officer and he has sanctioned prosecution to prosecute A-1 under
Ex.P670-order, dt.30.12.1997 after going through the documents submitted by
CBI and after having satisfied about the prima facie involvement of A-1 in the case.
(ii) PW-39 stated in his cross-examination that he has received a comprehensive report from the Superintendent of Police, CBI containing the statements of witnesses, particulars of transactions in the case, FIR, photo copies of material documents and he has not discussed the matter with the
Investigating Officer nor sought clarification from him. PW-39 further stated in his cross-examination that there is a full-fledged department under him to process the matters like the present one, he has prepared Ex.P670-order in consultation with his department and he has not received any draft sanction order from CBI. PW-39 further stated in his cross-examination that he cannot say on which date he has received the request from CBI for sanction to prosecute A-1 and he signed on Ex.P670 on 30.12.1997. PW-39 denied the suggestion that the date appearing on page 1 of the sanction order is date of despatch and not the date of order. He also denied the suggestion that he is not competent authority to pass sanction order under Ex.P670. PW-39 further denied the suggestion that he has mechanically signed on Ex.P670 prepared by other persons without looking into the documents furnished by CBI.
Investigating Officer Evidence :
61. (i) PW-40 has registered the case basing on Ex.P1-complaint, dt.09.02.1995 at 5.30 PM and issued Ex.P671-FIR, on the same day he has received another complaint under Ex.P2 from PW-1 and registered another FIR under Ex.P672. Ex.P673 is the search list prepared at the house of A-1. Ex.P674 and Ex.P676 are the search lists prepared at the house of A-3. Ex.P677 and
P.134 CC No.14 of 1998
Ex.P678 are the search lists prepared at the office of A-3. Ex.P675 is the inventory prepared in the house of A-1. Ex.P679 is the search list prepared at the office of Mahesh A. Raju/A-6. Ex.P680 is the search list prepared at the house of
Mahesh A. Raju/A-6. Ex.P681 is the search list prepared at the house of
A.V.K.Raju/A-11. Ex.P682 is the list of inventory relating to the lockers of
A-1/D.Narasimha Reddy and A-3/B.S.Neelakanta in the presence of bank officials. Ex.P683 to Ex.P686 are the inventory of the lockers of B.S.Neelakanta,
P.V.K.Raju, Ms. Rajeshwari and Sunanda Raju dt.02.03.1995 & 06.03.1995.
(ii) PW-40 further stated in his chief examination that he has collected the specimen handwritings and signatures of A-1, A-3, A-8, A-13 and Smt. Indumati
Jani and sent them to Handwriting Expert, obtained the opinion under Ex.P662 to
Ex.P664 and also obtained sanction order under Ex.P671 to prosecute A-1.
During the course of investigation he has addressed letter under Ex.P687 dt.24.10.1996 to the Registrar of Firms to identify the registration of named firms belonging to the accused persons. He has received reply under Ex.P688 dt.01.11.1996 confirming that M/s. Urvasi Enterprises and M/s. Amogh Business
Links were registered and that A-3/B.S.Neelakanta and Lakhmidevi are partners of M/s. Urvasi Enterprises and B.S.Neelakanta/A-3,
D.Tulasi/A-15 are the partners of M/s. Amogh Business Links along with two more partners, they are Lakshmamma and Nagamma.
(iii) PW-40 further stated in his chief examination that he has addressed letter under Ex.P689 dt.24.10.1996 to the Registrar of Companies to find out the partners and annual returns of M/s. Suvarna Electronics Pvt. Ltd. and
M/s. Suvnics India Exim Ltd. He received reply under Ex.P690 dt.31.10.1996 and also received another letter under Ex.P691 dt.21.01.1997 from the Registrar of
Companies. M/s. Suvarna Electronics Pvt. Ltd. is a registered company with its
Directors Mahesh A. Raju/A-6, A.V.K.Raju/A-11 and three more
P.135 CC No.14 of 1998
Directors. The Directors of M/s. Suvnics India Exim Ltd., are Mahesh A.
Raju/A-6, B.S.Neelakanta/A-3, Sadasiv Bhatt/A-8 and D.Tulasi/A-15 with three more Directors. The above said companies have filed their annual returns for the Financial Year 1990-91, 1991-92.
(iv) PW-40 further stated in his chief examination that he has addressed a letter under Ex.P692 dt.15.11.1995 to Andhra Pradesh Industrial Infrastructure
Corporation seeking information about the utilisation of Demand Draft No.10158, dt.09.10.1991 for Rs.2,87,660/-. He received a reply under Ex.P693 from
Andhra Pradesh Industrial Infrastructure Corporation stating that payment was received on account of M/s. Survarna Electronics Pvt. Ltd. He addressed another letter under Ex.P694 dt.15.11.1995 to M/s. Pitambarlalji & Sons about the utilisation of D.D. No.532838, dt.01.02.1992 for Rs.83,764.27 and he received reply from the above said firm under Ex.P695 dt.09.12.1995 confirming that the firm has received the amount on behalf of M/s. India Exim.
(v) PW-40 further stated in his chief examination that he has addressed a letter under Ex.P696 dt.15.11.1995 to M/s. Parekh Marine Agencies Pvt. Ltd.
about the utilisation of D.D.No.532836, dt.01.02.1992 for Rs.2,88,914.45 ps. and he received reply under Ex.P697 from the company that the above said D.D.
amount was utilised on account of M/s. India Exim. He also addressed a letter under Ex.P698 dt.15.11.1995 to M/s. Tolani Bulk Carriers seeking information about D.D.Nos.532805 to 532808, dt.16.01.1992 for Rs.9.9 lakhs each, he received reply from the above said company under Ex.P699 dt.22.11.1995 narrating the transactions with M/s. India Exim.
(vi) PW-40 further stated in his chief examination that he has addressed a letter under Ex.P700 dt.15.11.1995 to M/s. Unimarine Agencies Pvt. Ltd. seeking information about D.D.No.532840, dt.01.02.1992 for Rs.23,741.55 ps. and
D.D.No.532838, dt.01.02.1992 for Rs.40,249.97 and he got a reply from the
P.136 CC No.14 of 1998 above said firm under Ex.P701 dt.09.01.1996 confirming that the amounts were received on account of M/s. India Exim. Ex.P702 is the Amended Partnership
Deed, dt.16.10.1991. Ex.P703 is the original Partnership Deed seized in the office premises of Mahesh A. Raju/A-6. The partners of M/s. India Exim are – B.S.Neelakanta/A-3, Mahesh A. Raju/A-6, D.Tulasi/A-15 and
Vasantha Bhatt. Ex.P704 is the General Power of Attorney, dt.24.04.1991 showing the address of M/s. India Exim at 4th Floor, Topaz Amrutha Hills,
Panjagutta, Hyderabad, the document shows that other partners have authorised
Mahesh A. Raju/A-6 to act on behalf of M/s. India Exim. Ex.P705 is the account opening form of M/s. India Exim. Ex.P706 is the Register which shows the accounts of debit and credit entries in M/s. India Exim.
(vii) PW-40 further stated in his chief examination that he issued a letter under Ex.P707 dt.08.05.1996 to A-2 to furnish the accounts maintained in the name of M/s. Parvati Jayanthi Shipping Company and to produce documents in support of the transactions with A-1 and A-3, he got reply from A-2 and also from his son under Ex.P708 dt.20.05.1996 and Ex.P709 dt.30.05.1996 that they are in the process of collecting the information. Ex.P710 is the certified copy of
Memorandum and Articles of Association of M/s. Suvnics India Exim Ltd.
Ex.P711 is the certified copy of specimen signature card of State Bank of India,
International Division Branch, Hyderabad containing the signatures of A-6 and
A-7. Ex.P712 is Annexure-I of M/s. Suvnics India Exim Ltd. containing the names and addresses of the Directors. Ex.P713 are the documents seized from the office of M/s. Suvnics India Exim Ltd. on 11.02.1995 (113 documents). Ex.P714 is the Cash Book of M/s. Suvnics India Exim Ltd. from 01.11.1991 to 31.03.1992.
Ex.P715 is the Diary of Mahesh A. Raju/A-6 which contains the entries relating to the D.D. particulars of M/s. Tolani, M/s. Parekh Marine, M/s. Unimarine and
M/s. Meena Corporation.
P.137 CC No.14 of 1998
(viii) PW-40 further stated in his chief examination that he addressed a letter under Ex.P716 dt.08.12.1995 to the Manager, Indian Overseas Bank,
Bombay to furnish the details of D.D.Nos.248037 and 248038 for Rs.9.00 lakhs and Rs.6.00 lakhs, he received a reply from the bank under Ex.P717 dt.16.12.1995 stating that Demand Drafts were issued and credited to the account of Sonia Shroff. He addressed another letter under Ex.P718 dt.15.11.1995 to the Controller of Imports and Exports seeking information about
D.D.No.969068 for Rs.500/-, he received reply under Ex.P719 on 22.11.1996 stating that Demand Draft was submitted on behalf of M/s. Jani Exim Ltd.
Ex.P720 is the Memorandum and Articles of Association of M/s. Jani Exim Ltd., the Directors are A-2 and his family members.
(ix) PW-40 further stated in his chief examination that he has conducted investigation into M/s. Jani Clency & Richards Account maintained at Andhra
Bank, Bhanur, other accounts maintained at Indian Bank, Napean Sea Road
Branch, Central Bank of India, Fort Road Branch and has noticed Fixed Deposit of Rs.64.00 lakhs in the name of M/s. Jani Clency Richard Account PJ, A.M.Jani,
I.M.Jani, the deposits were closed on 18.09.1992, Pay Orders were issued.
D.Narasimha Reddy/A-1 has signed on Ex.P241-cheque collection memo and prepared Ex.P242-credit voucher. Ex.P721 is the letter addressed by K.Rama
Rao, Chief Manager, Andhra Bank, Opera House Branch, Bombay on 23.01.1996 to CBI, Hyderabad showing the Pay Orders for Rs.64,28,708/- (Ex.P601 to
Ex.P605). The above said amount collected by M/s. Jani Clency & Richards is not part of the amount of the firm. Ex.P722 is the Deed of Partnership, dt.18.10.1993 to carry on the partnership business under the name and style of
M/s. Sara Enterprises (Wholesale Wine Merchants), the partners are
B.S.Neelakanta/A-3, B.Nagaraj/A-13, B.Shivakumar/A-12. Ex.P723 is the xerox copy of document pertaining to M/s. Suvnics India Exim Ltd. Ex.P724 is File
P.138 CC No.14 of 1998
No.2 containing set of originals and photo copies with reference to issuance of
FDRs in the name of Indumati Jani and Madhusudan K. Jani. Ex.P725 is the proceedings dt.24.04.1996 prepared at the time of seizing the documents. His investigation revealed that there was outstanding balance of Rs.3,72,78,358/- as on 15.06.1994 as per the books of Andhra Bank, Bhanur Branch as loss suffered at the hands of A-1 to A-25 due to the fraudulent acts.
(x) PW-40 stated in his cross-examination as under :
I have gone through the inspection report of Andhra Bank, Bhanur Branch from 1992 to 1995 and there are no adverse remarks about the performance of the bank during the above said period.
I am aware that A-2 has filed a civil suit against Andhra Bank and others for recovery of amount and Andhra Bank has also conducted enquiry and he is not aware whether they have submitted the enquiry report to the Vigilance Department.
I do not know whether the Vigilance Wing of Andhra Bank took all the documents at the time of the enquiry, he has collected the documents through Vigilance Wing required for the investigation.
It is true most of the transactions are pertaining to irregularities in following the procedure, some of the documents are missing from the bank.
I cannot say whether there is a chance of taking away documents from the files because the bank employees are involved in the case.
There is no internal report for the period from 1992 to 1995 that the accounts of Andhra Bank, Bhanur Branch are not properly maintained, I examined the inspection report of the relevant period and I did not come across any adverse remarks about the branch accounting. We gave instructions to the Head of the Vigilance Wing of Andhra Bank for initiating action against the inspecting officials who conducted inspection during 1992 to 1995 failing to identify the malpractice, none of the inspecting officials are accused in the case.
It is true during my investigation I found Andhra Bank, Bhanur Branch has received money from Indumati Jani, M.K.Jani/A-2 and M/s. Jani Clency & Richards PJ Account Rs.15.00 lakhs, Rs.40.00 lakhs and Rs.64,28,708/-.
It is true Andhra Bank has received the amounts from M/s. Jani Clency & Richards PJ Account and not from M/s. Jani Clency & Richards. It is true it is mentioned in the charge sheet that signature of A-2 was forged and the amount was siphoned off by others.
P.139 CC No.14 of 1998 I have verified the relevant records but could not come to a conclusion whether the cheque book of A-2 was taken from Andhra Bank because the register was not properly maintained. It is true bank has paid interest on Fixed Deposits of M.K.Jani/A-2 and Indumati Jani and A-2 has received the interest and has come across the original Fixed Deposit Receipts of the above said persons.
It is true A-2‟s daughter has been paid amount from Bharat Dynamics Ltd. Account instead of Indumati Jani and A-2‟s account, there is direct evidence to show the involvement of A-2 in creating fabricated documents.
I am aware that Andhra Bank instituted a civil suit against accused to recover the FDR amounts of A-2 and Indumati Jani. Witness adds, Andhra Bank has instituted a civil suit against the defendants for recovery of amount for the loss sustained by them, Ex.P724(a), Ex.P724(b) and Ex.P724(c) are not pertaining to the bank.
I do not remember that A-6 informed me that M/s. Suvnics India Exim Ltd. received Demand Drafts from M/s. Urvasi Enterprises of A-3. I am not aware whether the Registrar of Companies has authority to authorise to authenticate the names of Directors of registered companies.
I do not remember that A-7 informed me that he was not the Director of M/s. Suvnics India Exim Ltd., during the relevant time. I am not aware whether A-7 was on leave on 19.12.1991, I was aware that A-7 was proposed as Director of M/s. Suvnics India Exim Ltd. vide Board Resolution dt.16.12.1991.
I am aware that A-7 was from Defence service during 1991 and I am not aware that A-7 has communicated to the Managing Director of M/s. Suvnics India Exim Ltd. to revoke the proposed authorisation to operate the bank account and for the post of Director after the proposal (19.12.1991).
I do not remember whether I have verified Form No.32 of Companies Act filed before Registrar of Companies to know whether A-7 was the Director of the company. I do not remember that A-7 disclosed that he retired on superannuation from Defence service on 01.03.1992.
It is true the name of A-7 does not find place in Ex.P690, I cannot say whether A-7 has not signed any negotiable instruments of M/s. Suvnics India Exim Ltd. as I have not thoroughly investigated the activities of the company.
It is true the properties of A-6 and A-7 are attached and this case does not pertain to any kind of loans and advances but it pertains to irregularities.
It is true Temporary Overdrafts pertaining to Savings Bank Account and Current Account are routine practice in banking, similarly Clean Bill Purchases and Deposit Loans are also part of banking, all the above
P.140 CC No.14 of 1998 said different kinds of facilities or loans and advances which bank offers to its customers.
Question: Neelakanta (A-3), Shivkumar (A-12), B.Nagaraj (A-13) and Yugandhar (A-14) did not apply or avail any Temporary Overdraft facility either in Savings Bank Account or any Current Account in Andhra Bank, Bhanur, what do you say ?
Answer: A-3, A-12, A-13 and A-14 did not apply for Temporary Overdraft facility but availed irregular Temporary Overdraft facility in Savings Bank and CD Account.
It is not true to suggest that I gave reckless answers to the above questions that A-3, A-12 to A-14 have not availed any Temporary Overdraft facilities. A person can avail a Deposit Loan who got a Fixed Deposit. It is not true to suggest that A-3, A-12 to A-14 did not avail any Deposit Loan in Andhra Bank, Bhanur Branch. There are Deposit Loan Accounts in the name of A-3, A-12 to A-14.
I have obtained specimen signatures and writings of those accused whose authorship can be established on questioned documents, I have collected specimen signatures and handwritings of A-3 and A-13 and sent them to Government Examiner of Questioned Documents.
I have collected account opening forms and specimen signatures of Neelakanta/A-3, Yugandhar/A-14 bearing Account Nos.823 and 824 and filed them along with the charge sheet, I did not send the account opening forms of A-3 and A-14 and specimen signatures to Government Examiner of Questioned Documents.
It is true A-3, A-12 to A-14 did not write any of the questioned writings or signatures that were referred to Government Examiner of Questioned Documents as per Ex.P664 and Ex.P666.
It is true I have no personal knowledge regarding the contents of Ex.P688, Ex.P694, Ex.P697, Ex.P699 and Ex.P701.
Question: I put it to you that A-3, A-12 to A-14 did not transact any business with Andhra Bank, Bhanur or any other bank on behalf of Suvnics India Exim Ltd.
Answer: It is not correct.
Question: Kindly point out one document to substantiate your previous answer.
Answer: Ex.P710, Ex.P714 are the documents to show that A-3 and A-12 to A-14 have transacted on behalf of Suvnics India Exim Ltd.
It is true Ex.P710 and Ex.P714 are not bank records. It is true Ex.P677 and Ex.P678 (Search Lists) are not signed by B.S.Neelakanta/A-3. It is true I am not competent to opine with
P.141 CC No.14 of 1998 regard to the handwriting or signature of any of the accused in this case.
M/s. Amogh Business Links, M/s. Urvasi Enterprises, M/s. Sara Enterprises, M/s. Tipsy Wines, M/s. India Exim, M/s. Suvnics India Exim Ltd. are all juristic persons, they are not made as accused in the case. It is not true to suggest that I did not cite any witness to establish the identity of the partners or Directors of the above said firms.
I did not collect any document to show that PW-2/Gopala Krishna was asked to inspect Andhra Bank, Bhanur Branch and I did not come across any report of PW-2 pointing out the irregularities committed in Andhra Bank, Bhanur Branch.
My investigation reveals that in some cases false entries were made in the books of accounts of Andhra Bank without the knowledge of the customers. I did not collect the Attendance Register of PW-2/P.Gopala Krishna to show that he was on inspection duty during the period from February and March, 1995.
I do not have personal knowledge with regard to the contents of the documents seized during investigation. It is true A-3, A-12 to A-14 are not the Directors of M/s. Suvarna Electronics Pvt. Ltd. It is true the details of cheque numbers and cheque leaf books issued to account holder is a matter of record and the same will be known through Cheque Book Received Register.
It is true I am the only Investigating Officer in this case, I have seen only one Inspection Report of bank officials. Three Inspectors have inspected the records on the alleged irregularities and I cannot say who was the head of three Inspectors. I have examined the other two Inspectors who have conducted inspection of Andhra Bank, Bhanur Branch apart from PW-2. I did not find any separate inspection report from the other two Inspectors.
I have examined and recorded the statements of D.Raghava Rao, N.Y.L.Narasimha Rao, P.Jayanth, V.V.S.Narasimha Rao and Ch.Murali Krishna. I am not aware whether the Vigilance Department, Andhra Bank has separately investigated or made any enquiries with regard to the transactions. I did not examine the Chief Vigilance Officer/Regional Manager.
My investigation is based on complaint and not on the inspection report given by PW-2. It is true some officials of Andhra Bank, Bhanur Branch acted negligently. It is true during the investigation I came to know that A-3 was a businessman running various businesses at Hyderabad.
It is true during investigation I have referred that some of the bank officials acted negligently and asked to take departmental enquiry against them. I cannot say whether most of the transactions are in respect of irregularities in following the procedure.
P.142 CC No.14 of 1998 It is true Ex.P724(a) was addressed by Madhusudan K. Jani/A-2 to Sadasiv Bhatt/A-8, witness adds Ex.P724(a) was created subsequently after registering the case. I am aware about the existence of xerox copies of pronotes in Ex.P724. I did not investigate into the matter to verify whether the transactions covered under Ex.P724 are genuine transactions or not.
I am not aware whether A-2 filed any civil suit against A-3 and Andhra Bank to recover the amount covered under the original of Ex.P724.
It is true CBI initiated action to attach the properties of A-3, but I do not remember the extent and volume of the property whether it is Rs.283.00 lakhs in respect of Hotel Urvasi, Panjagutta. I am aware that Andhra Bank, Bhanur Branch filed civil suit for recovery of amounts.
It is true amounts were transferred in the form of Demand Drafts, account transafers into the account of companies/firms and individuals.
I cannot say whether the amounts so received over a period of time were only for investment purpose towards the expansion of the business of A-3 by way of purchasing of properties, construction, furniture etc. and A-3 was paying interest in the form of cash.
It is true A-8 has not received any money under Ex.P211. It is true A-8 has received an amount of Rs.1,81,122/- (Ex.P244) from the account of M/s. Jani Clency & Richards.
It is true Ex.P250 is the application for Demand Draft under column signature of the applicant, Account No.CD 240 is mentioned which is the account of M/s. Jani Clency & Richards. Ex.P242 to Ex.P285 are the documents pertaining to Temporary Overdraft, Deposit Loan availed by A-8.
Question: Have you filed any document to show that A-8 has availed Temporary Overdraft, Deposit Loan and cheque discount facility from Andhra Bank, Bhanur Branch, if so what is the document marked ?
Answer: A list of documents filed along with charge sheet Nos.16/1, 16/2 and 16/3 and the corresponding documents marked as Ex.P243 to Ex.P247, Ex.P249 and Ex.P250, Ex.P251 to Ex.P264, Ex.P279 to Ex.P286.
Question: All the above mentioned exhibits do not relate to afore mentioned three facilities availed by A-8 ?
Answer: It is not true.
It is true proceeds under Ex.P436 were initially credited to Account No.25220 on 22.03.1994, subsequently transferred to S.B. Account No.25236 on 28.03.1994 which is the account of A-10. It is true
P.143 CC No.14 of 1998 amount covered under Ex.P206 came from the account of Ravi Sankar, but I did not examine him during my investigation.
During my investgation it is revealed that D.Tulasi/A-15 actively participated in M/s. Sai Enterprises but not in M/s. India Exim, M/s. Amogh Business Links and M/s. Suvnics India Exim Ltd.
Question: Smt. D.Tulasi/A-15 has not operated any of the accounts of the above four enterprises ?
Answer: I am not sure whether A-15 has operated any of the above four companies account.
It is true I have attached the properties of A-15 which are acquired by her much prior to the period of occurrence of the offence under Ordinance No.39 of 1944. It is true Ex.P84 is the D.D. application in favour of K.Ashok, Ex.P85 is the Demand Draft for Rs.3.00 lakhs and Ashok is not an accused in the case.
There is no document to show that M/s. Sai Enterprises directly received the amount from Andhra Bank, Bhanur Branch. It is true M/s. Prime Pharmatech returned the amount to Andhra Bank, Bhanur Branch and I obtained specimen signatures of Venkat Reddy and sent it to expert, I have not obtained specimen signatures of Nalinidhar/ A-22, did not obtain specimen signatures of Rajaiah because no such person was available and share certificate was not delivered to A-22/Nalinidhar.
It is true P.S.Shaw/A-23 is not the beneficiary of proceeds under Ex.P151. I have not examined the General Manager, Vigilance, Andhra Bank in respect of Ex.P540-statement of A-1/D.Narasimha Reddy. Ex.P726 is the acknowledgment of the documents collected in
RC.8(A)/1995 (Ex.P671) and RC.9(A)/1995 (Ex.P672).
PW-40 denied the suggestion that A-1 has not derived any monetary benefit while working as Manager, Andhra Bank, Bhanur Branch and also denied the suggestion that the bank has charged commission on all the D.Ds issued by the branch during the said period.
PW-40 denied the suggestion that Andhra Bank has conducted the investigation and gave a report prior to lodging the complaint (Ex.P1 and Ex.P2) and also denied the suggestion that M.K.Jani/A-2 and Indumati Jani did not receive any amount from Andhra Bank, Bhanur Branch during the relevant period.
PW-40 denied the suggestion that A-7 has disclosed to him that he retired on 01.03.1992 on superannuation from Defence service but I wantedly suppressed it, also denied the suggestion that A-7 has not signed any of the documents of M/s. Suvnics India Exim Ltd.
PW-40 denied the suggestion that D.D. for Rs.2,87,660/- was drawn from CD 194 of M/s. Suvarna Electronics, also denied the suggestion that he perpetrated pressure and force against Mahesh A. Raju/A-6 to
P.144 CC No.14 of 1998 admit liability in writing at the behest of A-3 addressed to A-1 and also denied the suggestion that his investigation is biased, half-baked, incomplete and improper and A-6 and A-7 are falsely implicated in the case.
PW-40 denied the suggestion that the customers of the bank are not concerned with the administrative process and procedure of the bank and also denied the suggestion that A-3, A-12 to A-14 did not avail Temporary Overdraft facilities from Andhra Bank, Bhanur Branch.
PW-40 denied the suggestion that he has not seized Ex.P722 from the residence of A-3 nor examined any Manager from Andhra Bank, Ameerpet Branch who worked during the relevant period of transaction, also denied the suggestion that A-3, A-12 to A-14 did not discount any cheques from Andhra Bank, Bhanur Branch nor availed Deposit Loans.
PW-40 denied the suggestion that his investigation does not disclose any offence against, A-3, A-12 to A-14 and they were falsely implicated in the case.
PW-40 denied the suggestion that Sadasiv Bhatt/A-8 has not availed Temporary Overdrafts, Deposit Loan or Cheque Discount from Andhra Bank, Bhanur Branch and he made A-8 as an accused for conspiracy and other offences without any evidence.
PW-40 denied the suggestion that he prosecuted A-15 just because she is the wife of A-1 and she is not involved in conspiracy or any other offence and also denied the suggestion that he prosecuted A-21 without any evidence.
PW-40 denied the suggestion that he prosecuted V.V.Nalinidhar/A-22 without any evidence to show his involvement in conspiracy and other offences and also denied the suggestion that he did not file any of the inspection report along with the charge sheet as they run counter to the prosecution case.
62. (i) D.Narasimha Reddy/A-1 has got examined DW-1/S.Prabhakar Reddy in support of his contentions.
(ii) DW-1 deposed that from June, 2006 he worked as General Manager, looking after inspection and Audit Department. During 1991-92 M/s. Anand &
Associates, Auditors inspected Andhra Bank, Bhanur Branch and gave report about their audits. Ex.D1 is the Audit Report, dt.07.05.1991 (84 sheets) for 1990-91, they inspected the records from 07.05.1991 to 11.05.1991 and the rating given to Andhra Bank, Bhanur Branch was „A‟. As per Ex.D1 at page 5
P.145 CC No.14 of 1998 under the heading Documentation it was noted that the branch has maintained proper and systematic with few procedural irregularities and on the reverse of page 5 under column House Keeping (d) it was noted that there are no frauds. D.Narasimha Reddy/A-1 was the Manager during Ex.D1.
(iii) DW-1 further stated in his chief examination that Internal Inspection was conducted by D.Raghava Rao and N.Y.L.Narasimha Rao from 28.04.1992 to 05.05.1992 for the year 1991-92 in Andhra Bank, Bhanur Branch and their report is Ex.D2 (80 sheets). As per Ex.D2 at page 4, Andhra Bank, Bhanur
Branch was given „A‟ Rating and on the reverse of page 5 of Ex.D2 under the column House Keeping (d) it is mentioned as „No fraud at the branch‟. As per page 41 of Ex.D2, under the Deposit Loan Account of Bharat Dynamics Ltd. it is mentioned that there was an authorisation letter, dt.04.01.1992 signed by DGM-
Finance, Bharat Dynamics Ltd. to allow Deposit Loans against the deposits of
Bharat Dynamics Ltd. was on record. D.Narasimha Reddy/A-1 was the Branch
Manager during that period.
(iv) DW-1 further stated in his chief examination that P.Jayanth, Inspector of Branches has conducted inspection of Andhra Bank, Bhanur Branch for the year 1992-93 from 03.05.1993 to 15.05.1993 and his report is Ex.D3 (76 sheets). Andhra Bank, Bhanur Branch was given rating as „A - Very Good‟. As per Ex.D3 at page 54 in Section-C Serious Irregularities, none were mentioned.
D.Narasimha Reddy/A-1 was the Manager during that period. Ex.D4 is the inspection report (83 sheets) for the year 1993-94 from 13.06.1994 to 20.06.1994 of Andhra Bank, Bhanur Branch conducted by V.V.S.Narasimha Rao and Ch.Murali Krishna, Inspectors of Andhra Bank. Andhra Bank, Bhanur Branch was given rating as „A – Very Good‟ as per page 1 of Ex.D4. At page 59 to 62 under Section-C, Serious Irregularities relating to some Crop Loans, Agriculture
Term Loans and Clean Loans are mentioned. D.Narasimha Reddy/A-1 was the
P.146 CC No.14 of 1998
Branch Manager at the relevant time. I do not know whether D.Raghava Rao and N.Y.L.Narasimha Rao are still in service in Andhra Bank. I do not know whether P.Jayanth, V.V.S.Narasimha Rao, Ch.Murali Krishna are still working in
Andhra Bank or not.
(v) DW-1 in his cross-examination stated that they will fix days for completing the inspection of a branch depending on the size, sometimes it is not possible to detect all frauds within the stipulated time of inspection. DW-1 further stated in his cross-examination that when they receive a complaint they will take up detailed investigation of the transactions and the fraud will be detected, the complaints may be oral or written or anonymous. During inspection they will not verify all the transactions, it will be inspected in random and he has no personal knowledge about the inspection and transactions in
Andhra Bank, Bhanur Branch.
63. (i) Insofar as the documents marked subject to objection i.e. Ex.P595,
Ex.P599, Ex.P600, Ex.P601 to Ex.P605, Ex.P689 to Ex.P709, Ex.P716 to Ex.P719,
Ex.P723, Ex.P729 to Ex.P732, learned Public Prosecutor has relied on the decision of the Hon‟ble High Court in Sudir Engineering Company (25), wherein the Hon‟ble High Cout observed at paras 9 and 14 as under :
Para 9. “mere marking of an exhibit does not dispense with the proof of documents.”
Para 14. “When the Court is called upon to examine the admissibility of a document it concentrates only on the document. When called upon to form a judicial opinion whether a document has been proved, disproved or not proved the Court would look not at the document alone or only at the statement of the witness standing in the box; it would take into consideration probabilities of the case as emerging from the whole record.”
(ii) On perusal of Ex.P595-statement of account of M.Ramakrishna Reddy vide S.B. Account No.5307 of Andhra Bank, Jubilee Hills Branch, Hyderabad,
P.147 CC No.14 of 1998 which is marked subject to objection in the evidence of PW-29. The above said document is attested by the bank officials. Hence, the objection raised by accused counsel is negatived.
(iii) Ex.P599 and Ex.P600 are marked subject to objection in the evidence of PW-31. Ex.P599 is the original Current Account Statement of Mega City
Printers, there cannot be any objection in receiving the document in evidence.
Hence, the contention of accused counsel is negatived. Insofar as Ex.P600 is concerned, it is a xerox copy of demand draft for Rs.1,50,000/- dt.31.08.1994 in favour of City Printers, Hyderabad. As Ex.P600 is xerox copy, it is excluded from the evidence.
(iv) Ex.P601 to Ex.P605-xerox copies of Fixed Deposit Receipts, dt.05.08.1992 in favour of M/s. Jani Clancey & Richards account, are marked subject to objection in the evidence of PW-32. On perusal of the above said exhibits, they are xerox copies of Fixed Deposit Receipts of the above said firm.
Hence, they are excluded from evidence as they are xerox copies.
(v) Ex.P723 is the xerox copy of entire file pertaining to M/s. Suvnics India
Exim Ltd. marked subject to objection in the evidence of PW-40. As Ex.P723 is the xerox copy, the objections raised by accused counsel that xerox copy cannot be marked is apt and the same is excluded from evidence.
(vi) Ex.P729 to Ex.P732 are marked subject to objection in the evidence of
PW-13 subject to proving that they are certified copies. Ex.P729 is the true copy attested by Andhra Bank, Somajiguda Branch. Ex.P730 to Ex.P732 are certified under Bankers Books of Evidence Act relating to M/s. Urvasi Enterprises. As
Ex.P729 to Ex.P732 are attested, certified under Bankers Books of Evidence Act, they are taken on record. Hence, the contention of the accused counsels is hereby negatived.
P.148 CC No.14 of 1998
(vii) Insofar as Ex.P689 to Ex.P709 and Ex.P716 to Ex.P719, they are marked in the evidence of PW-40 which are the replies received by him in response to his letters. At the time of marking the documents through the above said witness no objection is raised by A-1 counsel. For the first time A-1 counsel has contended in his written arguments that the above said exhibits cannot be read in evidence as the same are hit by Section 161 Cr.P.C. and relied on the decisions of Kaliram vs. State of Himachalpradesh (7) , Bipin Shantilal vs.
State of Gujarat (8) , H.Siddiqui (D) by Lrs vs. A.Ramalingam (9). As stated supra, as A-1 counsel did not raise objection while marking the above said documents as exhibits and he cannot put forth that the above said exhibits are hit by Section 161 Cr.P.C. and the decisions cited supra are not applicable to the case on hand. Hence, the contention of A-1 counsel is negatived.
64. (i) Learned counsel for A-1 contended that the public servants who are shown as accused in the case i.e. M.Aravind Reddy/A-4, B.Venkateswara Rao/
A-24, T.Venkat Rao/A-25 were discharged by this Court and D.Narasimha
Reddy/A-1 also stands on the same footing of discharged public servants.
(ii) M.Aravind Reddy/A-4 filed an application to discharge him from the case vide Crl.M.P.No.606/2001 and this Court vide order dt.06.07.2001 allowed the application and discharged him from the case. It is stated in the order that
M.Aravind Reddy/A-4 was working as an officer, Andhra Bank, Estates
Department, Central Office, Hyderabad and there are no allegations of falsification of accounts against A-4, the only link in between A-1/D.Narasimha
Reddy and A-4/M.Aravind Reddy is that both are employees of Andhra Bank but working in altogether different branches and different buildings situated far away. M.Aravind Reddy/A-4 is the brother of Madadi Ramakrishna Reddy/A-16 who helped him in bank transactions and Madadi Ramakrishna Reddy/A-16 and
P.149 CC No.14 of 1998
Anantha Ram Reddy/A-17 have filed discharge petitions vide Crl.M.P.Nos.121 & 122/2001 respectively to discharge them from the case and they were discharged vide order dt.02.07.2001 as they have returned the amount promptly as soon as they came to know the source of amount is not legal and that
D.Narasimha Reddy/A-1 has played the mischief in that regard.
(iii) B.Venkateswara Rao/A-24 and T.Venkat Rao/A-25 have filed
Crl.M.P.No.71/1999 under Section 239 Cr.P.C. to discharge them from the case.
This Court vide common order dt.02.07.1991 has discharged A-24 and A-25. It is observed in paras 21, 25 and 28 of the order as under:
Para 21. A-24 has joined in Bhanur Branch of Andhra Bank in July‟
90. A-24 left the said bank in July‟ 92. Similarly A-25 joined on 16.5.98 as Rural Development Officer (Bhanur branch). He left the said Bhanur branch on 3.8.91. A-1 worked in the Bhanur branch of Andhra Bank from 2.7.90 to 2.2.95. Till A-1 joined in the Bhanur branch, there is no such activities of alleged defrauding.
Para 25. Admittedly A1 is superior officer to A-24 and A-25. In absence of any monetary benefit drawn by the accused No.24 and 25 out of the transaction alleged against them, no motives can be attributed to them for filling of the voucher, allowing the account to be opened etc., There were no such allegation against them prior to A1 joining the Bank. No iota of evidence is placed that there is meeting of mind so far as A1 with A24 and A-25. They can not be found fault with for discharging their duties as subordinates. If they were to have defrauded it would be easy to find out from day book of the records.
Para 28. Admittedly in the present case there is no imputation that A-24 and A-25 shared any intention or knowledge with A1 while performing their respective duties in the Bank. There are no allegations that A-24 and A-25 have indulged in any such activities prior to joining A1.
(iv) M.Aravind Reddy/A-4, B.Venkateswara Rao/A-24 and T.Venkat Rao/
A-25 stands on a different footing with that of A-1/D.Narasimha Reddy. As stated supra, A-4, A-24 and A-25 are discharged by this Court as no prima facie case is established against them and D.Narasimha Reddy/A-1 cannot be put on the same pedestal as the prosecution has levelled allegations against D.Narasimha
Reddy/A-1 in causing loss to Andhra Bank, Bhanur Branch in the capacity of the
P.150 CC No.14 of 1998
Manager from 02.07.1990 to 02.02.1995. Hence, the contention of A-1 counsel is negatived.
65. (i) Learned counsel for A-1 has strongly placed reliance on Ex.D1 to Ex.D4 and contended that Andhra Bank, Bhanur Branch was graded „A‟ and non- compliance of certain procedures are technical mistakes, do not violate legal provisions.
(ii) As per the case of the prosecution, D.Narasimha Reddy/A-1 worked as
Branch Manager in Andhra Bank, Bhanur Branch from 02.07.1990 to 02.02.1995.
Ex.D1-Audit Report is pertaining to the year 1990-91 which is from 07.05.1991 to 11.05.1991 (4 days), Ex.D2 is for the year 1991-92 from 28.04.1992 to 05.05.1992 (8 days), Ex.D3 is for the year 1992-93 from 03.05.1993 to 15.05.1993 for 12 days, Ex.D4 is for the year 1993-94 from 13.06.1994 to 20.06.1994 for a period of 7 days. PW-2 has stated in his cross-examination that
Vigilance Department looks after the implementation of Vigilance inspection procedures but not on the performance basis. As per the evidence of PW-40, there is an outstanding balance of Rs.3,72,78,358/- as on 15.06.1994. Ex.D1 is audited by M/s. Anand & Associates, Auditors, Hyderabad. Ex.D2 is the Internal
Inspection Report conducted by D.Raghava Rao and N.Y.L.Narasimha Rao.
Ex.D3 is the inspection report conducted by P.Jayanath. Ex.D4 is the inspection report conducted by V.V.S.Narasimha Rao and Ch.Murali Krishna for a certain period only. The admission made by DW-1 in his cross-examination that during inspection they will not verify all the transactions, it will be inspected in random and he has no personal knowledge about the inspection and transactions in
Andhra Bank, Bhanur Branch. This itself goes to show that Ex.D1 to Ex.D4 are not much helpful to the case of D.Narasimha Reddy/A-1.
P.151 CC No.14 of 1998
66. Learned counsel for A-1 has relied on the following decisions :
(i) (a) In R.Balakrishna Pillai vs. State of Kerala (1), the facts are that
R.Balakrishna Pillai/A-1 while functioning as Minister for Electricity, Government of Kerala from May, 1982 to June, 1985 and P.Kesav Pillai/A-2 while functioning as Technical Member/Chairman of Kerala State Electricity Board criminally conspired to sell electricity to State of Karnataka to be supplied to M/s. Graphite
India Ltd., Bangalore without the consent of Kerala Government which is an illegal act under the provisions of Electricity Supply Act, 1948 and Kerala
Electricity Board Rules and caused the private industry obtained undue pecuniary advantage to a tune of Rs.19,58,630.40 and resultant profits, thereby committed an offence under Section 5(2) r/w 5(1)(b) of P.C. Act, 1947. A-1 and A-2 refuted the prosecution case and they were put on trial. The trial Court after concluding the evidence sentenced A-1 and A-2 to simple imprisonment for a period of one year and fine of Rs.10,000/- each, in default to undergo simple imprisonment for a further period of two months. A-1 and A-2 preferred appeal before the Hon‟ble
High Court. The Hon‟ble High Court has maintained the conviction of A-1 and
A-2. A-1 and A-2 having dissatisfied with the decision of the Hon‟ble High Court preferred appeal before the Hon‟ble Supreme Court. The Hon‟ble Supreme Court has observed at para 46 as under:
“Para 46. .....offence which would require an intention to accompany the act. The element of mental state would be necessary to do a conscious act to get the required result of pecuniary advantage or to obtain any valuable thing, even if it is for someone else, then too element of mental state must be there at the relevant time. In view of the facts and circumstances indicated in the discussion held earlier in this judgment, and findings recorded on facts, we firstly hold that facts leading to charges are not proved and we also find that the element of mens rea and intention is totally lacking.” and allowed the appeal, set aside the judgment of the High Court.
(b) Coming to the case on hand, the present case is pertaining to bank fraud in Andhra Bank, Bhanur Branch wherein A-1/D.Narasimha Reddy worked
P.152 CC No.14 of 1998 as Manager. The facts in the above decision are in respect of supply of electricity to M/s. Graphite India Ltd. The facts in the present case and the facts in the above decision are not one and the same, hence the same is not applicable to the case on hand.
(ii) (a) In P.Satyanarayana Murthy vs. District Inspector of Police and another (2), the facts are that S.Jaganmohan Reddy lodged a complaint to
Deputy Superintendent of Police, ACB, Kurnool alleging that P.Satyanarayana
Murthy who at the relevant time was the Assistant Director, Commissionerate of
Technical Education, Hyderabad, had on 03.10.1996 demanded illegal gratification of Rs.1,000/- for effecting renewal of typing institute of the complainant which is run under the name and style of Rama Typewriting
Institute in Lakminagar B Camp, Kurnool, the demand was scaled down to
Rs.500/-. P.Satyanarayana Murthy asked the complainant (Jaganmohan Reddy) to meet him on 04.10.1996 in Room No.68 of Meenakshi Lodge, Kurnool with the demanded money. Trap was laid and charge sheet is filed against
P.Satyanarayana Murthy under Section 7 and 13(1)(d)(i) & (ii) r/w 13(2) of P.C.
Act. The trial Court after conclusion of the evidence convicted P.Satyanaraya
Murthy/Accused under the above said sections and sentenced him to undergo
R.I. for one year on each count and to pay fine of Rs.1,000/-, in default to suffer
S.I. for three months for each offences. Accused preferred Appeal before the
Hon‟ble High Court. The Hon‟ble High Court has upheld the conviction under
Section 13(1)(d)(i) & (ii) r/w 13(2) of the Act and set at naught the conviction under Section 7 of the Act. Accused having dissatisfied approached the Hon‟ble
Supreme Court and the Hon‟ble Supreme Court held at para 25 as under:
“Para 25. “Suspicion, however grave, cannot take the place of proof and the prosecution cannot afford to rest its case in the realm of “may be” true but has to upgrade it in the domain of “must be” true in order to steer clear of any possible surmise or conjecture. It was held that the court must ensure that miscarriage of justice is avoided and if in
P.153 CC No.14 of 1998 the facts and circumstances, two views are plausible, then the benefit of doubt must be given to the accused.”
(b) Coming to the case on hand, the present case is pertaining to bank fraud in Andhra Bank, Bhanur Branch wherein A-1/D.Narasimha Reddy worked as Manager. The facts in the above decision are in respect of trap case whereunder the accused P.Satyanarayana Murthy conviction was set aside by the
Hon‟ble Supreme Court as prosecution failed to prove demand of illegal
gratification. The facts in the present case and the facts in the above decision are not one and the same, hence the same is not applicable to the case on hand.
(iii) (a) In Abdulla Mohammed Pagarkar vs. State (union of territory of Goa, Daman & Diu) (3) the facts relating to the case are in respect of the work of deepening and widening the Kumbarjua Canal which connects
River Zuari with River Mandovi at Aguada.
(b) The Hon‟ble Supreme Court has observed at para 20 that “the irregularities no doubt furnish a circumstance giving rise to a strong suspicion in regard to the bonafides of the appellants in the matter of the execution of work but suspicion, however strong, cannot be a substitute for proof. And it is certainly not permissible to place the burden of proof of innocence on the person accused of a criminal charge.”
(iv) (a) In Ramdas vs. State of Maharashtra (4), the facts in the case is in respect of Section 302 of IPC where Ramdas was tried on a charge of murdering his wife Smt. Shanta Bai on 12.09.1972 by forcible administration of poison. The Court at first instance has acquitted the accused as there was no sufficient evidence. State had preferred appeal before High Court of Bombay which turned down the acquittal of trial Court and sentenced Ramdas for life imprisonment. In appeal by Ramdas the Hon‟ble Supreme Court observed that
P.154 CC No.14 of 1998 circumstantial evidence did not prove the case against the accused and allowed the appeal by setting aside the judgment of the High Court of Bombay.
(b) The above said decision is not applicable to the case on hand as the offences charged against the accused No.1 herein are under Sections 13(2) r/w 13(1)(d) of P.C. Act and Sections 120-B, 420, 471 and 477A of IPC as the facts in the above decision and the facts in the present case are not one and the same.
(v) In S.P.Bhatnagar vs. State of Maharashtra (5), the facts in the case are that in the year 1964 Indian Oil Corporation which is a government owned company decided to purchase 13.00 Acres and odd of a hilly tract of land situated in village Mahui in Trombay (Bombay). S.P.Bhatnagar/A-1,
A.S.Krishnaswamy/A-2 were prosecuted under Section 5(1) r/w 5(2) of P.C. Act, 1947 and other IPC offences along with other accused. S.P.Bhatnagar/A-1 and
A.S.Krishnaswamy/A-2 were convicted by the Special Judge for the offences charged with, sentenced A-1 to six months simple imprisonment on each of the said two counts as well as convicting S.Krishnaswamy/A-2 under the aforesaid two counts but reducing his sentence from nine months imprisonment to six months simple imprisonment. The order of the first Court is affirmed by the High
Court of Bombay. In appeal by the accused Hon‟ble Supreme Court has observed that “non-examination of Ram Rao, Joshi, Vora and Patil is fatal to the case of the prosecution” and set aside the conviction.
(vi) (a) In Sujit Biswas vs. State of Assam (6), the facts are that Sujit
Biswas was tried for the offences under Section 302, 376(2)(f) of IPC for committing rape and murder of Simakhatoon. The case was tried by Additional
Sessions Judge (FTC) No.3, Kamrud, Guwahati, after full trial Sujit Biswas was
convicted for the above said offences, sentencing him to death. Accused preferred appeal before the High Court wherein the High Court has commuted
P.155 CC No.14 of 1998 the death sentence to life imprisonment. Accused preferred appeal before the
Hon‟ble Supreme Court wherein the judgments passed by the Courts below were
set aside on the ground that circumstances were not put to the accused while he was examined under Section 313 Cr.P.C. by the trial Court.
(b) The above said decision is not applicable to the case on hand as the facts therein and the facts in the present case are not one and the same.
Moreover, the present case is in respect of bank fraud and it is not the case of
A-1 that incriminating evidence is not put in 313 examination.
67. (i) As per Ex.P671-FIR, dt.09.02.1995 in RC.8(A)/1995-CBI/HYD, the accused arrayed therein are D.Narasimha Reddy/A-1, Madhusudan K. Jani/A-2 and B.Sivaneelakanta/A-3. Ex.P672 is another FIR, dt.09.02.1995 in
RC.9(A)/1995-CBI/HYD, the accused therein are D.Narasimha Reddy/A-1,
Madhusudan K. Jani/A-2 and M/s. Amogh Business Links/A-3. PW-40 has filed charge sheet against 25 persons who are A-1 to A-25.
(ii) Learned counsels for the accused contended that report of PW-2 is not filed and the inspection report is the basis for CBI investigation, in absence thereof prosecution has failed to prove the case. Learned Public Prosecutor to buttress the contentions of the accused counsels, contended that report given by
PW-2 is an internal report for taking disciplinary action against A-1 and mere non-filing of the report is not fatal to the case of the prosecution.
(iii) Prosecution has not filed the inspection report done by PW-2 and his team members which was conducted in the month of February, 1995. PW-40 in his cross-examination has stated that his investigation is based on the complaint and not on the inspection report given by PW-2. Though PW-2 is not a witness to the transactions i.e. for Ex.P3 to Ex.P539, but the documents were marked through him as he could identify the handwritings of D.Narasimha Reddy/A-1 on
P.156 CC No.14 of 1998 the debit and credit vouchers, Demand Draft application forms. Non-filing of inspection report of PW-2 is not fatal to the case of the prosecution and the investigation in the case is based on Ex.P1 and Ex.P2, hence the contentions of the accused counsels is negatived.
68. (i) PW-2 has stated in his evidence that D.Narasimha Reddy/A-1 while discharging his duties as Branch Manager in Andhra Bank, Bhanur Branch has prepared the debit and credit vouchers and also prepared Demand Draft application forms which are Ex.P89 to Ex.P91, Ex.P101, Ex.P107, Ex.P108,
Ex.P112 to Ex.P114, Ex.P120 to Ex.P123, Ex.P126, Ex.P127, Ex.P132, Ex.P136,
Ex.P137, Ex.P144, Ex.P150, Ex.P151, Ex.P164 to Ex.P166, Ex.P173 to Ex.P182,
Ex.P188, Ex.P189, Ex.P191, Ex.P193, Ex.P197, Ex.P202, Ex.P205, Ex.P213,
Ex.P218, Ex.P223, Ex.P224 to Ex.P226, Ex.P229, Ex.P231, Ex.P232, Ex.P243,
Ex.P249, Ex.P250, Ex.P271, Ex.P272, Ex.P290, Ex.P295, Ex.P320, Ex.P409,
Ex.P413, Ex.P417, Ex.P418, Ex.P429, Ex.P432, Ex.P440, Ex.P433 to Ex.P446,
Ex.P448 to Ex.P454, Ex.P474, Ex.P475, Ex.P497, Ex.P507 to Ex.P509.
(ii) PW-2 deposed that D.Narasimha Reddy/A-1 has authorised the debit vouchers while discharging his duties as Branch Manager in Andhra Bank, Bhanur
Branch which are Ex.P224 to Ex.P226, Ex.P227, Ex.P316, Ex.P341, Ex.P433 to
Ex.P446, Ex.P448 and Ex.P449. While things stood thus, D.Narasimha Reddy/
A-1 has also prepared the cheques covered by Ex.P119 and Ex.P431.
(iii) It is germane to note that D.Narasimha Reddy/A-1 has signed on
Ex.P125, Ex.P167 and Ex.P171-Demand Drafts which are in favour of the respective parties, which is deposed by PW-2 and on Ex.P95 to Ex.P99,
D.Narasimha Reddy/A-1 has mentioned in the Demand Draft application forms as „M/s. BDL‟ at applicant‟s signature place. An amount of Rs.300/- is debited in
P.157 CC No.14 of 1998 favour of D.Narasimha Reddy/A-1 vide ASB Account No.184 under Ex.P235-debit voucher, dt.18.09.1992.
(iv) PW-7 who worked as Cashier in Andhra Bank, Bhanur Branch from 1988 to 1995 has identified the handwriting of D.Narasimha Reddy/A-1 on
Ex.P550 wherein he stated that the debit voucher, dt.13.12.1991 for S.B.
Account No.824 for Rs.10.00 lakhs which was written and passed by
D.Narasimha Reddy/A-1 and cash is paid to him (A-1).
(v) PW-7 has also deposed that D.Narasimha Reddy/A-1 has passed
Ex.P548-cheque, dt.12.08.1991 for Rs.26,000/- in Account No.824 and also passed the debit voucher under Ex.P566 and Ex.P567 in C.D. Account No.194 of
M/s. Suvarna Electronics Pvt. Ltd.
(vi) D.Narasimha Reddy/A-1 while discharging his duties as Branch
Manager, Andhra Bank, Bhanur Branch has not carried out the loan transaction entries in the registers maintained at the bank which are as under :
Ex.P82, Ex.P89, Ex.P126, Ex.P166, Ex.P295 and Ex.P341 are not entered in Ex.P8-Deposit Loan Register.
Ex.P101 is not entered in Ex.P8-Deposit Loan Register and also in Ex.P21-BDL Current Account Register at page 21.
Ex.P106 is not entered in Ex.P8-Deposit Loan Register and also in Ex.P21-BDL Current Account Register at page 23.
Ex.P111 is not entered in Ex.P8-Deposit Loan Register and also in Ex.P21-BDL Current Account Register at page 33.
Ex.P120 is not entered in Ex.P8-Deposit Loan Register and also in Ex.P21-BDL Current Account Register at page 50.
Ex.P136 is not entered in Ex.P8-Deposit Loan Register and also in Ex.P21-BDL Current Account Register at page 55.
Ex.P503 is not entered in Ex.P9-Deposit Loan Register.
Ex.P95 to Ex.P99 are not entered in Ex.P21-BDL Current Account Register at page 15.
Ex.P100 is not entered in Ex.P21-BDL Current Account Register at page 20.
P.158 CC No.14 of 1998 Ex.P165 is not entered in Ex.P22-BDL Current Account Register at page 30.
Ex.P215 is not entered in Ex.P22-BDL Current Account Register at page 61.
Ex.P223 is not entered in Ex.P22-BDL Current Account Register at page 78.
Ex.P227 is not entered in Ex.P22-BDL Current Account Register at page 85.
Ex.P290 is not entered in Ex.P23-BDL Current Account Register at page 23.
Ex.P392 is not entered in Ex.P26-BDL Current Account Register at page 60.
Ex.P473 is not entered in Ex.P27-BDL Current Account Register at page 12.
Ex.P474 is not entered in Ex.P27-BDL Current Account Register at page 14.
Ex.P478 is not entered in Ex.P27-BDL Current Account Register at page 16.
Ex.P452 and Ex.P458 are not entered in Ex.P73-Sundry Debtors and Creditors Register at page 8.
Ex.P408 and Ex.P419 are not entered in Ex.P74-Ledger Sheet of A.V.K.Raju/A-11 (died).
Ex.P121 and Ex.P122 are not entered in Ex.P75-Ledger Sheet of P.S.Shaw/A-23 (died).
Ex.P133, Ex.P139, Ex.P143, Ex.P144, Ex.P150, Ex.P156 and Ex.P188 are not entered in Ex.P76-Ledger Sheet of M/s. Meridian Granites Pvt. Ltd.
Ex.P197 is not entered in Ex.P81-Ledger Sheet of K.Ravi Shankar.
Ex.P167 is not entered in Ex.P170-Ledger opening form and Ledger Sheet of M/s. Karti Constructions.
Ex.P187, Ex.P193 and Ex.P194 are not entered in Ex.P190-Current Account opening form and ledger sheet of M/s. ARK Builders.
P.159 CC No.14 of 1998
(vii) PW-7 deposed that he has paid cash to D.Narasimha Reddy/A-1 under Ex.P542 to Ex.P547, Ex.P549 to Ex.P573, so also PW-37 deposed that he has paid cash to D.Narasimha Reddy/A-1 under Ex.P427 and Ex.P439.
(viii) PW-38 deposed that the person who wrote the writings marked as
S-19 to S-34, S-47 to S-55 (Ex.P656) and A-1 to A-9 (Ex.P660) also wrote the writings marked as Q-24, Q-25 (Ex.P408), Q-26 (Ex.P410), Q-27 and Q-28 (Ex.P411), Q-29 and Q-30 (Ex.P412), Q-37 (Ex.P424), Q-38 and Q-39 (Ex.P427),
Q-40 and Q-41 (Ex.P425) Q-42 and Q-43 (Ex.P431), Q-44 and Q-45 (Ex.P439),
Q-46 and Q-47 (Ex.P445) and Q-75. The person who wrote the writings as S-19 to S-34, S-47 to S-55 (Ex.P656), A-1 to A-9 (Ex.P660), A-19 to A-24 (Ex.P661) also wrote the writings marked as Q-86 (Ex.P518), Q-87 (Ex.P519), Q-90 (Ex.P498) and Q-91 (Ex.P508), which goes to show that the documents are forged documents.
(ix) The evidence of PW-2 coupled with the evidence of PW-6, PW-7,
PW-8, PW-9, PW-18 and PW-38 and the exhibits, stated above, goes to prove that D.Narasimha Reddy/A-1 in the capacity of Branch Manager, Andhra Bank,
Bhanur Branch has prepared vouchers, Demand Drafts, cheques and also authorised debit vouchers, signed on Demand Draft vouchers and applications in violation of banking rules without sanction from higher authorities and cheated the bank by using as genuine the forged documents and with falsification of accounts by abusing his official position and committed the offence. Prosecution could able to prove the charges framed against A-1.
(x) The decision in Adbulla Mohammed Pagarkar (3) case is not applicable to the case on hand as the same is pertaining to widening of canal.
Charges against the accused in the present case are proved in view of the above discussion.
P.160 CC No.14 of 1998
(xi) The decision in S.P.Bhatnagar (5) case is not applicable to the case on hand as important witnesses were not examined by the prosecution in the above said case and the evidence was based on circumstantial evidence.
Coming to the case on hand, there is documentary and oral evidence against A-1 as discussed supra.
69. (i) Learned counsel for A-3, A-12 has contended that the private persons i.e. A-16 to A-20 are discharged from the case which is confirmed by the Hon‟ble
Supreme Court, the same applies to the above said accused.
(ii) M.Ramakrishna Reddy/A-16 filed Crl.M.P.No.121/2001 to discharge him from the case. M.Anantha Ram Reddy/A-17 filed Crl.M.P.No.122/2001 to discharge him from the case and this Court vide common order dt.02.07.2001 allowed the applications filed by A-16 and A-17 and discharged them from the case. It is observed in para 39 of the order as under :
Para 39. If the accused wanted to cheat the Bank or for that matter to any third party, they would have invented some other method to avoid detection of the amount and would not have shown in the regular account book. The accused No.16 and A-17 have probably did not have any idea that the source of the amount is not legal. This is amply proved from the fact that after they came to know about the F.I.R. against A1 to A3 they have promptly returned the said amount. A-16 has repaid Rs.1207500/- on 6.3.95 and A17 he also promptly repaid Rs.28,92,283/-. The quantum of amount shown in their regular book of account and returning of the said amount shows absolute lack of illmotives. Except A-16 and A-17 probably no other accused have shown the courage to repay the amount. The conduct of the accused has to be duly appreciated. They can not be made to stand for trial just because they are arrayed as accused by prosecution.
(iii) Meda Ramakrishna Reddy/A-18 and M.Raghunath Reddy/A-19 have filed joint application to discharge them from the case vide Crl.M.P.No.629/2001.
This Court vide order dt.31.01.2002 allowed the application filed by A-18 and
A-19 and discharged them from the case and observed at para 11 as under :
P.161 CC No.14 of 1998
Para 11. A reading of paras 17, 17.1 and 17.2 (charge sheet) does not primafaciely disclosed that A-18 and A-19 have participated in any crime alleged against them by executing any document or issuing any authorisation in that regard. There is no serious allegation against A-19. A-18 is roped in this offence as he had executed GPA in favour of A-19. In paras 17.2, the allegation against A-18 is that he had deposited Rs.3,13,982/- on 6.6.1994 under KTD6A/94-95 and on 5.12.1991 he deposited a sum of Rs.25,000/- in KTD 155/91 thus total value of the deposit was Rs.4.00 lakhs. It is alleged that A-19 issued a cheque without cancelling the deposit and the cheques were passed. It is clear that there is sufficient amount available in the bank account for Rs.4.00 lakhs. The cheque was also issued for the similar amount. It was for the A-1 to refuse to pass the said cheque as he had knowledge about the amount in KTD referred above. It is A-1 who has passed the cheque, presented to the bank. This by itself does not constitute offence against accused, specially when there is amount available in the bank. When a cheque is presented in irregular way it is for the bank authorities (in this case A-1) either to allow the cheque to be passed or to return it with memo by specifying reasons. It is mentioned in charge sheet that A1 had knowledge about A-19 not cancelling the above deposits.
(iv) A.V.Narayana Reddy/A-20 has filed discharge application under
Section 239 Cr.P.C. vide Crl.M.P.No.627/2001 and this Court vide order dt.12.7.2001 allowed the application of A-20 and discharged him from the case, it is observed in paras 10 & 11 of the order as under :
Para 10. Admittedly as per charge sheet D.D. applications were prepared by Sri D.N.Reddy (A1). The name of Accused No.20 is A.V.Narayana Reddy. One P.Surya Prakash represented D.Ds on 16.9.92. A1 has made debit to the Current account of Bharat Dynamic Ltd., without any authorisation. Sri P.Surya Prakash and not A-20, presented the D.D. on 16.9.92 on behalf of M/s. Bhavani and Company, a partnership firm. A20 is one of the Promoter/Partner in the said firm. The D.Ds were handed over to P.Surya Prakash by A-20 on the day of auction. This amount was meant for arrack contract for excise year 1992-93. The D.D. was in favour of Supdt. of Excise, Nizamabad. If A20 was to defraud the Bank he would not have obtained D.D. in favour of Govt. Agency and that too for handing it over for excise contract. A20 would have got the D.D. or its equivalent cash in his favour leaving no trace of said amount.
Para 11. The analysis of the above circumstances shows that there is no meeting of mind in between A1, A4 and A20. The thurst of allegations are made against A1 only who has even prepared debit voucher. Normally no bank will issue Demand Draft in favour of anyone without deposit of cash and D.D. charges.
P.162 CC No.14 of 1998
(v) (a) B.S.Neelakanta/A-3 filed Crl.M.P.No.967/2018 under Section 294
Cr.P.C. the same was allowed on 21.01.2019 but the said document is not marked in evidence. However, the documents which are filed by A-3 are certified copies of compromise in O.S.No.75/1998 on the file of III Additional
Chief Judge, City Civil Court, Hyderabad.
(b) On perusal of certified copy of the terms of compromise, the plaintiff in the suit (O.S.No.75/1998) is Andhra Bank, Bhanur Branch represented by its
Senior Manager. Terms of compromise is filed by defendant No.2/
B.S.Neelakanta (A-3 in the present case), defendant No.6, defendants No.23 to 26, defendant No.41, defendant No.42/Butta Sivakumar (A-12 in the present case), defendants No.43 to 49 therein. The tenor of compromise is that the defendants stated above have approached the plaintiff for an out of Court settlement and offered to pay a sum of Rs.7,20,00,000/- as one-time settlement.
It is stated in para 1 (page No.8) of the Joint Memorandum of Compromise that “In consideration of Rs.7,20,00,000/- paid by defendant No.2/B.S.Neelakanta (A-3 in the present case) for himself and on behalf of defendants No.6, 23 to 26 and 41 to 49 to the plaintiff bank by way of NEFT and withdrawal of the suits viz.
O.S.No.318/2001 and O.S.No.280/2002 by the respective plaintiffs, the plaintiff
has agreed to withdraw the present suit namely O.S.No.75/1998 against the above said defendants without prejudice to the prosecution of criminal case (C.C.No.14/1998) and the suit was dismissed against the above said defendants in view of the compromise.
(c) As per the above said compromise, O.S.No.318/2001 (Ex.P727) and
O.S.No.280/2002 (Ex.P728) are to be withdrawn by the plaintiffs which
particulars are stated in para 37(i) & (ii) supra.
P.163 CC No.14 of 1998
70. (i) A-3 is having Savings Bank Accounts in different banks and branches which are as under :
a. Savings Bank Account No.271 in the name of B.S.Neelakanta/A-3 in Andhra Bank, Ameerpet Branch.
b. Savings Bank Account No.24740 in the name of B.S.Neelakanta/A-3 in Andhra Bank, Vijayanagar Colony Branch.
c. Savings Bank Account No.824 in the name of B.S.Neelakanta/A-3 in Andhra Bank, Bhanur Branch.
d. Savings Bank Account No.1403 in the name of B.S.Neelakanta/A-3 in The Federal Bank Ltd., Lakdikapool Branch.
(ii) (a) B.S.Neelakanta/A-3 has encashed the cheque for Rs.7,50,000/- under Ex.P105 issued by Andhra Bank, Bhanur Branch from his Savings Bank
Account No.271. Ex.P116-Demand Draft for Rs.48,280/- issued by Bhanur
Branch in favour of A-3 was presented in Savings Bank Account of Andhra Bank,
Ameerpet Branch and vide Ex.P118 B.S.Neelakanta/A-3 has withdrawn
Rs.48,000/- from his Savings Bank Account No.271. Ex.P128 is the Demand
Draft issued by Andhra Bank, Bhanur Branch in favour of B.S.Neelakanta/A-3 for
Rs.2,50,000/- and the above said D.D. was credited to Savings Bank Account
No.271 of Andhra Bank, Ameerpet Branch vide pay-in-slip under Ex.P129.
(b) B.S.Neelakanta/A-3 has withdrawn Rs.2,50,000/- from S.B. Account
No.271 of Andhra Bank, Ameerpet Branch under Ex.P130. Andhra Bank, Bhanur
Branch has issued Demand Draft in favour of B.S.Neelakanta/A-3 for
Rs.1,00,000/- under Ex.P133 and the same was credited to his Savings Bank
Account No.271 in Andhra Bank, Ameerpet Branch. Andhra Bank, Bhanur Branch has transferred Rs.3.00 lakhs under Ex.P219-credit voucher to the account of
B.S.Neelakanta/A-3 at Ameerpet Branch and he/A-3 has withdrawn the above said amount under Ex.P222-self cheque. Under Ex.P274, an amount of Rs.15.00 lakhs is transferred from Andhra Bank, Ameerpet Branch to the credit of
B.S.Neelakanta/A-3 in S.B. Account No.271 by debiting CD-240.
P.164 CC No.14 of 1998
B.S.Neelakanta/A-3 has withdrawn the amounts from Savings Bank Account
No.271 covered by Ex.P275 to Ex.P278. Under Ex.P291-credit voucher of Andhra
Bank, Bhanur Branch, an amount of Rs.10.00 lakhs was transferred to the
Savings Bank Account of B.S.Neelakanta/A-3 vide SB-271 at Ameerpet Branch and B.S.Neelakanta/A-3 has withdrawn the above said amount under Ex.P294- self cheque.
(c) Ex.P303 is the Demand Draft issued by Andhra Bank, Bhanur Branch in favour of B.S.Neelakanta/A-3 for Rs.1,75,000/- and under Ex.P308
B.S.Neelakanta/A-3 has withdrawn Rs.1,75,000/- from his S.B. Account No.271.
Under Ex.P310, an amount of Rs.5.00 lakhs is credited to S.B. Account No.271 of
B.S.Neelakanta/A-3 and the said amount is withdrawn by B.S.Neelakanta/A-3 under Ex.P313-withdrawal voucher. Under Ex.P372, an amount of Rs.3.00 lakhs is credited to SB-24740 of B.S.Neelakanta/A-3 account at Andhra Bank,
Vijayanagar Colony Branch by Andhra Bank, Bhanur Branch, B.S.Neelakanta/A-3 has withdrawn the above said amount under Ex.P374. Under Ex.P420, an amount of Rs.6.00 lakhs is transferred to the credit of B.S.Neelakanta/A-3 account at Andhra Bank, Vijayanagar Colony Branch and the amount is credited in his account under Ex.P422.
(d) Under Ex.P437-internal advice of Andhra Bank, Bhanur Branch, an amount of Rs.5.00 lakhs is transferred to S.B. Account No.24740 of
B.S.Neelakanta/A-3 at Andhra Bank, Vijayanagar Colony Branch and the same was credited to his account under Ex.P438. Under Ex.P536, Andhra Bank,
Bhanur Branch has issued Demand Draft in favour of B.S.Neelakanta/A-3 for
Rs.40,147.47 and the same was credited in SB-271 of Andhra Bank, Ameerpet
Branch.
(e) The transfer of amounts from Andhra Bank, Bhanur Branch to the
Savings Bank Accounts of B.S.Neelakanta/A-3, stated supra, goes to show that
P.165 CC No.14 of 1998 the amounts were transferred from Andhra Bank, Bhanur Branch. A question is put to PW-2 by A-3 counsel that B.S.Neelakanta/A-3 had no knowledge that the amounts received by him are tainted and he came to know for the first time when CBI has enquired A-3 during 1995. After a period of 10 years
B.S.Neelakanta/A-3 and other defendants have compromised the matter with
Andhra Bank, Bhanur Branch by paying the amount.
(iii) In Central Bureau of Investigation, New Delhi vs. B.B.
Agarwal and others (11), the Hon‟ble Supreme Court has observed at paras 12 and 15 as under :
Para 12. “The High Court was of the view that on resettlement of accounts, the parties obtained the consent decree from DRT and paid the entire sum, therefore, there is no live issue, which now survives. The High Court then examined the question as to whether the issue of criminality is involved so as to allow the trial court to continue on its merits. After examining this issue with reference to charges and documents, the High Court held that no criminality issue is found involved notwithstanding the settlement of the case between the parties.”
Para 15. “We find no merit in her submission. When we take into account the entire undisputed controversy mentioned above, we also find that there is no criminality issue surviving qua those accused, who are alive so as to allow the prosecuting agency to continue with the criminal trial on merits. Indeed, it would be an abuse of process, as was rightly held by the High Court to which we concur.”
(iv) (a) In Munnalal Agarwal and others (12), the Hon‟ble High Court has observed that “In the present case also during pendency of the investigation, the matter has been settled in terms of compromise and the entire amount has been paid. It is also not in dispute that the de facto complainant-bank has also issued certificates stating that there are no outstanding dues payable by Shakti
Steels and Arien Steels Limited.”
(b) It is also observed in the last para that “Considering the above settled law and also taking into consideration the fact that entire case involved default in repayment of debt to the bank and even before filing of the charge sheet, the
P.166 CC No.14 of 1998 liability to make good the monetary loss suffered by the de facto complainant- bank had been mutually settled between the parties....”
71. Learned Public Prosecutor contended that though a party entered into a compromise with the bank by paying the money that does not absolve the accused from criminal charges and cited the following decisions :
(i) (a) In State of Madhya Pradesh vs. Lakshminarayana and others (22), the Hon‟ble Supreme Court has observed in para 14 as under :
Para 14. “Insofar as the present case is concerned, the High Court has quashed the criminal proceedings for the offences under Sections 307 and 34 IPC mechanically and even when the investigation was under progress. Somehow, the accused managed to enter into a compromise with the complainant and sought quashing of the FIR on the basis of a settlement. The allegations are serious in nature. He used the fire arm also in commission of the offence. Therefore, the gravity of the offence and the conduct of the accused is not at all considered by the High Court and solely on the basis of a settlement between the accused and the complainant, the High Court has mechanically quashed the FIR, in exercise of power under Section 482 of the Code, which is not sustainable in the eyes of law.” and set aside the order of the High Court by observing that proceedings be proceeded against the accused according to law.”
(b) The above said decision relied by learned Public Prosecutor is not applicable to the case on hand as the compromise is entered between the parties for the offences under Section 307 and 34 of IPC. The facts in the above decision and the facts in the present case are not one and the same.
(ii) In State of Maharashtra through CBI vs. Vikram Anantrai
Doshi and others (23), the Hon‟ble Supreme Court has observed at para 23 as under :
Para 23. “.............that availing of money from a nationalized bank in the manner, as alleged by the investigating agency, vividly exposits fiscal impurity and, in a way, financial fraud. The modus operandi as narrated in the chargesheet cannot be put in the compartment of an individual or personal wrong. It is a social wrong and it has immense societal impact. It is an accepted principle of handling of finance that whenever there is manipulation and cleverly conceived contrivance to avail of these kind of benefits it cannot be regarded as a case having
P.167 CC No.14 of 1998 overwhelmingly and predominantingly of civil character. The ultimate victim is the collective. It creates a hazard in the financial interest of the society. The gravity of the offence creates a dent in the economic spine of the nation. The cleverness which has been skillfully contrived, if the allegations are true, has a serious consequence. A crime of this nature, in our view, would definitely fall in the category of offences which travel far ahead of personal or private wrong. It has the potentiality to usher in economic crisis. Its implications have its own seriousness, for it creates a concavity in the solemnity that is expected in financial transactions. It is not such a case where one can pay the amount and obtain a no due certificate and enjoy the benefit of quashing of the criminal proceeding on the hypostasis that nothing more remains to be done.” and the Hon‟ble Supreme Court has set aside the order of the High Court and directed that the trial shall proceed in accordance with law.”
(iii) (a) In Gopakumar B. Nair (24) case, the Hon‟ble Supreme Court has observed at para 14 as under :
Para 14. “The appellant has been charged with the offence of criminal conspiracy to commit the offence under Section 13(1)(d). He is also substantively charged under Section 420 (compoundable with the leave of the Court) and Section 471 (non-compoundable). A careful consideration of the facts of the case would indicate that unlike in Nikhil Merchant case no conclusion can be reached that the substratum of the charges against the accused-appellant in the present case is one of cheating nor are the facts simuilar to those in Narendra Lal Jain case where the accused was charged under Section 120-B read with Section 420 IPC only. The offences are certainly more serious; they are not private in nature. The charge of conspiracy is to commit offences under the Prevention of Corruption Act. The accused has also been charged for commission of the substantive offence under Section 471 IPC. Though the amounts due have been paid the same is under a private settlement between the parties unlike in Nikhil Merchant case and Narendra Lal Jain case where the compromise was a part of the decree of the Court. There is no acknowledgement on the part of the bank of the exoneration of the criminal liability of the accused-appellant unlike the terms of compromise decree in the aforesaid two cases.”
(b) In the above said decision, the Hon‟ble Supreme Court has observed that there is no acknowledgement on the part of the bank of the exoneration of criminal liability of the accused-appellant unlike the terms of compromise decree in the aforesaid two cases (Nikhil Merchant and Narendra Lal Jain).
P.168 CC No.14 of 1998
72. During pendency of the case B.S.Neelakanta/A-3 who is defendant No.2 in
O.S.No.75/1998, Butta Siva Kumar who is defendant No.42 (A-12 in the present
case) and other defendants whose particulars are mentioned in para No.69(v)(b) supra, have paid Rs.7,20,00,000/- as one-time settlement to Andhra Bank,
Bhanur Branch, Hyderabad as per the terms of compromise dt.19.07.2018. A-3 and A-12 have acted diligently and paid the amount to the bank as done by A-16 and A-17. In view of the latest judgment of the Hon‟ble Supreme Court and the
Hon‟ble High Court for the State of Telangana referred supra at para
No.70(iii)&(iv), the case of A-3 and A-12 squarely falls on the above said decisions and A-3 and A-12 also stand on the same footing of discharged accused i.e., A-16 and A-17. The decisions cited by learned Public Prosecutor in
State of Maharashtra (23) and Gopakumar B. Nair (24) stated in para
No.71(ii)&(iii) supra, are not applicable to the case on hand as the facts differ.
73. (i) (a) Learned counsels for A-3, A-6, A-7, A-12 to A-15 contended that the companies to which the amount is transferred are not made as accused in the case.
(b) Per contra, learned Public Prosecutor contended that the persons who meddled with the amounts of the company are shown as accused, that does not absolve the criminal liability of the individuals who received the amounts from
Andhra Bank, Bhanur Branch.
(c) As seen from the charge sheet and from the evidence of PW-2 that major amounts of the bank transactions have gone to the following :
1. Urvasi Enterprises represented by B.S.Neelakanta/A-3.
2. Neelakanta Enterprises represented by B.S.Neelakanta/A-3.
3. Tipsy Wines represented by B.Naganna/A-5 (died).
4. Sara Enterprises represented by D.Yugandhar/A-14.
5. Amogh Business Links represented by B.S.Neelakanta/A-3.
6. Suvnics India Exim represented by Mahesh A. Raju/A-6 and B.S.Neelakanta/A-3.
P.169 CC No.14 of 1998
7. India Exim represented by Mahesh A. Raju/A-6 and B.S.Neelakanta/A-3.
8. Sai Enterprises.
9. Amogh Constructions.
(ii) (a) In Sunil Bharti Mittal vs. CBI (10), the facts are that CBI has filed charge sheet in C.C.No.101/2012 against Mr. Shyamal Ghosh, the then
Secretary, Telecom, Mr. J.R.Gupta, the then Deputy Director General (VAS),
M/s. Bharti Cellular Ltd., M/s. Hutchison Max Telecom Pvt. Ltd. and M/s. Sterling
Cellular Ltd. for the offences under Section 120-B IPC r/w Section 13(2) and 13(1)(d) of P.C. Act, 1988.
(b) The Special Judge has taken up the matter on 19.03.2013 for issuance of summons to the accused persons in charge sheet (C.C.No.101/2012) and passed order by recording his satisfaction and also found that Mr. Sunil Bharti
Mittal was Chairman-cum-Managing Director of M/s. Bharti Cellular Ltd., Mr. Asim
Ghosh was Managing Director of M/s. Hutcison Max Telecom Pvt. Ltd. and
Mr. Ravi Ruia was the Director of M/s. Sterling Cellular Ltd. and issued summons not only to the four accused named in the charge sheet but also to the above said three persons.
(c) Two of the aforesaid three persons approached the Hon‟ble Supreme
Court and they have challenged the order, dt.19.03.2013 to implicate them as accused persons in the charge sheet. The Hon‟ble Supreme Court has observed at paras 43 and 44 as under :
Para 43. “Thus, an individual who has perpetrated the commission of an offence on behalf of a company can be made an accused, along with the company, if there is sufficient evidence of his active role coupled with criminal intent. Second situation in which he can be implicated is in those cases where the statutory regime itself attracts the doctrine of vicarious liability, by specifically incorporating such a provision.”
Para 44. “When the company is the offender, vicarious liability of the Directors cannot be imputed automaticallly, in the absence of any statutory provision to this effect. One such example is Section 141 of
P.170 CC No.14 of 1998 the Negotiable Instruments Act, 1881.” and the order of the Special
Judge is set aside.”
(iii) In Aneeta Hada vs. Godfather Travels and Tours Pvt. Ltd. (13), the Hon‟ble Supreme Court has observed at paras 58 and 59 as under :
Para 58. “Applying the doctrine of strict construction, we are of the considered opinion that commission of offence by the company is an express condition precedent to attract the vicarious liability of others. Thus, the words “as well as the company” appearing in the section make it absolutely unmistakably clear that when the company can be prosecuted, then only the persons mentioned in the other categories could be vicariously liable for the offence subject to the averments in the petition and proof thereof. One cannot be oblivious of the fact that the company is a juristic person and it has its own respectability. If a finding is recorded against it, it would create a concavity in its reputation. There can be situations when the corporate reputation is affected when a Director is indicted.”
Para 59. “In view of our aforesaid analysis, we arrive at the irresistible conclusion that for maintaining the prosecution under Section 141 of the Act, arraigning of a company as an accused is imperative. The other categories of offenders can only be brought in the drag-net on the touchstone of vicarious liability as the same has been stipulated in the provision itself.”
(iv) In State of Madras vs. C.V.Parekh and another (14), the Hon‟ble
Supreme Court has observed at para 3 as under :
Para 3. “In the present case, there is no finding either by the
Magistrate or by the High Court that the sale in contravention of
clause (5) of the Iron and Steel Control Order was made by the Company. In fact, the Company was not charged with the offence at all. The liability of the persons in charge of the Company only arises when the contravention is by the Company itself. Since, in this case, there is no evidence and no finding that the Company contravened clause (5) of the Iron and Steel Control Order, the two respondents could not be held responsible. The actual contravention was by Kamdar and Vallabhadas Thacker and any contravention by them would not fasten responsibility on the respondents.”
(v) In Avnish Bajaj vs. State (15), the Hon‟ble Delhi High Court has observed at paras 19.5 and 19.6 as under :
Para 19.5. “This Court is unable to agree with the submission of the prosecution that the above contents of the charge sheet make out a prima facie case against the petitioner for the IPC offence both in his capacity as MD of BIPL as well as in his individual capacity. When
P.171 CC No.14 of 1998 read as a whole, the charge sheet does not bring out the individual culpability of the petitioner at all. It brings out the culpability of the company and the reference throughout to the petitioner is in his role as the MD of such company.”
Para 19.6. “....Director does not automatically become criminally liable for the criminal acts of the company.......................the company has not been made an accused at all. In the absence of the company being made an accused and in the absence of specific allegations concerning the MD of the company, it is not possible to accept that the submission that the MD can be proceeded against for the IPC offence.”
(vi) PW-40 in his cross-examination has admitted that M/s. Amogh
Business Links, M/s. Urvasi Enterprises, M/s. Sara Enterprises, M/s. Tipsy Wines,
M/s. India Exim, M/s. Suvnics India Exim are all juristic persons and they are not made as accused in the case, the amounts were transferred in the form of
Demand Drafts, account transfers into the account of the companies. The
Hon‟ble Supreme Court in the decisions cited supra at sub para Nos.(ii) to (iv)
and the decision of the Delhi High Court cited supra at sub para No.(v) have held that in the absence of arraigning the companies as accused, individuals cannot be prosecuted. The decisions cited by the accused counsels are applicable to the case on hand. A-3, A-6, A-7, A-12 to A-15 individually cannot be prosecuted in view of the reasons above.
74. Learned counsel for A-6 contended that in the charges the content of charges has not been mentioned except saying that charge under Section 120-B, 420, 471 and 477-A of IPC are framed, read over and explained. The particulars of charge, place, time and etc. of the alleged offence are not stated.
(i) In In re Shankarappa and others (16), the facts are that on the complaint of Police Patel of the village of Mariampur, police filed a case of mischief against A-1 to A-7. The facts are that the accused have set fire the hayrick of the complainant/PW-7. A-1 to A-7 were charged under Section 302 r/w Section 34 and under Section 147, 324 and 326 of IPC. The learned
P.172 CC No.14 of 1998
Sessions Judge acquitted all the accused under Section 147 of IPC and convicted
all of them under Section 302, 324, 326 and 307 r/w 34 of IPC. The punishment is as under :
“Under Section 302, A-1 to A-5 and A-7 are sentenced to death and to a fine of Rs.5/- each and A-6 is sentenced to imprisonment for life and a fine of Rs.5/-. Under Section 326, each of the accused was sentenced to 8 years R.I. and a fine of Rs.5/-. Under Section 307 each of the accused was sentenced to 7 years R.I. and a fine of Rs.5/-. Under Section 324, each of the accused was sentenced to 2 years R.I. The sentences of imprisonment were directed to run concurrently.”
The convicted accused have preferred appeal before the Hon‟ble High
Court. The Hon‟ble High Court has confirmed the conviction of all the accused under Section 324 and 326 r/w 34 of IPC, which is as under :
“The sentences of two-years‟ rigorous imprisonment under S. 324 are confirmed. The sentence of 8 years‟ rigorous imprisonment imposed on each of the accused under S. 326, I.P.C. is reduced to one of 7 years‟ rigorous imprisonment.
The convictions of the accused under S. 302 read with S. 34, I.P.C, and the sentences of death passed on A-1 to A-5 and A-7 and the sentence of life imprisonment passed on A-6 are set aside. Instead, all the accused are convicted under S. 326 read with S. 34, I.P.C. and each of them is sentenced to years‟ rigorous imprisonment.”
The Hon‟ble High Court has observed that the omission to frame a charge is a grave defect and should be vigilantly guarded against. In some cases, it may be so serious that by itself it would vitiate a trial and render it illegal, prejudice to the accused being taken for granted.
(ii) In Court on its own motion vs. Sh. Shankroo (17), the facts are that the Hon‟ble Himachal Pradesh High Court has taken on its own motion and observed that “it is the duty of the trial Court to give the substance of the offence by mentioning the necessary facts which constituted the offence.”
P.173 CC No.14 of 1998
(iii) In Krishnalal Naskar vs. State (18), the facts are that three different cases were started on the basis of three FIRs, thereafter on complaint the case was allotted to Special Court by Government Notification on 17.06.1965. The sum and substance of the prosecution case is that all the accused are having connection with the sale of illicit petrol, there are 17 accused in the case. The trial Court has convicted Krishnalal Naskar, Banobir Burman, Mata Prosad Gosh and Brahmananda Sarkar under Section 409 r/w 109 of IPC and sentenced to
R.I. for one year. Suresh Ch. Saha found guilty under Section 409 and 409 r/w 120-B IPC, sentenced to R.I. for one year under each count. Alik Narayan
Jha alias Alik Narayan Ojha convicted under Section 409 r/w 120-B and sentenced to R.I. for one year. All the accused persons were charged under
Section 409/120-B IPC for entering into a conspiracy in respect of criminal breach of trust of consignment of petrol. Accused have preferred appeal before the Hon‟ble High Court of Calcutta aggrieved by the conviction. The Hon‟ble
High Court has observed with regard to the defect in the charge and are of opinion that “such a charge has caused great prejudice to the appellants.”, allowed the appeal as prosecution failed to substantiate the charges against the accused under Section 409/120-B of IPC.
(iv) In Shukul and others vs. Emperor (19), Allahabad High Court has observed that “the duty of the police in investigation of any crime is to discover the truth and not simply to obtain evidence for the purpose of securing a conviction. It is the duty of the prosecution to bring out in evidence everything in favour of an accused person and to lay before the Court all the evidence even though some of that evidence may result in acquittal.”
(v) In Salman @ Shameer vs. State of Karnataka (20), the facts are that Salman @ Shameer is shown as A-2 in Cr.No.109/2014 of Panambur Police
Station. As Salman @ Shameer was not available a split up charge sheet is filed
P.174 CC No.14 of 1998 against him in C.C.No.4186/2014 on the file of JMFC II Court, Mangalore. The case against A-1 was committed to the Court of Sessions and registered as
S.C.No.102/2014 on the file of III Additional and District Judge, Dakshina
Kannada, Mangaluru. A-1 was tried in the Sessions Case and he was acquitted of the charges vide judgment, dt.28.07.2017. Salman @ Shameer filed Writ
Petition before the Hon‟ble High Court that A-1 in S.C.No.102/2014 was acquitted of the charges vide judgment, dt.28.07.2017 and contended that the judgment of acquittal of A-1 can be extended to him in the split up case and prayed for quash of proceedings. The Hon‟ble High Court has observed that “the allegations made against Salman @ Shameer and other acquitted person are one and the same and they are inseparable and indivisible in nature.” and quashed the procdedings in C.C.No.4186/2014 for the alleged offences.
(vi) A-6 did not state anything in his 313 examination that defective charges are framed against him which has caused prejudice. Defective charge is intertwined with the question of prejudice to the accused [see Willie (William)
Slaney vs. State of Madhya Pradesh, AIR 1956 SC 116]. This Court do not find that prejudice is caused to A-6 in this regard.
(vii) The decisions cited by A-6‟s counsel, stated supra, are not applicable to the case on hand as the facts therein differ from the case on hand, as stated in sub-para (vi).
75. (i) Insofar as Mahesh A. Raju/A-6 and P.V.K.Raju/A-7 are concerned, prosecution has got marked statements of accounts, debit and credit vouchers of
M/s. India Exim and M/s. Suvnics India Exim Ltd.
(ii) Ex.P607-certified copy of statement of account relating to M/s. India
Exim bearing Current Account No.3/348 of State Bank of India, Hyderabad Main
Branch, the partners are Mahesh A. Raju/A-6, B.Sivaneelakanta/A-3, D.Tulasi/
P.175 CC No.14 of 1998
A-15, Vasantha S. Bhatt. Under Ex.P617 to Ex.P620, amounts are credited to the
Current Account No.3/348 of M/s. India Exim. Under Ex.P621 and Ex.P622, amounts are debited from the above said account.
(iii) Ex.P608 is the certified copy of the statement of account relating to
M/s. Suvnics India Exim Ltd. bearing Current Account No.3/365 maintained at
State Bank of India, Hyderabad Main Branch. Under Ex.P609, account has to be operated by Mahesh A. Raju/A-6, Managing Director, P.V.K.Raju/A-7, Director.
Under Ex.P610, Ex.P612 to Ex.P615, amounts are credited to Current Account
No.3/365 of M/s. Suvnics India Exim Ltd. Under Ex.P611 and Ex.P616, amounts are debited from the account of M/s. Suvnics India Exim Ltd.
(iv) Ex.P690 is the letter, dt.31.10.1996 addressed by Registrar of
Companies, Andhra Pradesh, Hyderabad to the Inspector of Police, CBI, SPE,
Hyderabad furnishing the information of M/s. Suvarna Electronics Pvt. Ltd. and
M/s. Suvnics India Exim Ltd. PW-40 has admitted in his cross-examination that he has not verified Form-32 of the Companies Act filed before Registrar of
Companies to know whether A-7 was the one of the Director of the company and he also admitted in his cross-examination that the name of A-7 does not find place in Ex.P690.
(v) As discussed in para No.73 supra, prosecution has not arraigned the companies as accused and individuals cannot be prosecuted. Mahesh A. Raju/
A-6 is having account at Andhra Bank, Bhanur Branch vide S.B. Account No.704.
Ex.P568, Ex.P570 and Ex.P571 are the self cheques of Mahesh A. Raju/A-6, but the cash is paid to D.Narasimha Reddy/A-1 which is deposed by PW-7.
(vi) A-6/Mahesh A. Raju has stated in his 313 examination that “P.V.K.Raju/A-7 is not the Director of M/s. Suvnics India Exim Ltd., the same was confirmed by learned Registrar of Companies and has never transacted any business with the company or the bank.” There is no evidence to show that
P.176 CC No.14 of 1998 amount is transferred to the Savings Bank Accounts of A-6/Mahesh A. Raju and
A-7/P.V.K.Raju. Prosecution has failed to prove the charges framed against the above said accused beyond reasonable doubt as the amounts are transferred to the companies as discussed in para 73 supra.
76. Counsels for A-8, A-15, A-21 and A-22 have contended that to attract conspiracy, prosecution has to prove the meeting of minds of the conspirators.
(i) In Gulam Sarbar vs. State of Bihar (Now Jharkhand) (21), the
Hon‟ble Supreme Court has observed at para 5 about the ingredients of criminal
conspiracy, they are “(i) an agreement between two or more persons;
(ii) agreement must relate to doing or causing to be done either (a) an illegal act; or (b) an act which is not illegal in itself but is done by illegal means.” and also observed at para 18 that “the ocular evidence was in consonance and in confirmity with the medical evidence and it was a clear cut case of conspiracy.” and dismissed the appeals.
(ii) The facts in the above decision are in respect of an offence under
Section 302 IPC read with criminal conspiracy under Section 120-B of IPC.
Coming to the case on hand, D.Narasimha Reddy/A-1 in conspsiracy with other accused has defrauded Andhra Bank, Bhanur Branch. The facts in the above decision and the facts in the present case are not one and the same, hence the same is not applicable to the case on hand.
77. (i) Insofar as Sadasiv Bhatt/A-8 is concerned, amounts were transferred to the Savings Bank Account of Sadasiv Bhatt/A-8 maintained at Andhra Bank,
Ameerpet Branch vide S.B. Account No.1498 from CD-240 of M/s. Jani Clency &
Richards.
(ii) Ex.P724(a) is the letter addressed by M.K.Jani/A-2 to Sadasiv Bhatt/
A-8 authorising Sadasiv Bhatt/A-8 to discuss the matter connected to the
P.177 CC No.14 of 1998 deposits of M.K.Jani/A-2 held in Andhra Bank, Bhanur Branch or with
B.S.Neelakanta/A-3, or with any other persons, or the department from time to time. The authorisation is specific for deposit amounts only.
(iii) Ex.P724(c) is the letter addressed by M.K.Jani/A-2 to D.Narasimha
Reddy/A-1, Manager, Andhra Bank, Bhanur Branch authorising him to pay the money from his/A-2 account to B.S.Neelakanta/A-3 and Sadasiv Bhatt/A-8.
(iv) In view of the authorisation given by M.K.Jani/A-2 in favour of
D.Narasimha Reddy/A-1 under Ex.P724(c), Ex.P251-Demand Draft, Ex.P280 and
Ex.P283-credit vouchers were issued by Andhra Bank, Bhanur Branch to the account of S.V.Bhatt/A-8 by D.Narasimha Reddy/A-1.
(v) Sadasiv Bhatt/A-8 is also having account at Andhra Bank, Bhanur
Branch vide S.B. Account No.804. Under Ex.P558 and Ex.P559-debit vouchers which were passed by B.V.Rao and cash is paid to D.Narasimha Reddy/A-1, which is spoken by PW-17.
(vi) PW-40 admitted in his cross-examination that Ex.P724(a) was addressed by A-2 to A-8, witness added that the above said exhibit was subsequently created after registering the case. Ex.P724 is the entire file, containing set of originals and photo copies with reference to issuance of Fixed
Deposit Receipts in the name of M.K.Jani/A-2 and I.M.Jani. Ex.P724(a) and
Ex.P724(c) are marked from the entire file which were filed by the prosecution itself and the question of creating them subsequently after registering the case is beyond truth. As rightly contended by the learned counsel for A-8, if any amount is due by Sadasiv Bhatt/A-8, he is liable to pay the amount to M.K.Jani/
A-2 but not to Andhra Bank, Bhanur Branch as there is no privity of contract.
(vii) The amounts were transferred to the Savings Bank Account of
Sadasiv Bhatt/A-8 maintained at Andhra Bank, Ameerpet Branch from C.D. 240 of M/s. Jani Clency & Richards as stated supra, in sub-paras (i) to (iv).
P.178 CC No.14 of 1998
Prosecution has failed to prove the charges framed against A-8 beyond reasonable doubt.
78. Insofar as A-12 is concerned, Sara Enterprises (defendant No.24 in
O.S.No.75/1998) is represented by its Partner, B.Sivakumar/A-12 and apart from
that he is also shown as defendant No.42 in the above suit in his personal capacity. A-12 in the capacity of the Partner of Sara Enterprises and in his personal capacity has entered into compromise towards one-time settlement with
Andhra Bank, Bhanur Branch vide terms of compromise dt.19.07.2018. As discussed in para No.69(v)(b) supra, A-3/B.S.Neelakanta has paid
Rs.7,20,00,000/- to Andhra Bank, Bhanur Branch as one-time settlement on his behalf and on behalf of other defendants who are shown as parties to the compromise which includes the companies. There is no evidence on record to show that A-12 has received amount into his Savings Bank Account. Prosecution has failed to prove the charges framed against A-12 beyond reasonable doubt.
79. Insofar as A-13/B.Nagaraj is concerned, he happens to be a partner of
Tipsy Wines, a partnership firm. Tipsy Wines is shown as defendant No.25 in
O.S.No.75/1998, which is represented by B.Nagaraj/A-13. Tipsy Wines has
entered into one-time settlement with Andhra Bank, Bhanur Branch which is evident from the terms of compromise in O.S.No.75/1998 dt.19.07.2018. As discussed in para No.73 supra, major amounts of the bank transactions have gone to the companies. As companies are not made as accused in this case, persons in their individual capacity cannot be prosecuted as stated supra in para
No.73(vi). Prosecution has failed to prove the charges framed against A-13 beyond reasonable doubt.
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80. Insofar as A-14/D.Yugandhar is concerned, prosecution has not adduced any evidence either oral or documentary to prove that amounts are transferred to the Savings Bank Account of A-14 from Andhra Bank, Bhanur Branch. There is no evidence against A-14 in respect of the charges framed against him.
Prosecution has failed to prove the charges framed against A-14 beyond reasonable doubt.
81. (i) Insofar as D.Tulasi/A-15 is concerned, she happened to be a partner in
M/s. India Exim, bearing Current Account No.3/348 maintained at State Bank of
India, Main Branch, Hyderabad and the account is operated by
B.S.Neelakanta/A-3 and Mahesh A. Raju/A-6 but not by D.Tulasi/A-15. PW-33 stated in his evidence that B.S.Neelakanta/A-3 and Mahesh A. Raju/A-6 were operating the account of M/s. India Exim.
(ii) D.Tulasi/A-15 is also one of the partner in M/s. Amogh Business Links which is having an account with Bank of Baroda, Masabtank Branch, Hyderabad vide Account No.1193 (Ex.P571). PW-15 in his cross-examination admitted that the accounts of M/s. Amogh Business Links are operated by B.S.Neelakanta/A-3.
PW-40 admitted in his cross-examination that D.Tulasi/A-15 has actively participated in M/s. Sai Enterprises but not in M/s. India Exim and in M/s. Amogh
Business Links.
(iii) As discussed in para No.73 supra, prosecution has not arraigned the companies as accused and individuals cannot be prosecuted. Prosecution has failed to prove the charges framed against A-15 beyond reasonable doubt.
82. (i) Insofar as K.Dhanalakshmi/A-21 is concerned, she happened to be a partner in M/s. Sai Enterprises which was manufacturing television cabinets, the other partners are Jagadishwar and Narasimha Reddy. As per the evidence of
PW-20, he has given handloan to K.Dhanalakshmi and the loan was repaid by
P.180 CC No.14 of 1998
M/s. Sai Enterprises through a cheque. K.Dhanalakshmi has given him a
Demand Draft in his favour for Rs.3.00 lakhs to appropriate the amount due to him and pay back the balance.
(ii) PW-2 deposed that D.Narasimha Reddy/A-1 has debited Deposit Loan of M/s. Bharat Dynamics Ltd. for Rs.13.00 lakhs under Ex.P82 on 04.01.1992, on the same day he has issued Demand Draft voucher and Demand Draft (Ex.P84 and Ex.P85) to PW-20. PW-40 admitted in his cross-examination that Ashok is not an accused in the case and there is no document to show that M/s. Sai
Enterprises directly received the amounts from Andhra Bank, Bhanur Branch.
PW-20 did not speak about the balance amount and he has not seen the
Partnership Deed of M/s. Sai Enterprises.
(iii) In view of the admission made by PW-40 in his cross-examination that there is no document to show M/s. Sai Enterprises has directly received the amount from Andhra Bank, Bhanur Branch. Prosecution has not placed any evidence to show that Dhanalakshmi/A-21 has received the amounts.
Prosecution has failed to prove the charges framed against A-21 beyond reasonable doubt.
83. (i) Insofar as V.V.Nalinidhar/A-22 is concerned, PW-28 deposed that
M/s. Prime Pharmatech India Ltd. was mobilising funds for private placements of shares and approached prospective investors. D.Narasimha Reddy/A-1 offered to mobilise private placements of shares, in that connection the company has received three Demand Drafts from D.Narasimha Reddy/A-1 for Rs.2.00 lakhs each (Ex.P414 and Ex.P430) which were in the handwriting of D.Narasimha
Reddy/A-1, on which the company has allotted shares in the name of S.Rajaiah,
Ch.Venkat Reddy, V.V.Nalinidhar/A-22 (Ex.P587, Ex.P589 and Ex.P591). Share
P.181 CC No.14 of 1998 certificates were handed over to PW-40 and the company has returned the amount to Andhra Bank.
(ii) S.Rajaiah and Ch.Venkat Reddy are not arraigned as accused in the case and learned Public Prosecutor contended that non-arraigning of suspected accused will not absolve the criminal liability of the accused who are facing the trial. PW-40 admitted in his cross-examination that he has obtained the specimen signatures of Ch.Venkat Reddy and sent them to Expert but failed to obtain the specimen signatures of V.V.Nalinidhar/A-22 and S.Rajaiah. PW-40 further admitted that the share certificates were not delivered to
V.V.Nalinidhar/A-22.
(iii) Prosecution has not placed any evidence either oral or documentary to prove the charges against A-22. Moreover, share certificates were not delivered to V.V.Nalinidhar/A-22 as admitted by PW-40. Prosecution has failed to prove the charges framed against A-22 beyond reasonable doubt.
84. (i) Insofar as A-1 is concerned, there is sufficient evidence to prove the criminal conspiracy, cheating and dishonestly inducing delivery of property, forgery and using as genuine a forged document by falsification of accounts as discussed in para Nos.64, 65, 67, 68 of the judgment supra.
(ii) The evidence on record further proves the misconduct in relation to the transactions which brought advantage to A-1, which acts were committed in discharge of his official duties, therefore, he falls within the scope of Section 13(1)(d) of P.C. Act, liable for punishment under Section 13(2) of P.C. Act.
85. Prosecution has failed to prove the case beyond reasonable doubt against
A-3, A-6 to A-8, A-12 to A-15, A-21 and A-22 as discussed in para Nos.69 to 83 of the judgment supra and they are entitled for acquittal. Hence, point No.1 is answered accordingly.
P.182 CC No.14 of 1998
POINT No.2 :
86. (i) Considering the evidence on record, prosecution could able to prove the charges against A-1 for the offences under Section 120-B, 420, 471, 477-A of
IPC and also for the offence under Section 13(2) r/w Section 13(1)(d) of the P.C.
Act.
(ii) A-3, A-6 to A-8, A-12 to A-15, A-21 and A-22 are found not guilty of charges under Sections 120-B, 420, 471 and 477-A of IPC, accordingly they are acquitted under Section 248(1) of Cr.P.C. for the above said charges.
Typed to my dictation by Stenographer, corrected and pronounced by me in the Open Court on this the 05th day of October, 2020.
Sd/-
FAC I ADDL. SPECIAL JUDGE
FOR CBI CASES, HYDERABAD.
87. A-1 is heard in respect of sentence and he stated that he is suffering with heart problem, breathing problem and also suffering with gastric problem, to support his contention, he filed his medical record. A-1 further stated that he is aged about 69 years and prayed to take a lenient view. On perusal of the medical record of A-1, his contentions are supported by the documents filed by him at the time of hearing sentence.
88. Taking into consideration the facts and circumstances of the case, if A-1 is sentenced to undergo rigorous imprisonment for three (3) years and to pay a fine of Rs.25,000/- (Rupees twenty five thousand only), in default simple imprisonment for fifteen (15) days in respect of charge under Section 120-B of the IPC; if he is further sentenced to undergo rigorous imprisonment for three (3) years and to pay a fine of Rs.25,000/- (Rupees twenty five thousand only), in default simple imprisonment for fifteen (15) days in respect of charge under Section 420 of the IPC; if he is further sentenced to undergo rigorous
P.183 CC No.14 of 1998 imprisonment for three (3) years and to pay a fine of Rs.25,000/- (Rupees twenty five thousand only), in default simple imprisonment for fifteen (15) days in respect of charge under Section 471 of the IPC; if he is further sentenced to undergo rigorous imprisonment for three (3) years and to pay a fine of
Rs.25,000/- (Rupees twenty five thousand only), in default simple imprisonment for fifteen (15) days in respect of charge under Section 477-A of the IPC; and if he is further sentenced to undergo rigorous imprisonment for three (3) years and to pay a fine of Rs.25,000/- (Rupees twenty five thousand only), in default simple imprisonment for fifteen (15) days in respect of charge under Section 13(2) r/w Section 13(1)(d) of P.C. Act, it shall meet the ends of justice.
89. In the result, A-1 is found guilty of charges under Section 120-B of the IPC, under Section 420 of the IPC, under Section 471 of the IPC,
under Section 477-A of the IPC and under Section 13(2) r/w Section
13(1)(d) of P.C. Act, 1988, convicted and sentenced to undergo rigorous imprisonment for three (3) years each and to pay a fine of Rs.25,000/- (Rupees twenty five thousand only) each, in default simple imprisonment for fifteen (15) days each under Section 248 (2) of Cr.P.C.
A-3, A-6 to A-8, A-12 to A-15, A-21 and A-22 are found not guilty of charges under Sections 120-B, 420, 471 and 477-A of the IPC, accordingly they are acquitted under Section 248(1) of Cr.P.C. for the above said charges. Bail bonds of A-3, A-6 to A-8, A-12 to A-15, A-21 and A-22 shall stand cancelled.
Case against A-2 is abated, since died as per the docket orders dt.15.09.2015.
Case against A-5 is abated, since died as per the docket orders dt.26.03.2007.
P.184 CC No.14 of 1998
Case against A-9 is abated, since died as per the docket orders dt.26.02.2015.
Case against A-10 is abated, since died as per the docket orders dt.13.06.2012.
Case against A-11 is abated, since died as per the docket orders dt.11.02.2019.
Case against A-23 is abated, since died as per the docket orders dt.21.06.2018.
The substantive sentences against A-1 shall run concurrently. The period of detention of A-1 in judicial custody, if any, shall be set off against his sentence to the extent applicable under Section 428 of Cr.P.C.
Typed to my dictation by Stenographer, corrected and pronounced by me in the open Court on this the 05th day of October, 2020.
Sd/-
FAC I ADDL. SPECIAL JUDGE
FOR CBI CASES, HYDERABAD.
APPENDIX OF EVIDENCE
Witnesses examined on behalf of the Prosecution :
PW.1 A.V. Suryanarayana Rao PW.2 V.Gopalakrishna PW.3 T.Vinod Babu PW.4 J.Sreerama Chandrudu PW.5 P.Gopala Krishna PW.6 P.Chandra Sekhar Reddy PW.7 K.V.Prasad. Pw.8 Smt. P.Vijayalakshmi PW.9 P.Bhoopal Reddy PW.10 S.Ganesan PW.11 G. Choudappa PW.12 G.S.Sastry PW.13 Smt. G. Indira PW.14 G.Narayana Rao PW.15 G.Nagamal Reddy PW.16 R.Jagannatha Rao PW.17 B.Venkat Ram Reddy PW.18 A.V.Krishna Kumar
P.185 CC No.14 of 1998
PW.19 Dr.J.Rameshwar Rao PW.20 K.Ashok PW.21 C.Venkat Reddy PW.22 Praveen Ochhavlal Sheth PW.23 D.J. Wilson PW.24 Y.Prakash PW.25 N.Prabhakar PW.26 V.V.Ramana PW.27 P.Surya Prakash PW.28 Kajal Ghose PW.29 C.Balasubrahmanyam PW.30 V.S.N.Sharma
PW.31 G.S.K.B. Prabhu
PW.32 G.Shivananda Babu
PW.33 R.Venkateswara Rao PW.34 R.K.Girdhar PW.35 Raj Bahadur Singh PW.36 T.Elangomani PW.37 K.Rattaiah PW.38 S.C. Lohia PW.39 S. Koteswara rao
PW.40 JIJO. K. John
Witnesses examined on behalf of the Defence :
DW.1 S. Prabhakar Reddy
Documents marked on behalf of the Prosecution :
Ex.P.1 Complaint against Sri.D.Narasimha Reddy
Dated:9-2-1995 under letter no:666/20/T-35/1212.
ExP.2 Complaint against Sri.D.Narasimha Reddy
dated:9-2-1995 letter no:666/20/T-35/1213.
ExP.3 Cheque book issue register of Andhra Bank, Bhanur Branch for the period from 13-11-1989 to 15-03-1991. ExP.4 Cheque book issue register of Andhra Bank, Bhanur Branch for the period from March,1991 to 6.5.1992. ExP.5 Cheque book issue register of Andhra Bank, Bhanur Branch for the period from 6-05-92 to 1.8.1993.
P.186 CC No.14 of 1998
ExP.6 Clean bills purchase register of Andhra Bank, Bhanur Branch from 15-06-1988 to 18-12-1991. ExP.7 Clean bills purchase register of Andhra Bank, Bhanur Branch from 7-4-1992 to 1-2-1995. ExP.8 Loan deposit register of Andhra Bank, Bhanur Branch from 16.5.1988 to 18.6.1993. ExP.9 Loan deposit register of Andhra Bank, Bhanur Branch from 27.8.1993 to 30.1.1995. ExP.10 Fixed deposit register of Andhra Bank, Bhanur Branch from 11.06.1992 to 8.9.1993. ExP.11 Fixed deposit register of Andhra Bank, Bhanur Branch from 8.9.1993 to 9.11.1994. ExP.12 Kalpataruvu deposit register of Andhra Bank, Bhanur Branch from 26.5.1988 to 10.12.1992. ExP.13 Kalpataruvu deposit register of Andhra Bank, Bhanur Branch from 7-1-1992 to 10-07-1995. ExP.14 Cash scrolls registers maintained at Andhra Bank, Bhanur Branch from 1-7-1991 to 1-3-1992. ExP.15 Cash scrolls registers maintained at Andhra Bank, Bhanur Branch from 16-3-1992 to 24-11-1992. ExP.16 Cash scrolls registers maintained at Andhra Bank, Bhanur Branch from 25-11-1992 to 21-7-1993. ExP.17 Cash scrolls registers maintained at Andhra Bank, Bhanur Branch from 21-7-1993 to 7-2-1994. ExP.18 Cash scrolls registers maintained at Andhra Bank, Bhanur Branch from 8-2-1994 to 14-09-1994. ExP.19 Cash scrolls registers maintained at Andhra Bank, Bhanur Branch from 15-9-1994 to 28-2-1995. ExP.20 BDL current account register maintained at Andhra Bank, Bhanur Branch from 17-9-1991 to 16-1-1992. ExP.21 BDL Current account register maintained at Andhra Bank, Bhanur Branch from 17-1-1992 to 21-5-1992. ExP.22 BDL Current account register maintained at Andhra Bank, Bhanur Branch from 22-5-1992 to 26-9-1992. ExP.23 BDL Current account register maintained at Andhra Bank, Bhanur Branch from 28-9-1992 to 01-2-1993. ExP.24 BDL current account register maintained at Andhra Bank, Bhanur Branch from 2-2-1993 to 5-6-1993. ExP.25 BDL. Current account register maintained at Andhra Bank, Bhanur Branch from 7-6-1993 to 8-10-1993. ExP.26 BDL. Current account register maintained at Andhra Bank, Bhanur Branch from 8-10-1993 to 11-2-1994. ExP.27 BDL current register maintained at Andhra Bank, Bhanur Branch from 10-6-1994 to 28-9-1994. ExP.28Day book of Andhra Bank, Bhanur Branch from 18-2-1991 to 29-6-1991. ExP.29 Day book of Andhra Bank, Bhanur Branch from 1-7-1991 to 25-11-1991. ExP.30 Day book of Andhra Bank, Bhanur Branch from 26-11-1991 to 15-5-1992. ExP.31 Day book of Andhra Bank, Bhanur Branch from 16-5-1992 to 29-12-1992.
P.187 CC No.14 of 1998
ExP.32 Day book of Andhra Bank, Bhanur Branch from 30-12-1992 to 28-5-1993. ExP.33 Day book of Andhra Bank, Bhanur Branch from 29-5-1993 to 26-10-1993. ExP.34 Day book of Andhra Bank, Bhanur Branch from 27-10-1993 to 16-3-1994. ExP.35 Day book of Andhra Bank, Bhanur Branch from 17-3-1994 to 11-8-1994. ExP.36 Day book of Andhra Bank, Bhanur Branch from 12-8-1994 to 31-12-1994. ExP.37 Transfer scroll register of Andhra Bank, Bhanur Branch from 26-3-1991 to 20-7-1991. ExP.38 Transfer scroll register of Andhra Bank, Bhanur Branch from 22-7-1991 to 16-11-1991. ExP.39 Transfer Scroll of Andhra Bank, Bhanur Branch from 18-11-1991 to 14-3-1992. ExP.40 Transfer scroll register of Andhra Bank, Bhanur Branch from 16-3-1992 to 27-7-1992. ExP.41 Transfer scroll register of Andhra Bank, Bhanur Branch from 28-7-1992 to 7-12-1992. ExP.42 Transfer scroll register of Andhra Bank, Bhanur Branch from 10-12-1992 to 16-4-1993. ExP.43 Transfer scroll register of Andhra Bank, Bhanur Branch from 17-4-1993 to 16-8-1993. ExP.44 Transfer scroll register of Andhra Bank, Bhanur Branch from 17-8-1993 to 27-12-1993. ExP.45 Transfer Scroll Register of Andhra Bank, Bhanur Branch from 28-12-1993 to 15-4-1994. ExP.46 Transfer scroll register of Andhra Bank, Bhanur Branch from 16-4-1994 to 30-7-1994. ExP.47 Transfer scroll register of Andhra Bank, Bhanur Branch from 1-8-1994 to 16-11-1994. ExP.48 Transfer scroll Register of Andhra Bank, Bhanur Branch from 17-11-1994 to 14-2-1995. ExP.49 Payment scroll register of Andhra Bank, Bhanur Branch from 2-4-1991 to 27-6-1991. ExP.50 Payment scroll register of Andhra Bank, Bhanur Branch from 28-6-1991 to 7-8-1991. ExP.51 Payment scroll register of Andhra Bank, Bhanur Branch from 8-8-1991 to 18-9-1991. ExP.52 Payment scroll register of Andhra Bank, Bhanur Branch from 19-9-1991 to 10-10-1991. ExP.53 Payment scroll register of Andhra Bank, Bhanur Branch from 11-10-1991 to 14-11-1991. ExP.54 Payment scroll register of Andhra Bank, Bhanur Branch from 7-12-1991 to 13-1-1992. ExP.55 Payment scroll register of Andhra Bank, Bhanur Branch from 16-1-1992 to 28-02-1992. ExP.56 Payment scroll register of Andhra Bank, Bhanur Branch from 29-2-1992 to 16-4-1992. ExP.57 Payment scroll register of Andhra Bank, Bhanur Branch from 04-06-92 to 27-07-92.
P.188 CC No.14 of 1998
ExP.58 Payment scroll register of Andhra Bank, Bhanur Branch from 28-7-1992 to 29-07-1992. ExP.59 Payment scroll register of Andhra Bank, Bhanur Branch from 30-7-1992 to 5-9-1992. ExP.60 Payment scroll register of Andhra Bank, Bhanur Branch from 7-9-1992 to 23-10-1992. ExP.61 Payment scroll register of Andhra Bank, Bhanur Branch from 4-3-1993 to 13-4-1993. ExP.62 Payment scroll register of Andhra Bank, Bhanur Branch from 15-4-1993 to 31-5-1993. ExP.63 Payment scroll register of Andhra Bank, Bhanur Branch from 31-5-1993 to 7-7-1993. ExP.64 Payment scroll register of Andhra Bank, Bhanur Branch from 8-7-1993 to 18-8-1993. ExP.65 Payment scroll register of Andhra Bank, Bhanur Branch from 19-8-1993 to 28-9-1993. ExP.66 Payment scroll register of Andhra Bank, Bhanur Branch from 29-9-1993 to 4-11-1993. ExP.67 Payment scroll register of Andhra Bank, Bhanur Branch from 17-12-1993 to 25-1-1994. ExP.68 Payment scroll register of Andhra Bank, Bhanur Branch from 27-1-1994 to 2-2-1994. ExP.69 Payment scroll register of Andhra Bank, Bhanur Branch from 9-3-1994 to 6-4-1994. ExP.70 Payment scroll register of Andhra Bank, Bhanur Branch from 30-6-1994 to 3-8-1994. ExP.71 Payment scroll register of Andhra Bank, Bhanur Branch from 4-8-1994 to 16-9-1994. ExP.72 Payment scroll register of Andhra Bank, Bhanur Branch from 17-9-1994 to 31-10-1994. ExP.73 Sundry debtors & Creditors register of Andhra Bank, Bhanur Branch from December, 1994 at pages 1 to 200. ExP.74 Ledger sheet of A. Vijay kumar Raju bearing C.D. A/c. No. 239 from 24-4-1992 to 31-10-1994 maintained at Andhra Bank, Bhanur Branch. ExP.75 Ledger sheet of Mr.P.S. Shaw bearing S.B. A/c. No. 840, from 03-05-1991 to 1995 maintained at Andhra Bank, Bhanur Branch. ExP.76 Ledger sheet of M/s. Meridian Granites Private Ltd. bearing CD A/c. No. 191 from 26-9-1991 to 15-3-1994 maintained at Andhra Bank, Bhanur Branch. ExP.77 Ledger sheet of A.Vijaykumar Raju bearing SB. A/c. No. 5317 from 16-12-1991 to 12-9-1992 maintained at Andhra Bank, Ameerpet Branch. ExP.78 Ledger sheet of B.Naganna/A5 bearing SB. A/c. No.3478 from 22-3-1990 to September, 1994 maintained at Andhra Bank, Ameerpet Branch. ExP.79 Ledger extract of BS Neelakanta/A3 bearing SB. A/c. No. 271 from March, 1992 to 27-10-1994, maintained at Andhra Bank, Ameerpet Branch.
P.189 CC No.14 of 1998
ExP.80 CC of Ledger extract of B.S.Neelakant bearing SB. A/c. No.24740 from 18-8-93 to 3-9-1994 maintained at Andhra Bank, Vijaynagar colony Branch. ExP.81 Ledger sheet of K.Ravi Shanker bearing SB. A/c. No. 1227 from 18-7-1993 to March, 1995, maintained at Andhra Bank, Bhanur Branch. ExP.82 Debit deposit loan voucher debited by D.Narasimha Reddy/A1 on 04-01-1992 by mentioning D.L.1/92, M/s. Bharat Dynamics for Rs. 13 lakhs. ExP.83 Credit voucher in favour of Urvasi Enterprises for Rs.10 lakhs. ExP.84 DD voucher, dt:04-01-1992 for Rs. 3 lakhs in favour of Mr.K.Ashok, Hyderabad. ExP.85 Demand draft dt:04-01-92 in favour of Mr.K.Ashok for Rs.3 lakhs. ExP.86 Internal advice of transferring funds to Somajiguda Branch for Rs. 10 lakhs, dt: 04-01-1992. ExP.87 Internal advice of Andhra Bank, Somajiguda Branch for Rs. 5 lakhs dt:28-1-1992.
ExP.88 Credit voucher of Andhra Bank, Bhanur Branch for Rs.5 lakhs dt.30.01.1992. ExP.89 Deposit loan voucher Dt. 13-1-1992 for Rs. 1,50,000/- prepared by D. Narasimha Reddy. ExP.90 Deposit loan credit voucher Dt.30-03-1992 for Rs.3,41,776.30 ps. prepared by A1. ExP.91 Deposit loan head was debited by mentioning D.L favouring M/s. Bharath Dynamics Ltd for Rs.40 lakhs, dt.16-01-1992. ExP.92DD application in favour of Tolani Bulk carriers for Rs.39,98,500/- plus Rs.1500/- dt:16-01-1992.
ExP.93Deposit loan voucher for Rs. 5,25,000/- Dt. 1-2-1992. ExP.94 Draft Cancellation voucher dt:16-01-92 for Rs.38,500/- along with D.D. ExP.95 D.D. Application in favour of Parekh Marine Agencies Pvt. Ltd dt: 01-02-92 for Rs.2,88,914.45 plus commission of Rs.722.55. ExP.96 D.D application favouring Parekh Marine Agencies Pvt. Ltd for Rs. 83,764.27ps. Plus exchange of Rs.210.03 ps, dt:01-02-1992. ExP.97 D.D. application favouring Pitamber Lalji and sons for Rs. 83,764.27 ps plus exchange of Rs. 210.03 ps. dt.01.02.1992. ExP.98 D.D. application favouring M/s. Uni Marine Agencies Pvt. Ltd for Rs. 40,249.97 ps. plus exchange of Rs. 102.53 ps dt.01.02.1992. ExP.99D.D. application favouring Uni Marine Agencies Pvt. Ltd for Rs. 23,741.55 ps plus exchange of Rs.60.45 ps. dt.01.02.1992. ExP.100 D.D. application favouring Meena Corporation for Rs. 40,249.97 ps. plus exchange of Rs.100.03 ps.,
dt: 08-02-92.
ExP.101 Loan deposit voucher Dt. 10-2-1992 for Rs.7.50 lakhs.
P.190 CC No.14 of 1998
ExP.102 Credit voucher favouring B. Neelakant for Rs.7.50 lakhs, dt: 10-02-92. ExP.103 Internal advice credit voucher of Andhra Bank to BS Neelakanta for Rs. 7,50,000/-. ExP.104 Credit voucher of Andhra Ban, Ameerpet Branch in favour of BS Neelakanta vide SB A/c. No.271. ExP.105 Cheque No. 727290 of Andhra Bank, Ameerpet Branch for Rs. 7,50,000/-, dt: 10-02-1992. ExP.106 Debit voucher of Andra Bank dt: 12-02-92 for an amount of Rs. 8 lakhs mentioning DL M/s. BDL. ExP.107 D.D. Application favouring M/s. Suvnics India Exim Ltd., for Rs. 7,95,000/- plus exchange of Rs. 1,500/-,
dt: 12-02-91.
ExP.108 D.D. application in favour of B.S.Neelakanta for Rs. 3,488/- plus exchange of Rs. 12/-, dt:12-02-1992. ExP.109 D.D.No.011293 issued by Andhra Bank, Bhanur Branch infavour of SBI, Hyderabad, dt: 12-02-1992 in the account of Suvinix India Exim Ltd for Rs.7,95,000/-. ExP.110 D.D.No. 011294 issued by Andhra Bank, Bhanur Branch in favour of BS Neelakanta for Rs. 3,488/-,
dt:12-02-1992.
ExP.111 Loan deposit voucher mentioning DL M/s. BDL dt.24-02-1992 for Rs. 10 lakhs. ExP.112 D.D. Application in favour of M/s. Suvinix India Exim Ltd for Rs. 9,25,000/- plus exchage of Rs. 1,500/-,
dt:24-02-92.
ExP.113 D.D. Application in favour of B S Neelakanta for Rs.48,380/- plus exchange of Rs.120/-,
dt:24-02-1992.
ExP.114 Credit voucher for Rs.25,000/- credited to C.D. 191 of M/s. Meridian Granites, dt: 24-02-1992. ExP.115 D.D. bearing No. 011417, dt:24-02-92 for Rs. 9,25,000/- in favour of Suvinix India EXIM ltd, drawn on Andhra Bank, ABCD cell, Hyderabad. ExP.116 D.D. for Rs.48,380/- dt.24.02.1992 in favour of B.S. Neelakant bearing D.D.No.0114116. ExP.117 S.B. Credit challan dt.25.02.1992 for Rs.48,380/- in favour of B.S. Neelakanta. ExP.118 S.B. Cheque of B.S.Neelakant for Rs. 48,000/-
dt:25-02-1992 bearing Cheque No.868153.
ExP.119 Cheque bearing No.207993 dt: 25-02-1992 for Rs. 1,50,000/- in favour of A.Vijay Kumar Raju. ExP.120 Loan deposit voucher for Rs. 5,76,000/-,
dt:16-03-1993.
ExP.121 Credit Voucher for Rs.1,50,000/-, dt:16-03-92 in favour of A.V.K.Raju. ExP.122 Credit voucher in favour of Mr.Shaw for Rs.4,26,000/-
dt:16-03-93.
ExP.123 Debit voucher in favour of P.S.Shaw for Rs.4,26,000/, dt.26-2-1992. ExP.124 D.D. Application for Rs.3,75,000/- plus exchange of
P.191 CC No.14 of 1998
Rs.1000/-, dt: 26-02-92 in favour of Suvnics India EXIM ltd. ExP.125 D.D. bearing No.011427, dt: 26-02-92 for Rs.3,75,000/- in favour Suvinics India Exim Ltd. ExP.126 Loan deposit voucher for Rs. 2,50,000/- dt: 03-03-92. ExP.127 D.D. application in favour of BS Neelakanta for Rs.2,50,000/-. ExP.128 D.D. bearing No. 011460 dt: 03-03-92 for Rs.2,50,000/- in favour of BS Neelakanta. ExP.129 Pay-in-slip in favour of BS Neelakanta dt: 03-03-92 for Rs.2,50,000/-. ExP.130 Self cheque of B.S.Neelakanta for Rs.2,50,000/- bearing No. 492874 dt:03-03-92. ExP.131 Debit voucher in favour of M/s. Meridian Granites for Rs. 1,00,250/- dt: 18-3-1992. ExP.132 D.D. application dt:18-03-92 for Rs.1 lakh plus exchange of Rs.250/- in favour of B.S.Neelakanta. ExP.133 D.D. bearing No.011615 for Rs.1 lakh dt: 18-03-92 in favour of BS Neelakanta. ExP.134 Credit voucher for Rs.1 lakh dt:27-03-92 in favour of M/s. Meridian Granites. ExP.135 Internal advice for Rs.1 lakh dt:27-03-92. ExP.136 Loan deposit voucher in favour of DL M/s. BDL for Rs. 6,25,000/- dt:21-03-92. ExP.137 D.D. Application favouring A.Vijay Kumar Raju for Rs.3,50,000/- plus exchange of Rs.875, dt: 21-03-92. ExP.138 D.D. bearing No. 011649 dt: 21-03-92 for Rs. 3,50,000/- in favour of A.Vijay kumar Raju. ExP.138-A Credit pay-in-slip for Rs. 3,50,000/- in favour of A.Vijay Kumar Raju. ExP.139 Cheque bearing No. 205820 for Rs.2 lakhs
dt:26-02-92 in favour of Urvasi Enterprises.
ExP.140 Covering schedule of Andhra Bank for Rs.2 lakhs
dt: 26-02-92 for Ex.P.139.
ExP.141 Internal advice for realization of Ex-P139. ExP.142 Amount transfer advice from Ameerpet Branch to Bhanur Branch, for Rs.2,10,000/- dt.28-03-1992. ExP.143 Credit voucher for Rs. 2 lakh dt:28-03-92 in favour of M/s. Meridian Granites P. Ltd. ExP.144 Debit voucher for Rs. 5 lakhs, dt:06-04-92 in favour of Meridian Granites P.Ltd. ExP.145 H.O. advice dt:06-04-92 for Rs. 5 lakhs in favour of M/s. Urvasi Enterprises. ExP.146 Internal advice dt: 06-04-92 for Rs. 5 lakhs. ExP.147 Cash Remittance voucher for Rs.5 lakhs dt.10-04-1992 from Andhra Bank, Ameerpet Branch to Andhra Bank, Bhanur Branch. ExP.148 Cash Remittance voucher for Rs.2 lakhs dt.13-04-1992 from Andhra Bank, Bhanur Branch to Andhra Bank, Ameepet Branch. ExP.149 Cash Remittance voucher for Rs.5 lakhs dt.13-04-1992 from Andhra Bank, Bhanur Branch to
P.192 CC No.14 of 1998
Andhra Bank, Ameepet Branch. ExP.150 Debit voucher for Rs. 7 lakhs, dt:13-04-92 in favour of M/s. Meridian Granites. ExP.151 Debit voucher for Rs. 5 lakhs dt: 13-04-1992 in favour of P.S.Shaw. ExP.152 D.D. application for Rs. 30,000/- plus exchange of Rs.75/-, dt:13-04-1992 in favour of White Star Industries. ExP.153 D.D. Application for Rs. 4,50,000/, plus exchange of Rs.1125/- in favor of Sr. Accounts officer (Operation Circle) APSEB, Nizamabad. ExP.154 D.D. bearing No: 011886, for Rs.30,000/-, dt.13-4-1992 in favour of M/s. Star Industries, Hyderabad. ExP.155 Cheque bearing No. 914541 for Rs. 5 lakhs dt.20-05-1992 in favour of BS Neelakanta. ExP.156Credit pay in- slip of Andhra Bank, Ameerpet Branch in favour of BS Neelakanta for Rs. 5 lakhs. ExP.157 Covering schedule dt.20-05-1992 for Rs. 5 lakhs in favour of B.S.Neelakanta. ExP.158 Credit advice of Andhra Bank, Bhanur Branch to Andhra Bank, Ameerpet Branch for realization of Clean Bill Purchase 275. ExP.159Debit voucher for Rs. 4,67,53,846.18 ps., dt:17-06-92 in favour of BDL. ExP.160 Credit voucher for Rs.4,67,53,846.18 ps. dt.17.06.1992 for BDL. Debit voucher for Rs. 4,67,53,846.18 ps. ExP.161 dt.20.06.1992 debiting Bhanur Branch on account of TT sent to Bombay. ExP.162 Credit voucher for Rs. 4,67,53,846.18 ps. dt.20.06.1992. ExP.163 Internal debit advice for Rs.4,67,53,846.18 ps.
dt:20-06-1992.
ExP.164 Debit voucher for Rs.4,67,53,846.18 ps dt.29-06-1992 prepared by D.Narasimha Reddy/A-1. ExP.165 Credit voucher for Rs.3,60,29,965.75, dt:29-06-1992 in favour of BDL. ExP.166Credit voucher for Rs.1,07,23,880.47, dt:29-06-92 in favour of BDL. ExP.167 Debit voucher for Rs. 6,30,000/- dt.3-7-92 signed by A1. ExP.168 Debit remittance voucher for Rs.6,30,000/- dt:02-7-92 showing supply of cash to D.Narasimha Reddy/A-1. ExP.169 D.D. application for Rs.1,50,000/- + exchange of Rs.375/- in favour of K Chandran and Kishore Kumar Menon. ExP.170 Ledger account opening form and ledger sheet of M/s. Karthy Constructions. ExP.171 Debit Voucher for Rs. 10 lakhs, dt:03-07-92 debiting CD A/c. No.191. ExP.172 Remittance voucher for Rs.19,90,000/- dt:03-07-92.
P.193 CC No.14 of 1998
ExP.173 Pay order application for Rs.2 lakhs plus exchange of Rs.25/-, dt:03-07-92 in favour of M/s. PAIGAH Transport Corporation. ExP.174 Pay order application for Rs.45,270/- plus exchange of Rs.25/-, dt:03-07-92 in favour of Techni AIDS. ExP.175 Pay order application for Rs. 20,000/-plus exchange of Rs.25/- dt:03-07-92, in favour of M/s. Atlantic Engineering. ExP.176 Pay order application for Rs. 20,000/- plus exchange of Rs.25/-, dt:03-07-92 in favour of LPE Systems. ExP.177 Pay order application for Rs.10,000/- plus exchange of Rs.25/-, dt:03-07-92 in favour of Shanthi Trading Corporation. ExP.178 D.D Application for Rs. 50,000/- plus exchange of Rs.125/- dt:03-07-92 in favour of Vasundara Marketing. ExP.179 D.D. Application for Rs. 15,000/-plus exchange of Rs.38/- dt: 03-07-92 in favour of M/s. Ramdas Engineering works. ExP.180 D.D. Application for Rs. 40,000/-plus exchange of Rs.100/- dt: 03-07-92 in favour of Balaji Enterprises. ExP.181 D.D. application for Rs. 33,860/-plus exchange of Rs.85/- dt: 03-07-92 in favour M/s. Rishabh Metals and Chemicals Pvt. Ltd, Bombay. ExP.182 D.D. Application for Rs. 2,63,780/-plus exchange of Rs.660/- dt: 03-07-92 in favour of Dinesh Mills Ltd. ExP.183 Pay order bearing No.346926 for Rs. 10,000/-
dt:03-07-92 in favour of Shanthi Trading corporation
ExP.184 Pay order bearing No. 346929 for Rs. 20,000/-,
dt: 03-07-92 in favour LPF Systems.
ExP.185 Pay order bearing No. 346927 for Rs. 20,000/-,
dt:03-07-92 in favour of Atwantic Engineering
Company. ExP.186 Pay order bearing No.346928 for Rs. 45,270/-,
dt:03-07-92 in favour of Technis.
ExP.187 Pay order bearing No. 346924 for Rs. 2 lakhs,
dt:03-07-92 in favour PAIGAH Transport Corporation.
ExP.188 Debit voucher for Rs.4,50,000/- Dt.10-07-1992 debiting CD account of Meridian Granites Pvt. Ltd. ExP.189 Debit voucher for Rs.3,00,750/- dt: 17-7-1992 debiting CD 129 of M/s. Ark Builders. ExP.190 Current account opening form and ledger sheet of M/s. Ark Builders. ExP.191 D.D. application favouring My home constructions for Rs. 3 lakhs plus exchange of Rs.750/-, dt:17-7-92. ExP.192 D.D. bearing No. 883679, dt 17-7-1992 for Rs. 3 lakhs in favour of My home constructions. ExP.193 Current account pay-in-slip for Rs. 75,000/-,
dt:25-09-92 in favour of M/s. ARK Builders.
ExP.194Current account pay-in-slip for Rs. 1,50,000/-,
dt:22-07-92 in favour of M/s. ARK Builders.
ExP.195 Internal credit transfer voucher for Rs.10 lakhs
P.194 CC No.14 of 1998 dt.27-7-1992 credit to M/s. Urvasi enterprises. ExP.196 Specimen signature card of K Ravi Shanker. ExP.197 Debit transfer voucher for Rs.3 lakhs dt:29-07-92 for issuing fixed deposits in the account of K.Ravi Shanker. ExP.198 Credit voucher for Rs.1 lakh each for 3 FDRs
dt:29-07-92.
ExP.199 Fixed Deposit Rceipt bearing No: 0479166, for Rs.1 lakh, dt:29-07-92 in favour of Chief Administrative Officer, S.C. Railway, Secunderabad. ExP.200 Fixed Deposit Rceipt bearing No: 0479167, for Rs.1 lakh, dt:29-07-92 in favour of Chief Administrative Officer, S.C. Railway, Secunderabad. ExP.201 Fixed Deposit Rceipt bearing No: 0479168, for Rs.1 lakh, dt:29-07-92 in favour of Chief Administrative Officer, S.C. Railway, Secunderabad. ExP.202 Debit voucher cancelling Ex.P.201 for Rs. 1 lakh. ExP.203 D.D. Voucher for Rs. 50,000/- plus exchange of Rs.125/- in favour of R.Hemantharaju. ExP.204 D.D.Voucher for Rs. 50,000/- plus exchange of Rs.125/- in favour of V.Srinivasaraju. ExP.205 Debit voucher cancelling Exs.P.199 and 200 for Rs.1 lakh each prepared by A1. ExP.206 Credit voucher for Rs. 2 lakhs dt.27.08.1992 crediting the amount in the account of A.V.K.Raju. ExP.207 Internal advice transferring Rs. 2 lakhs in the account of A.V.K.Raju. ExP.208 Credit voucher for Rs.2 lakhs dt.27.08.1992 of AVK Raju. ExP.209 Internal advice for Rs. 1,75,000/- dt.24.09.1992 crediting to the account of Karthik Constructions. ExP.210 Internal advice for Rs. 1,15,000/- dt.24.09.1992 on account of BC 292 for Rs.80,000/- and BC 293 for Rs.35,000/-. ExP.211 Credit voucher for Rs.2,90,000/- dt.25.09.1992 in the name of Sadasiva Batt. ExP.212 Credit voucher for Rs. 10,000/-, dt:28-10-1992. ExP.213 Debit voucher for Rs. 3 lakhs dt.05.08.1992 debiting the account of M/s. Meridian granites Ltd. ExP.214 Cash remittance voucher for Rs.3 lakhs dt.04.08.1992. ExP.215 Debit voucher for Rs. 10 lakhs, dt. 10-08-1992 debiting the account of M/s. Bharat Dynamics Ltd. ExP.216 Credit advice for Rs. 10 lakhs dt.10.08.1992 to the account of Siva Neelankanta. ExP.217 Internal advise for Rs.10 lakhs dt.10.08.1992 transferring the amount to the account of B.S.Neelakanta. ExP.218 Debit voucher for Rs. 3,50,000/-, dt: 27-08-92 debiting the account of M/s. Meridian Granites. ExP.219 Credit voucher for Rs. 3 lakhs dt:27-08-92 transferring the amount to the account of B.S. Neelakanta. ExP.220 Internal advise for Rs. 3 lakhs dt.27.08.1992 credited
P.195 CC No.14 of 1998 to the account of B.S. Neelakanta. ExP.221 Credit voucher for Rs.3 lakhs dt.27.08.1992 crediting in the account of B.S.Neelakanta vide A/c. No.271. ExP.222 Self cheque of B.S.Neelakanta bearing No. 868167,
dt. 27-8-1992 for Rs. 3 lakhs from the account No.
271. Ex.P.223 Debit voucher for Rs. 15,03,750/- dt.2-9-1992 in favour of M/s.BDL. ExP.224 to D.D. Applications for Rs. 5 lakhs each and exchange 226 of Rs.1,250/- each dt.02.09.1992 in favour of Superintendent of Excise. ExP.227 Debit voucher for Rs. 10 lakhs dt. 11-9-1992 debiting CD-1. ExP.228 Debit voucher Rs. 10 lakhs dt.09-09-92 for supply of cash through A1. ExP.229 DD application form for Rs. 3 lakhs plus exchange of Rs.25/- dt:09-09-92 in favour of M/s. Vamshi Krishna Traders ExP.230 Pay Order for Rs. 3 lakhs bearing No.503499 in favour of M/s. Vamshi Krishna Traders. ExP.231 Pay order voucher for Rs.2,50,000/- plus exchange of Rs.25/- Dt.9-9-92 in favour of Sri Srinivasa Financiers ExP.232 Pay order for Rs. 2,50,000/- bearing No. 503498,
dt. 9.9.1992 in favour of Sri Srinivasa Financiers
ExP.233 D.D.Voucher for Rs.50,000/- plus exchange of Rs.125/- dt.09.09.1992 in favour of Agarwal Enterprises on New Delhi. ExP.234 Current account ledger of Srinivasa Financiers bearing Current Account No:621. ExP.235 Debit voucher for Rs. 300/- dt. 18-9-1992 debiting ASB.184 of D.Narasimha Reddy. ExP.236 Credit voucher for Rs.300/- dt. 18-9-1992 crediting CD 240 of Jani and Clancy and Richards. ExP.237 Outward remittance voucher for Rs.12,65,000/- dt.19-9-92 in favour of Andhra Bank, Bhanur Branch. ExP.238 Pay order application for Rs.2,75,000/- dt. 19-9-1992 in favour of Sri Srinivasa Financiers. ExP.239 Pay order for Rs. 2,75,000/- bearing No:503660 dt.19.09.1992 in favour of Sri Srinivasa Financiers. ExP.240 Internal advice for Rs.12,65,000/- dt. 21-9-1992 of Andhra Bank, Bhanur Branch. ExP.241 Internal advice for Rs.64,28,708/- dt. 24-9-1992 of Andhra Bank, Opera House Branch to Andhra Bank, Bhanur Branch. ExP.242 Credit voucher for Rs.64,28,708/- dt.25-9-1992 in favour of M/s. Jani Clancey & Richards. ExP.243 Debit voucher for Rs.1,81,122/- dt. 25-9-1992 in favour of M/s. Jani Clancey & Richards. ExP.244 Credit voucher for Rs.1,81,122/- dt: 25-09-92 crediting the account of Suresh R. Bhatt. ExP.245 S.B. Account opening form of Suresh R. Bhatt. ExP.246 Ledger extract of S.R.Bhatt.
P.196 CC No.14 of 1998
ExP.247 Self cheque of Suresh R.Bhatt for Rs.1,31,122/- dt.25.09.1992 bearing No. 054962. ExP.248 Self cheque of Suresh R.Bhatt for Rs.50,000/- dt.17.09.1992 bearing No. 0549628. ExP.249 Debit voucher for Rs. 5 lakhs Dt: 1-10-1992 of CD-1 of M/s. BDL ExP.250 D.D Application Rs.5 Lakhs Dt. 1-10-1992 in favour of Sadasiv Bhatt. ExP.251 D.D bearing No. 884317, for Rs. 5 lakhs
dt: 01-10-1992 in favour of Sadashiv Bhatt drawn on
ABCD cell Hyderabad. ExP.252 S.B. Account application form of Sadasiv Bhatt at Andhra Bank, Ameerpet Branch. Ex.P.253 Ledger extract of Sadasiv Bhatt bearing SB A/c. No. 1498 at Andhra Bank Ameerpet Branch. ExP.254 Credit challan for Rs. 5 lakhsdt.03-10-92 favouring Sadasiv Bhatt. ExP.255 Cheque issued by Sadasiv Bhatt for Rs.1 lakh dt.03.10.1992 from his Account No.1498 bearing cheque No.510355 in favour of S.J.Rao. ExP.256 Cheque issued by Sadasiv Bhatt for Rs.25,000/- dt.03.10.1992 from his Account No.1498 bearing cheque No.309236 in favour of Aziz Pasha. ExP.257 Self cheque of Sadasiv Bhatt for Rs.1 lakh dt.03.10.1992 from his Account No.1498 bearing cheque No.510353. ExP.258 Cheque issued by Sadasiv Bhatt for Rs.80,000/- dt.09.10.1992 from his Account No.1498 bearing cheque No.510360 in favour of Sanjay Agarwal. ExP.259 Cheque issued by Sadasiv Bhatt for Rs.80,000/- dt.12.10.1992 from his Account No.1498 bearing cheque No.510363 in favour of Sanjay Agarwal. ExP.260 Cheque issued by Sadasiv Bhatt for Rs.25,000/- dt.20.10.1992 from his Account No.1498 bearing cheque No.510371 in favour of Taher. ExP.261 Cheque issued by Sadasiv Bhatt for Rs.10,000/- dt.15.10.1992 from his Account No.1498 bearing cheque No.510369 in favour of Smt. Sunchala Reddy. ExP.262 Self cheque of Sadasiv Bhatt for Rs.2 lakhs dt.20.10.1992 from his Account No.1498 bearing cheque No.510374. ExP.263 Debit voucher for Rs.2,50,000/- dt. 15-10-92 showing transfer to SB 7117. ExP.264 Debit voucher for Rs. 15,000/- Dt. 20-10-1992 for issuing KTD in favour of Vasantha Bhatt. ExP.265 Debit voucher for Rs. 8 lakhs Dt. 7-10-1992 for cash supplied to Andhra Bank, Bhanur Branch through A1. ExP.266 Debit voucher for Rs. 5 lakhs Dt. 8-10-1992, cash remitted to Andhra Bank, Bhanur Branch, through Manager. ExP.267 Credit voucher for Rs. 8 lakhs dt. 07-10-1992 whereunder cash was remitted from Andhra Bank,
P.197 CC No.14 of 1998
Bhanur Branch through D.N.Reddy/A-1 to Andhra Bank, Ameerpet Branch. ExP.268 Credit voucher for Rs. 5 lakhs dt. 08-10-1992 whereunder cash was remitted from Andhra Bank, Bhanur Branch through D.N.Reddy/A-1 to Andhra Bank, Ameerpet Branch. ExP.269 Internal advice for Rs. 8 lakhs dt.08.10.1992 from Andhra Bank, Bhanur Branch to Andhra Bank, Ameerpet Branch. ExP.270 Internal advice for Rs. 5 lakhs dt.08.10.1992 from Andhra Bank, Bhanur Branch to Andhra Bank, Ameerpet Branch. ExP.271 Debit voucher for Rs. 15 lakhs Dt. 12-10-1992 in favour of M/s. Jani Clancy CD A/c. No.240. ExP.272 Credit voucher for Rs. 15 lakhs .12.10.1992 transferring the fund to the account of B.S. Neelakanta prepared by A1. ExP.273 Internal advice for Rs.15 lakhs dt.12.10.1992 from Andhra Bank, Bhanur Branch to Andhra Bank, Ameerpet Branch towards transfer of fund to the account of B S Neelakanta. ExP.274 Credit voucher for Rs. 15 lakhs Dt. 13-10-1992 crediting SB 271 in favour of B.S. Neelakanta. ExP.275 SelfCheque of B.S.Neelakanta bearing No.868171 dt.13-10-1992 for Rs. 2 lakhs. ExP.276 Self Cheque of B.S.Neelakanta bearing No.868173 dt.15-10-1992 for Rs.5 lakhs. ExP.277 Self Cheque of B.S.Neelakanta bearing No.868174 dt.15-10-1992 for Rs. 2,70,025/-. ExP.278 Self Cheque of B.S.Neelakanta bearing No.868175 dt.16.10.1992 for Rs. 5,30,000/- drawn from SB 271. ExP.279 Debit voucher Rs. 1,25,000/- dt. 24-10-1992 debiting CD 240 of M/s. Jani Clancy and Richards towards transfer to S .Bhatt of Ameerpet Branch. ExP.280 Credit voucher for Rs.1,25,000/- dt. 24-10-1992 crediting S.B. Account of Sadashiv Bhatt. ExP.281 Internal advice for Rs. 1,25,000/- dt.24.10.1992 crediting S.B. Account of Sadasiv Bhatt. ExP.282 Ledger extract of Sadashiv Bhatt bearing SB A/c. No.1498 of Andhra Bank, Ameerpet Branch. ExP.283 Credit voucher for Rs. 1,25,000/- dt. 26-10-1992 crediting the S.B. Account of Sadasiv Bhatt. Ex.P.284Cheque issued by Sadasiv Bhatt for Rs.10,000/- dt.21.10.1992 bearing No.510927 in favour of N.Bhatt. Ex.P.285Cheque issued by Sadasiv Bhatt for Rs.4,800/- dt.26.10.1992 bearing No.510931 in favour of Bulchand Enterprises. Ex.P.286Cheque issued by Sadasiv Bhatt for Rs.42,414/- dt.23.10.1992 bearing No.510932 in favour of RBI Account. Ex.P.287Self Cheque of Sadasiv Bhatt for Rs.8,000/- dt.02.11.1992 bearing No.510933.
P.198 CC No.14 of 1998
Ex.P.288Self Cheque of Sadasiv Bhatt for Rs.5,570/- dt.02.11.1992 bearing No.510934. Ex.P.289Cheque issued by Sadasiv Bhatt for Rs.60,000/- dt.04.11.1992 bearing No.510935 in favour of Sanjay Agarwal. ExP.290 Debit Voucher for Rs. 10 lakhs dt. 29-10-1992 debiting CD-1 of M/s. BDL and it is prepared by A1. ExP.291 Credit voucher for Rs. 10 lakhs dt:29-10-92, amount to be credited to the account of B.S. Neelakanta. ExP.292 Internal advice for Rs 10 lakhs dt:29-10-92, amount to be credited to the account of B.S. Neelakanta. ExP.293 Credit voucher for Rs.10 lakhs dt. 29-10-1992, amount to be credited to the account of B.S.Neelakanta vide SB.271. ExP.294 Self Cheque of B.S.Neelakanta for Rs.10 lakhs, dt.29.10.1992 bearing No. 0822011. ExP.295 Debit voucher for Rs. 1.5 crores dt. 21-01-1993 debiting DL-1/BDL/93. Ex.P296 Credit Voucher for Rs. 1.5 crores dt. 21-1-1993 crediting M/s. BDL. Ex.P297 Debit voucher for Rs. 4,67,63,846.18 ps dt. 22-1-1993 amount debited to TT in favour of RBI, Bombay. ExP.298 Internal H.O. BA-6, dt:22-01-93 for Rs.4,67,53,846.18 ps. ExP.299 Summary of head office account dt.22.01.1993 of Andhra Bank, Bhanur Branch. ExP.300 Deposit loan debit voucher for Rs. 24 lakhs dt. 13-3-1993 in favour of M/s. Indumathi Jani and Madhusudan Jani. ExP.301 Deposit loan credit voucher for Rs. 20,40,520/- dt.13.03.1993 favouring DL – 153/92-93 of I M Jani and M K Jani. ExP.302 D.D. Application for Rs. 1,75,000/- dt.13.03.1993 in favour of B.S. Neelakanta. ExP.303 D.D. bearing No.969067 for Rs. 1,75,000/- dt.13.03.1993 payable to B.S.Neelakanta. ExP.304 D.D. application for Rs. 1,00,250/- dt:13-03-93 in favour of Madhusudan Jani. ExP.305 D.D. Application for Rs. 502/- dt: 13-03-93 in favour of Controller – Administration of Dy. Chief Controller of Imports and Exports Hyderabad.
ExP.306D.D. bearing No. 969068/- for Rs. 500/- dt: 13-03-93 in favour of Controller – Administration of Dy. Chief Controller of Imports and Exports Hyderabad. Ex.P307 Voucher for Rs. 1,75,000/- dt.13.03.1993 in favour of B.S.Neelakanta. ExP.308 SB withdrawal form of BS Neelakanta for Rs. 1,75,000/-
dt. 13-03-93 vide Account No.271.
Exp.309 Debit voucher for Rs. 5 lakhs Dt. 17-3-1993 debiting DL-10/92-93of Madusudan K. Jani ExP.310 Credit voucher for Rs. 5 lakhs dt:17-03-93 credited to the S.B. Account of B.S. Neelakanta. ExP.311 Internal advice for Rs. 5 lakhs showing the transfer of the amount.
P.199 CC No.14 of 1998
Ex.P312 Credit voucher for Rs. 5 lakhs in favour of B.S. Neelakanta vide S.B. A/c. No.271. ExP.313 Withdrawal form for Rs. 5 lakhs, dt.17-03-1993 of B.S.Neelakanta. ExP.314 Debit voucher for Rs.42,35,789/- dt.5-4-1993 debiting KTD 248 favoring S.M. Jani. ExP.315 Credit voucher for Rs. 29,22,172/- dt.5-4-1993 favouring DL 10/92-93 of Ms. Indumathi. ExP.316 Credit voucher for Rs. 13,13,617/- dt.5-4-1993 favouring CD-240. ExP.317 Credit voucher for DDs. for Rs. 13,13,617/- in favour of B.S. Neelakanta. ExP.318 DD bearing No. 969227 for Rs. 4,13,617/- dt.05.04.1993 in favour of B.S. Neelakanta. ExP.319 D.D. bearing No.969226 for Rs. 9 lakhs dt.05.04.1993 in favour of B.S. Neelakanta. ExP.320 Debit voucher for Rs. 6 lakhs Dt. 26-4-1993 debiting DL 16/92-93 in favour of Madhusudan K Jani. ExP.321 S.B. pay in-slip for Rs. 4 lakhs dt: 26-4-93 in favour of Shaw SB Account No. 840. ExP.322 Cheque bearing No. 0566203for Rs. 2 lakhs dt.3-4-1993 in favour of B.S. Neelakantaissuedby P.S. Shaw. ExP.323 Cheque bearing No.0566204 for Rs.2 lakhs dt.3-4-1993 in favour of B.Naganna issued by P.S. Shaw. ExP.324 Pay – in- slip for Rs.2 lakhs dt.03.04.1993 in favour of B.S. Neelakanta vide SB A/c. No.271. ExP.325 Realization Advice dt.03.04.1993 for Rs.4 lakhs issued by Andhra Bank, Ameerpet Branch to Andhra Bank, Bhanur Branch. ExP.326 Self Cheque of B.S.Neelakanta bearing No. 0523851 for Rs.2 lakhs dt. 3-4-1993. ExP.327 Pay-in-slip for Rs. 2 lakhs dt.02.04.1993 in favour of B.Naganna. Exp.328 Andhra Bank, Ameerpet Branch collection schedule dt.3-4-1993 enclosing Ex.P322 and Ex.P323. ExP.329 Self cheque of B.Naganna bearing No. 009372 for Rs.2 lakhs dt. 3-4-1993. ExP.330 Internal advice for Rs. 4 lakhs dt.27.04.1993 from Andhra Bank, Bhanur Branch to Andhra Bank, Ameerpet Branch towards realization of Exs.P.322 and Ex.P323. ExP.331 Debit voucher for Rs.15,86,425/- dt.30-04-1993 cancelling the KTD 249favouring M.Jani. ExP.332 Credit voucher for Rs. 6,00,822/- dt.30-04-1993 crediting DL 16/92-93. ExP.333 Credit voucher for Rs.9,77,928/-, dt:30-04-93 for issuing D.D. in favour of Indumathi M Jani and Madusudan K Jani. Ex.P334 Draft cancellation voucher for Rs.9,77,928/- dt.08-5-1993 cancelling the DD bearing No.295620. ExP.335 DD for Rs.9,77,928/- dt.30.04.1993 in favour of Indumati M. Jani and Madhusudan K. Jani. Ex.P336 Credit voucher for Rs.9,77,928/- dt.8-5-1993 for
P.200 CC No.14 of 1998
DD cancellation. Ex.P337 Credit voucher for Rs. 8,63,000/- dt.08.05.1993, amount to be credited to the account of B.Naganna vide Account No.1079. ExP.338 Internal advice for Rs.8,63,000/- dt.08.05.1993 from Andhra Bank, Bhanur Branch to Andhra Bank, Ameerpet Branch. ExP.339 Credit voucher for Rs.8,63,000/- dt.10.05.1993 in favour of B. Naganna vide S.B. A/c. No.3478. ExP.340 Self cheque of Naganna for Rs.8,99,000/- dt.10.05.1993 bearing No.009373. ExP.341 Debit voucher for Rs. 12 lakhs dt.23-6-93, debiting DL of Madusudan K Jani to CD-240. ExP.342 Credit voucher for Rs. 12 lakhs dt.23-6-1993 in favour of CD 240 of M/s. Jani Clancy Richards. ExP.343 D.D. Application for Rs. 12 lakhs plus exchange of Rs.1500/- dt.23.06.1993 in favour of B.S. Neelakanta. ExP.344 DD bearing No. 969818Dt. 23-6-1993 for Rs. 7 lakhs in favour of BS Neelakant drawn on Andhra Bank, ABCD cell, Hyderabad. Ex.P345 DD for Rs. 5 lakhs bearing No. 969819 dt.23-6-1993 in favour of B..S Neelakanta. ExP. 346 Debit voucher for Rs.3,67,98,408.74 ps. dt:16-06-93 debiting the Account of BDL towards payment to Masco GTD. ExP.347 Sundry creditors voucher for Rs.3,67,98,408.74
dt: 16-06-93.
ExP.348 Debit voucher for Rs.3,67,98,408.74 ps. dt.16.06.1993, to be debited to BDL Account. ExP.349 Credit voucher for Rs.3,67,98,408.74 ps. dt.16.06.1993 towards TT No.014, RBI Account. ExP.350 Internal debit advice for Rs.3,67,98,408.74 ps. dt.16-6-1993 raised by Andhra Bank, Santoshnagar Branch on Andhra Bank, Bhanur Branc. ExP.351 Sundry Creditors voucher for Rs.3,67,98,408.74 ps. dt.25.06.1993, amount kept in CD. ExP.352 Credited voucher for Rs.3,67,98,408.74 ps. dt:25-06-93 to CD-1account. ExP.353 Debit voucher for Rs. 3,04,33,408.74 ps. dt.11-8-1993 in favour of BDL. Ex.P354 Debit voucher for Rs.63,65,000/-dt:11-8-93 in favour of M/s. BDL for issuing FDRs. ExP.355 Fixed Deposit credit voucher for Rs. 16,54,400/- dt.11-08-1993 in favour of Madhusudan Jani. ExP.356 Fixed deposit voucher for Rs.45,45,600/- dt.11.08.1993 in favour of Madusudan K Jani. ExP.357 Fixed Deposit Voucher for Rs. 1,29,75,668.74 ps. dt.11-8-1993 in favour of M/s. BDL. ExP.358 Credit Voucher for Rs. 1,62,36,205/- dt.11-08-1993 for DL 1/BDL/93. ExP.359 Credit voucher for Rs.1,65,000/- dt.11-8-1993 for DL 31/93-94.
P.201 CC No.14 of 1998
ExP.360Deposit loan credit voucher for Rs.12,21,535/- dt.11.08.1993. ExP.361 Pay order voucher for Rs. 851.53 ps. dt. 09-07-1993 of Andhra Bank, Bhanur Branch in favour of Madhusudan K Jani. ExP.362 Andhra Bank, Bhanur Branch pay order for Rs. 851.53 ps. bearing No. 977927, dt.08.07.1993. ExP.363 SB pay-in-slip for Rs. 851.53 ps. dt.17-7-1993 in favour of Lions Club of Bhanur. ExP.364 Deposit loan debit voucher for Rs.1,65,000/- dt.11-8-1993 in favour of M.Ramakrishna Reddy vide DL 31/93-94. ExP.365 Deposit loan debit voucher for Rs. 50,000/- dt.20-8-1993 in favour ofM.Ramakrishna Reddy vide DL37/93-94. ExP.366 Debit loan voucher for Rs. 85,000/- dt.17-8-1993 in favour of M.Ramakrishna Reddy. ExP.367 D.D. application for Rs. 85,000/- plus exchange of Rs.212.50ps dt:17-08-93, in favour of B.S. Neelakanta. ExP.368 D.D. bearing No.970360, dt.17-08-1993 for Rs. 85,000/- in favour of BS Neelakanta. ExP.369 Deposit loan voucher for Rs. 10,000/- dt.24-8-1993 in favour of M.Ramakrishna Reddy vide DL37/93-94. ExP.370 Deposit loan voucher for Rs. 30,000/- dt.17-9-1993 in favour ofDL37/93-94 of M.Ramakrishna Reddy. ExP.371 Deposit loan voucher for Rs. 3 lakhs dt.4-10-1993 in favour of DL48/93 of Madhusudhan K Jani allowed against FDR 66/93-94. ExP.372 Credit voucher for Rs. 3 lakhs dt:04-10-93credit to SB 24740. ExP.373 Internal advice for Rs. 3 lakhs dt.04.10.1993 to Andhra Bank, Vijaynagar colony Branch to be credited to SB 24740. ExP.374 True copy of withdrawal form for Rs.3 lakhs dt.04.10.1993 drawn by B.S.Neelakanta from Andhra Bank, Vijaynagar colony Branch. ExP.375 Debit voucher for Rs. 16,54,400/- plus interest of Rs.29,008.65 ps. dt. 14-10-1993 cancelling FDR 66/93-94 in favour of Madhusudan K Jani which was created on 11-8-93 from BDL funds. ExP.376 Credit voucher for Rs.3 lakhs plus interest of Rs.1028/-
dt: 14-10-1993 in favour of DL 48/93 of Madhusudan K
Jani. ExP.377 D.D. Application for Rs. 9,19,410.65 ps plus exchange of Rs.1500/- dt: 14-10-93 in favour of Madhusudan K Jani. ExP.378 D.D. Application for Rs. 3,70,000/- plus exchange of Rs.925/- dt. 14-10-1993 in favour of Konark Television Ltd. ExP.379 Deposit loan credit voucher for Rs. 1,52,237/- plus Rs.733/- in favour of DL-37/93-94 of M. Ramakrishna Reddy. ExP.380 Computer generated statement of Andhra Bank, Somajiguda Branch pertaining to A/c No.1839of M/s. Neelakant Enterprises for the month of October
P.202 CC No.14 of 1998 1993. ExP.381 Debit voucher for Rs.45,45,600/- plus IPD 57287 and interest 29,890/- dt.20-10-1993 , cancelling FDR 67/93-94 favouring Madhusudan K Jani which was created out of the funds of BDL on 11-8-93 . ExP.382 Credit voucher for Rs. 16,95,000/- for Kalpataruvu Term Deposit 59/93-94 dt. 20-10-1993 in favour of Indumathi k Jani and Madhusudan K Jani. ExP.383 D.D. Application for Rs. 20 lakhs plus exchange of Rs.1500/- in favour of Sara Enterprises. ExP.384 D.D. bearing No.556567 for Rs.9 lakhs dt: 20-10-93 issued by Andhra Bank, Bhanur Branch in favour of Sara Enterprises. ExP.385 DD. bearing No.556569for Rs. 2 lakhs dt: 20-10-93 issued by Andhra Bank, Bhanur Branch in favour of Sara Enterprises. ExP.386 D.D. bearing No.556568 for Rs.9 lakhs dt.20.10.1993 issued by Andhra Bank, Bhanur Branch in favour of Sara Enterprises. ExP.387 Debit voucher, dt. 18-11-1993 cancelling Kalpataruvu deposit 59/93-94, which was credited on 20-10-93 by cancelling FDR 67/93-94. ExP.388 D.D. Voucher for Rs. 16,95,000/- dt.18.11.1993 in favour of Madusudan K Jani for issuing Demand Drafts. ExP.389 Debit voucher dt.22-12-1993 cancelling Fixed Deposit Nos.683/93-94 favouring BDL for total amount of Rs.1,33,45,825/-. ExP390 FDR for Rs.1,29,75,668.74 ps dt.11-8-1993 bearing receipt No.68/93/94 in favour of BDL. ExP.391 Credit voucher for Rs.1,28,00,000/- dt.22-12-1993 in favour of FDR 138/93-94. ExP.392 Credit voucher for Rs. 5,45,825/- dt.22-12-1993 in favour of CD-1 BDL. ExP.393 Debit voucher for Rs.5 lakhs dt.27-12-1993 in favor of DL: 61/93 M/s. M K jani. ExP.394 D.D. application in favour of Indumathi K Jani, for Rs. 5 lakhs plus exchange of Rs. 1,250/-. ExP.395 Debit voucher dt.10-1-1994 canceling FDR 138/93-94 of M/s. BDL for Rs.1,28,00,000/-. ExP.396 FDR receipt No.138/93-94 dt. 10-1-94 for Rs. 1,28,00,000/-. ExP.397 Credit voucher dt.10-1-1994 in favour of CD-1 M/s.BDL for Rs. 1,28,00,000/-. ExP.398 Deposit loan voucher favouring A.V.K. Raju with DL 84/81 for Rs. 1,50,000/-. ExP.399 Credit voucher favouring A.V.K.Raju, for Rs.1,50,000/-. ExP.400 Self Cheque of A.V.K.Raju Rs. 1,50,000/-, dt:10-06-91 bearing No: 202440. ExP.401Credit voucher dt:26-10-91 for Rs.1,50,000/- to the credit of AVK Raju‟s account. ExP.402 Internal advice for Rs.1,50,000/- from Andhra Bank, Bhanur Branch to Andhra Bank, Ameerpet Branch.
P.203 CC No.14 of 1998
ExP.403 Credit voucher for Rs. 1,50,000/- in favour of AVK Raju and company. ExP.404 Current account application dt:27-11-89 of AVK Raju & Co., bearing A/c No: 511. ExP.405 Deposit loan credit voucher dt.30-03-1992 for Rs. 1,58,223.70ps., in favour of AVK Raju, DL 84/91. ExP.406 Internal advice dt.30-03-1992 transferring Rs. 5 lakhs from Andhra Bank, Somajiguda Branch to Andhra Bank, Bhanur Branch. ExP.407 Current account ledger extract ofM/s. AVK Raju & Co., at Andhra Bank, Ameerpet Branch. ExP.408 Self Cheque of A.V.K.Rajubearing No. 915304 dt.10-1-1994 for Rs. 2,00, 500/-. ExP.409 D.D. application dt: 10-01-94 for Rs. 200,000/- plus exchange of 500/- favouring M/s.Prime Pharma tech (India) ltd. ExP.410 Self Cheque of A.V.K.Rajubearing No. 915305 dt:10-01-94 for Rs. 98,250/-. ExP.411 Self Cheque of A.V.K.Rajubearing No. 915308 dt: 18-1-94 for Rs. 3 lakhs. Ex.P412 Self Cheque of A.V.K.Rajubearing No.915309 dt: 19-1-94 for Rs. 3 lakhs. Ex.P413 DD application favouring M/s.Prime Pharmatech Ltd.
dt: 19-01-94 for Rs. 2 lakhs plus exchange of Rs. 500/-.
ExP.414 DD bearing No. 557480 dt: 19-01-94 favouring Prime Pharmatech India Ltd for Rs. 2 lakhs issued by Andhra Bank, Bhanur Branch. ExP.415 Credit challan in favour of M/s. Meridian Granite P. Ltd, for Rs. 50,000/- vide CD-191. ExP.416 Self Cheque of A.V.K.Rajubearing No. 915310, dt.3-2-1994 for Rs. 3,65,400/-. ExP.417 D.D. Application in favour of indumati Madhusudan Jani for Rs. 1,42,700/- plus exchange of Rs.350/-. ExP.418 D.D. Application in favour of Madhusudan Jani for Rs. 2,21,800/- plus exchange of Rs.550/-. ExP.419 Self Cheque of A.V.K.Rajubearing No. 915311, dt.9-2-1994 for Rs. 7,50,000/-. ExP.420 Credit voucher for Rs.6 lakhs dt:09-02-94 in favour of B.S.Neelakanta. ExP.421 Internal advice dt: 09-02-94 from Andhra Bank, Bhanur Branch to Andhra Bank, Vijaynagar colony Branch transferring Rs. 6 lakhs to the account of B.S.Neelakanta. ExP.422 Certified copy of voucher of Andhra Bank, VIjaynagar colony Branch favouring B.S. Neelakanta vide Account No.24740 by crediting Rs. 6 lakhs. ExP.423 Self Cheque of A.V.K.Rajubearing No.915312 dt.19-2-1994 for Rs. 3 lakhs. ExP.424 Self Cheque of A.V.K.Rajubearing No.915314 dt.21-2-1994 for Rs. 5,01,250/-. ExP.425 D.D. Application dt: 21-02-94 in favour of Urvasi Enterprises for Rs. 5 lakhs plus exchange of Rs. 1250/-. ExP.426 D.D. bearing No.960949, Dt. 21-02-1994 in favour of
P.204 CC No.14 of 1998
M/s. Urvasi Enterprises for Rs. 5 lakhs. ExP.427 Self Cheque of A.V.K.Rajubearing No.915315 dt.28-02-1994 for Rs. 2,30,000/-. EXP.428 Self Cheque of A.V.K.Rajubearing No. 915316 dt.2-3-1994 for Rs. 2 lakhs. ExP.429 D.D. application in favour of M/s. Prime Pharmatech India Ltd., for Rs. 2 lakhs dt.02.03.1994. ExP.430 D.D. bearing No.961093 dt.2-3-1994 in favour of M/s. Prime Pharmatech India Ltd. for Rs. 2 lakhsissued by Andhra Bank, Bhanur Branch. ExP.431 Self Cheque of A.V.K.Rajubearing No. 915317 dt.19-03-1994 for Rs. 1 lakh. ExP.432 D.D. application in favour of Lions Club International Foundation for Rs. 31,500/- plus exchange of Rs.80/-
dt:19-3-94.
ExP.433 Debit voucher for Rs. 14,14,590/- dt. 22-3-1994 debiting CD-1 of M/s. Bharat Dynamics Ltd. ExP.434 Credit voucher Rs. 5 lakhs dt:22-03-94 to be credited in the SB A/c. No.24740 of B.S. Neelakanta. ExP.435Credit voucher favouring DL-60/93-94 dt:22-03-94 for Rs. 5,14,590/- of Indumati K Jani and M K Jani. ExP.436 Internal advice from Andhra Bank, Bhanur Branch to Andhra Bank, Vijay nagar colony Branch for Rs. 4 lakhs
dt:22-03-94.
ExP.437 Internal advice for Rs.5 lakhs dt.22.03.1994, amount to be credited in SB A/c. 24740 of B.S. Neelakanta. ExP.438 C.C. of Credit voucher in favour of B.S. Neelakanta for Rs. 5 lakhs vide SB A/c. No.24740. ExP.439 Self Cheque of A.V.K. Raju bearing No. 915318 dt.22-3-1994 for Rs. 2 lakhsand on the reverse adjustment entries of Rs.1,50,375/- and Rs.49,625/- were recorded. ExP.440 D.D. Application dt:22-03-94 in favour of M.Ramakrishna Reddy for Rs. 1,50,000/- plus exchange of Rs.375/-and in the applicant‟s signature place it was noted as MRK Reddy vide CD-248. ExP.441 D.D. bearing No. 961239 dt: 22-3-94, for Rs.1,50,000/-in favour of M.Ramakrishna Reddy. ExP.442 Credit voucher in favour of M.Ramakrishna Reddy for Rs.1,50,000/- dt.22.03.1994. ExP.443 Self Cheque of M.R.K.Reddy bearing No. 343151 for Rs.1,50,000/- dt.22-3-1994. ExP.444 Account opening form of M.R.K. Reddy at Andhra Bank, JubileeHills Branch, Hyderabad. ExP.445 Self Cheque of A.V.K. Raju bearing No.915319
dt. 26-3-1994 for Rs. 4,50,000/-.
ExP.446 Debit voucher dt.30-03-1994 in favour of M/s BDL for Rs. 3 crores. ExP.447 Credit voucher dt.30-03-1994 crediting CD-1 M/s. BDL for Rs. 3 Crores. ExP.448 Debit voucher dt.30-03-1994 debiting CD-1 of M/s. BDL for Rs.3,67,98,408.74 ps stating that amount of
P.205 CC No.14 of 1998
TT.No.014 to Bombay debited on 16-06-93. ExP.449 Duplicate of BA-4 Dt. 16-6-1993. ExP.450 Debit voucher for Rs.27,96,710/- dt.7-6-1994 debiting M/s. BDL on account of FLC 639/4/94. ExP.451 Deposit loan debit voucher for Rs.2 lakhs dt.7-6-1994 favouring DL-6/94-95 of M.R.K. Reddy. ExP.452 Credit voucher for Rs.13,96,710/- dt.7-6-1994, crediting sundry creditors on account of Bill proceeds of FLC 639/4/94. ExP.453 Credit voucher for Rs. 15 lakhs, dt:07-06-94 for issuance of D.D. in favour of M/s. Sonia Shroff. ExP.454 Credit voucher for Rs.1 lakh, dt:07-06-91 in fovour of M.Ramakrishna. ExP.455 D.D. bearing No.962023 for Rs.1 lakh in favour of M.Ramakrishna. ExP.456 Credit voucher for Ex.P455. ExP.457 Self Cheque of M.R.K.Reddy for Rs.1 lakh bearing No. 343156, dt. 8-6-1994. ExP.458 Debit voucher for Rs. 13,96,710/- dt.8-6-1994 debiting sundry creditors. ExP.459 D.D. application in favor of M.Ramakrishna for Rs.13,95,210/- plus exchange of Rs. 1,500/-, dt:08-06-94. D.D. bearing No.962034, dt.8-6-1994 in favour of ExP.460 M.Ramakrishna for Rs.9 lakhs issued by Andhra Bank, Bhanur Branch, Hyderabad. ExP.461 D.D. bearing No. 962035 for Rs. 4,95,210/- dt.8-6-1994 in favor of M. Ramakrishnaissued by Andhra Bank, Bhanur Branch, Hyderabad. ExP.462 Ledger extract of of M.Ramakrishna of Andhra Bank, Ameerpet Branch along with photograph. ExP.463 SB account opening form of M.Ramakrishna at Andhra Bank, Ameerpet Branch. ExP.464 Withdrawal form for Rs.5,95,500/- dt.14-6-1994 whereunder M. Ramakrishna has withdrawn the amount from Andhra Bank, Ameerpet Branch. ExP.465 Withdrawal form for Rs.3 lakhs dt.13.6.1994 whereunder M.Ramakrishnahas withdrawn the amount from Andhra Bank, Ameerpet Branch. ExP.466 Withdrawal form for Rs.5 lakhs dt.13-6-1994 whereunder M.Ramakrishna has withdrawn the amount from Andhra Bank, Ameerpet Branch. Ex.P467 Debit voucher for Rs. 3,72,78,358/- dt.15-6-1994 debiting the account of BDL. ExP.468 Credit voucher for Rs.3,72,78,358/- dt.15-6-1994 crediting Sundry debtors. Ex.P469 Debit advise for Rs.3,72,78,358/- dt.15-6-1994.
ExP.470BA-9 of Andhra Bank, Santoshnagar Branch, dt:15-06-94. ExP.471 Internal advice for Rs.3,72,78,358/- dt.15-6-1994 debiting Andhra Bank, Bhanur Branch. ExP.472 Debit voucher for Rs.3,72,78,358/- dt.23-6-1994 debiting sundry creditors. ExP.473 Credit voucher for Rs.3,72,78,358/- in favour of BDL.
P.206 CC No.14 of 1998
ExP.474 Debit voucher for Rs.3,02,64,655/- dt.25-6-1994 debiting BDL account. ExP.475 Credit voucher for Rs. 6,05,29,315/-, dt:25-06-94 crediting BDL account. ExP.476 Internal advice for Rs.60,529,315/-, dt:25-06-94 to BDL Extension Counter. ExP.477 Credit voucher for Rs.27,48,204/- dt: 28-06-94 on A/c of FABP-12/94. Ex.P478 Debit voucher for Rs.27,96,710/- dt.28-6-1994 debiting BDL account. ExP.479 Cheque bearing No.915292 for Rs. 4 lakhs dt.25-7-1994 in favour of Meda Ramakrishna Reddy vide Account No.238. ExP.480 Current account opening form & ledger extract of Account bearing No. 238. ExP.481 Application form for opening the account and specimen signature card of M.Ramakrishna Reddy. ExP.482Self Cheque of A.V.K.Raju bearing No 915322 dt.2-8-1994 for Rs. 4 lakhs. ExP.483 to DD Applications in favour of Pay and Accounts Office, 485 Kallur for Rs.1 lakh each, dt:02-08-94. ExP.486 to Demand drafts issued by Andhra Bank, Bhanur 488 Branchbearing Nos. 962627, 962628, & 962629
dt:02-08-94 for Rs.1 lakh each in favour ofPay and
Accounts Office, Kallur. ExP.489 DD cancellation voucher of DD bearing No. 962627 dt.02-8-1994 ExP.490 Credit voucher for Rs. 1 lakh in favour of A.V.K.Raju bearing account No.239. ExP.491 & DD cancellation vouchers for Rs.1 lakh each dt:08-09-94 492 cancelling DD Nos.962628 and 962629. ExP.493 Credit Voucher for Rs. 2 lakhs dt.8-9-1994 crediting on account of DD cancellations. ExP.494 Debit voucher for Rs. 2 lakhs dt. 31-8-1994 debiting DL-17/94-95 of M.Ramakrishna Reddy. ExP.495 Credit voucher for Rs.2 lakhs dt:31-08-94 of M.Ramakrishna Reddy. ExP.496 Self Cheque of A.V.K.Raju bearing No 915323 for Rs.3,00,500/- dt.31-8-1994. ExP.497 D.D.Voucher for Rs,1,50,000/- plus exchange of Rs.500/-,
dt:31-08-94 in favour of Mega City Printers.
ExP.498 Cheque bearing No. 915433 for Rs. 34,16,993/- dt.17-10-1994 in the current account of M/s. Jani Clency and Richards (vide Current Account No.240). ExP.499 to DDs bearing No.430469 to 430471 for Rs.9 lakhs each 501dt: 17-10-1994 in favour of Madhusudan K Jani. Ex.P502 DD bearing No. 430475, for Rs.7,14,493/- dt:17-10-1994 in favour of Madhusudan K Jani. Ex.P503 Debit voucher for Rs. 4 lakhs dt.29-10-1994 for debiting DL 17/94-95. ExP.504 Credit voucher for Rs.4 lakhs dt.29.10.1994 in favour of A.V.K. Raju. ExP.505 Self Cheque of A.V.K.Raju bearing No. 915324 for
P.207 CC No.14 of 1998
Rs.4 lakhs dt.29-10-1994. ExP.506 Debit voucher for Rs.4 lakhs dt.29.10.1994 for remittance to Andhra Bank, Bhanur Branch through D.N. Reddy. ExP.507Current account cash challan in favour of Jani Clency and Richards account No.240 for Rs.25 lakhs, dt:28-12-94. ExP.508Cheque bearing No 915434 for Rs.25 lakhs dt.28-12-1994. ExP.509D.D. Application for Rs. 25 lakhs, dt:28-12-94 in favour of M/s. Amogh Business Links. ExP.510 & Demand Drafts for Rs.9 lakhs each dt:28-12-94 in favour 511of Amogh Business Links bearing DD Nos. 431335 and 431336. Ex.P512 Demand Draft for Rs.7 lakhs dt:28-12-94 in favour of Amogh Business Links bearing DD No. 431337. ExP.513Cheque bearing No. 915431 for Rs.1 lakh dt.24-6-1993 in the Current Account No.240. ExP.514DD bearing No. 292310 for Rs.9,19,410.65ps dt.14-10-1993 in favour of Madhusudan K Jani issued by Andhra Bank, Bhanur Branch. ExP.515DD bearing No. 556865 for Rs. 9 lakhs dt. 18-11-1993 in favour of Madhusudan K Jani issued by Andbhra Bank, Bhanur Branch. Ex.P516DD bearing No.556866 for Rs. 7,95,000/- dt.18-11-1993 in favour of Madhusudan K Jani issued by Andhra Bank, Bhanur Branch. ExP.517Cheque bearing No. 915428 for Rs.13,13,617/- dt.5-4-1993. ExP.518Cheque bearing No 915429 for Rs.9,78,000/- dt.8-5-1993. ExP.519Cheque bearing No 915430 for Rs.12,01,500/- dt.23-6-1993 in favour of B.S.Neelakanta. ExP.520Cheque bearing No. 915432 for Rs.851.53 ps.dt 9-7-1993. ExP.521F.D. Voucher for Rs. 40 lakhs dt.7-9-1992 in favour of Indumathi M. Jani. ExP.522Debit voucher for Rs. 40 lakhs dt:07-09-92 debiting bills realized suspense. ExP.523Contra voucher for Rs. 40 lakhs, dt:24-10-92. ExP.524Internal advice for Rs.40 lakhs of Andhra Bank, Opera House Branch to Andhra Bank, Bhanur Branch. Exp.525Letter of Indumati M.Jani dt:07-09-92 to Andhra Bank, Opera House Branch, requesting to transfer of Rs. 40 lakhs to Andhra Bank, Bhanur Branch. ExP.526Credit advice for Rs.40 lakhs dt:08-09-92. ExP.527Debit voucher for Rs. 15 lakhs dt.24-10-1992 on account of CBP No.33. ExP.528Credit voucher for Rs. 15 lakhs dt.06-11-1992 favouring CBP. ExP.529Internal advice for Rs. 15 lakhs dt.30-10-1992 of Andhra Bank, Mathunga Branch to Andhra Bank, Bhanur Branch, informing realization of CBP-33. Ex.P530Credit advice for Rs. 15 lakhs dt.29.10.1992 from Andhra Bank, Mathunga to Andhra Bank, Bhanur Branchon account of realization of CBP-33.
P.208 CC No.14 of 1998
ExP.531D.D. application for Rs. 41,654.90 ps plus exchange of Rs.105/- dt: 01-02-92 in favor of B.S. Neelakanta and in the applicant column M/s BDL name was written by A1. ExP.532D.D. bearing No.011232 for Rs.41,654.90ps dt:01-02-92 issued by Andhra Bank, Bhanur Branch in favor of B.S. Neelakanta. ExP.533Cancelled DD bearing No. 532839 for Rs.40,249.97,
dt:21-02-92 favouring Uni Marine Agencies P.Ltd.
ExP.534D.D. Cancellation voucher for Rs.40249.97ps. dt.21-02-1992. ExP.535D.D. application for Rs.40,147.47 plus exchange of Rs.102.50ps. dt.21-02-1992, issued in favour of B.S.Neelakanta. ExP.536D.D bearing No.011405 for Rs. 40,147.47 dt:21-02-92 in favour of B.S. Neelakanta. ExP.537S.B. pay -in-slip for Rs. 40147.47 in favour of B.S. Neelakanta of SB 271 at Andhra Bank, Ameerpet Branch. ExP.538Cheque bearing No 492873 for Rs.47,000/- dt.22-02-1992 in favour of Urvasi Bar and Restaurant. ExP.539Ledger sheet of B.S. Neelakanta bearing A/c. No. 271 at Andhra Bank, Ameerpet Branch. ExP.540Statement of D.Narasimha Reddy given to General Manager, Vigilance dept, Andhra Bank dt.07-02-1995 in respect of irregularities committed at Andhra Bank, Bhanur Branch. ExP.541Self Cheque of B.S.Neelakanta bearing No. 201631 for Rs.3,50,000/- dt.03.04.1991. ExP.542Self Cheque of B.S.Neelakanta bearing No.201633 for Rs.1 lakh dt.17-5-1991. ExP.543Self Cheque of B.S.Neelakanta bearing No. 201635 for Rs. 1,50,000/- dt.01-07-1991. ExP.544Self Cheque of B.S.Neelakanta bearing No. 201626 for Rs. 2 lakhs dt.08-07-1991. ExP.545Self Cheque of D.Yugandhar bearing No. 201638 for Rs. 1 lakh dt. 09-07-1991. ExP.546Debit voucher of B.S.Neelakanta for Rs.1,40,000/- for S.B. Account No.824. ExP.547Self Cheque of B.S.Neelakanta bearing No 201636 for Rs. 15,000/- dt.9-8-1991. ExP.548Self Cheque of B.S.Neelakanta bearing No. 204672 for Rs. 26,000/- dt.12-8-1991. ExP.549Debit voucher for Rs. 20,000/- dt.14-8-1991 passed by Mr. B.V. Rao and cash is paid to A1. ExP.550Debit voucher of B.S.Neelakanta for Rs.10 lakhs dt.13-12-1991 in Account no: 824 which was written and passed by A1 and cash is paid to him (A1). ExP.551Debit voucher for Rs. 1,50,000/- dt.01-07-1991 for S.B. Account No: 824. passed by Mr. B.V. Rao and T.V. Rao and cash is paid to A1. ExP.552Debit voucher for Rs. 7,000/- dt.01-07-1991 of Account no: SB-824 passed by Mr. B.V. Rao and T.V. Rao and cash
P.209 CC No.14 of 1998 is paid to A1. ExP.553Self Cheque of D.Yugandhar bearing No. 0460683 for Rs. 2 lakhs dt.05-04-1991. ExP.554Self Cheque of D.Yugandhar bearing No. 201623 for Rs.3,04,000/- dt.11-5-1991. ExP.555Self Cheque of D.Yugandhar bearing No. 201624 for Rs.3 lakhs dt.08-06-1991. ExP.556Self Cheque of D.Yugandhar bearing No. 201625 for Rs.3 lakhs dt.04-07-1991. ExP.557Self Cheque of D.Yugandhar bearing No 201628 for Rs.1 lakh dt.31-07-1991. ExP.558Debit voucher for Rs.18,000/- dt. 19-7-1991 for A/C.No. SB 804. ExP.559Debit voucher for Rs. 10,000/- dt.30-07-1991 on account of Sadasiv Bhatt bearing A/c.No. SB-804, passed by Mr. B.V. Rao and cash is paid to A1. ExP.560Self Cheque of Mahesh A. Raju bearing No 203185 for Rs. 70,000/- dt.12-4-1991 onAccount bearing No. 194passed by Mr.B.V. Rao and cash is paid to A1. ExP.561Self Cheque of Mahesh A. Raju bearing No 203186 for Rs.50,000/- dt.15-4-1991 onAccount bearingNo.194 passed by Mr.T.V Rao and cash is paid to A1. ExP.562Self Cheque of Mahesh A. Raju bearing No.203191 for Rs.1,28,000/- dt.23-4-1991 onAccount bearing No. 194 passed by Mr.T.V Rao and cash is paid to A1. ExP.563Debit voucher for Rs. 60,000/- dt.20-6-1991 on account No. CD 194 passed by Mr. B.V. Rao and cash is paid to A1. ExP.564Self Cheque of Mahesh A. Raju bearing No. 204877 for Rs.30,000/- dt.22-6-1991 on account No.194. ExP.565Debit voucher for Rs.2 lakhs dt.9-7-1991 on account No. CD 194. ExP.566Debit voucher for Rs.5,00,000/- dt.11-09-1991 on account No. CD 194. ExP.567Debit voucher for Rs.36,000/- dt.14-09-1991 for CD Account No.194 of M/s. Suvarna Electronics Pvt. Ltd. ExP.568Self Cheque of Mahesh A. Raju bearing No.464235 for Rs.1,19,210/- dt. 23-4-1991 on account No. 704. ExP.569Debit voucher for Rs.2,50,000/- dt.1-7-1991 onAccount No. SB 705. ExP.570Self Cheque of Mahesh A. Raju bearing No. 464240 for Rs.1,15,000/- dt. 5-7-1991 onAccount No. 704. ExP.571Self Cheque of Mahesh A. Raju bearing No.204344 for Rs.25,000/- dt.8-8-1991 onAccount No.704. ExP.572Self Cheque of Mahesh A. Raju bearing No. 204345 for Rs.3,000/- dt.12-8-1991 on Account No. 704. ExP.573Debit voucher for Rs.3 lakhs dt.20-08-1991 on Account No. 704. ExP.574Attested copy of current account opening form of M/s. Amogh Business Links dt.11.06.1994 opened at Federal Bank Ltd. ExP.575Statement of Account of B.S. Neelakanta. of Federal Bank
P.210 CC No.14 of 1998
Ltd., Lakdikapool Branch for S.B. Account No.1403. ExP.576Attested copy of current account opening form of M/s. Amogh Constructions Limited, dt:15-10-94 opened at Federal Bank Ltd., Lakdikapool Branch (On perusal of the document Exhibit number is given to the resolution copy of Amogh constructions Ltd., to which current account opening form is enclosed. Current Account opening form will be referred further in the Judgment). Ex.P.577 & Certified true copies of account opening form and 578statement of account of Account bearingNo.4902. ExP.579True copy of current account opening formof M/s. Amogh Business links dt.24.06.1994 opened at Bank of Baroda, Masab Tank Branch, Hyderabad. ExP.580 True copy of current account opening form of M/s. Urvasi Travels dt.24.06.1994 opened at Bank of Baroda, Masab Tank Branch, Hyderabad. Ex.P581 Statement of account of M/s. Urvasi Travels from 25-06-94 to 14-11-94. ExP.582True copy of statement of account of B.S. Neelakanta from 29-03-1993 to 24-06-1993 for SB Account No.1743. ExP.583True copy of pay-in-slip for Rs.12,00,000/- dt. 23-06-93 in the account of B.S. Neelakantavide SB Account No.1743. ExP.584True copy of cash credit opening form of M/s. Amogh Wines bearing A/c. No. 10059. ExP.585True copy of account statement of M/s. Amogh Wines from 14.07.1994 bearing C.C. Account No. 10059 of Bank of Baroda, Masab Tank Branch. ExP.586Receipt memo given by P.Surya Prakash/PW-27 to PW-40 handing over four documents (two cash books, one Xerox copy of partnership deed and one xerox copy of sub- partnership deed). ExP.587share certificates standing in the name of S.Rajaiah from Sl.No.6906 to 7105 for Rs.2 lakhs. ExP.588Eight envelops containing 25 share certificates for dispatch to S.Rajaiah. ExP.589Share certificates standing in the name of Ch. Venkat Reddy from Sl.No.7951 to 8150 for Rs.2 lakhs. ExP.590Eight Envelopes which contained 25 share certificates for dispatch to Ch.Venkat Reddy. ExP.591Share certificates standing in the name of V.V. Nalinidhar from Sl.No.6181 to 6380 for Rs.2 lakhs. ExP.592Eight envelopes containing 25 share certificates for dispatch to V.V.Nalinidhar. ExP.593Letter addressed by Kajal Ghosh dt.04-12-1995 to PW-40. ExP.594Cash book of M/s. Prime Pharmatech India Ltd. from 11-09-1993 to 31-03-1994. ExP.595Statement of account of M.Ramakrishna Reddy bearing SB Account No. 5307 of Andhra Bank, Jubilee Hills Branch. ExP.596Cheque issued by Ramakrishna Reddy in favour of
P.211 CC No.14 of 1998
G.Sampath Reddy for Rs.8 lakhs bearing No. 162471 dt. 21-10-1993. ExP.597Credit voucher for Rs. 8 lakhs dt. 21-10-1993 to the credit of SB Account No. 5307of M.Ramakrishna Reddy. ExP.598DD bearing No. 556566 for Rs.8 lakhs dt.20-10-1993issued by Andhra Bank, Bhanur Branch in favour of M.Ramakrishna Reddy. ExP.599Statement of current A/c. of M/s. Mega City Printers maintained at Indian Overseas Bank, Adarshnagar Branch from 1st September, 1994 to 16th March, 1994 for A/c. No.1115. ExP.600Xerox copy of D.D. bearing No. 248182 for Rs.1,50,000/-
dt. 31-08-1994 in favour of M/s. Mega City Printers.
Ex.P601 Xerox copy of FDR bearing No. 234618 dt.05-08-1992 of M/s. Jani Clancy and Richards for Rs.9,88,235/-. Ex.P602Xerox copy of FDR bearing No. 234619 dt.05-08-1992 of M/s. Jani Clancy and Richards for Rs.22,076/-. Ex.P603 & Xerox copies of FDRsbearing No. 234621 dt.05-08-1992 P604of M/s. Jani Clancy and Richards for Rs.5,49,020/-. Ex.P605Xerox copy of FDR bearing No. 234622 dt.05-08-1992 of M/s. Jani Clancy and Richards for Rs.2,96,008/-. ExP.606Letter dt. 18-03-1996 issued by the then Sr. Manager, Indian Bank, Bombay Fort Branch to CBI, Hyderabad. ExP.607Certified copy ofaccount relating to M/s. India Exim bearing Current A/c. No. 3/348. ExP.608Certified copy of account relating M/s. Suvinics India Exim Ltd. relating toCurrent A/c. No. 3/365. ExP.609Certified Copy of resolution dt.16.12.1991 of M/s. Suvnics India Exim Ltd. ExP.610Certified copy of credit voucher for Rs.7,95,000/-
dt:12-02-92 pertaining to the account of M/s. Suvinics
India Exim Ltd. ExP.611Certified copy of debit voucher for Rs. 23,32,670/-, dt.17-02-1992 of M/s. Suvnics India Exim Ltd. ExP.612Certified copy of credit voucher for Rs.10 lakhs dt.17-02-1992 of M/s. Suvinics India Exim Ltd. ExP.613Certified copy of credit voucher for Rs.10,50,000/- dt.26-2-1992 of M/s. Suvnics India Exim Ltd. ExP.614Certified copy of credit voucher for Rs.3,75,000/- dt.27-02-1992 for Rs.3,75,000/- of M.s,Suvnics India Exim Ltd. ExP.615Certified copy of credit voucher for Rs.9,25,000/- dt.27-2-1992 of M/s. Suvinics India Exim Ltd. ExP.616Certified copy of debit voucher for Rs.23,34,644/- dt.27-02-1992of M/s.Suvnics India Exim Ltd. ExP.617Certified copy of Credit voucher for Rs. 4 lakhs
dt:11-09-91 of M/s. India Exim.
ExP.618Certified Copy of credit voucher for Rs.5 lakhs dt.10-10-1991 of M/s. India Exim. ExP.619Certified Copy of Credit Voucher for Rs.4 lakhs dt.03-10-1991 of M/s. India Exim. ExP.620Certified Copy of Credit Voucher for Rs.16 lakhs
P.212 CC No.14 of 1998 dt.14-10-1991 of M/s. India Exim. ExP.621Certified copy of Cheque bearing No.607314 for Rs.15 lakhs dt.30-12-1991 of M/s. India Exim. ExP.622Certified copy of Cheque bearing No. 607315 for Rs.10 lakhs dt.30-12-1991 of M/s. India Exim. ExP.623Savings Bank account copy of of M.K.Jani opened at Central Bank of India, Marine Lines Branch, Mumbai. ExP.624Certified copy of credit voucher for Rs.1 lakh dt.16-3-1993 drawn on Andhra Bank, Bombay. ExP.625Certified copy of Credit voucher for Rs.1,42,700/- dt.05-01-1992 relating to M K Jani. ExP.626Certified Copy of Credit voucher for Rs.2,21,800/- dt.05-02-1994 relating to M K Jani. ExP.627Certified copy of Credit voucher for Rs.5 lakhs dt.7-1-1994, relating to M K Jani. ExP.628Certified copy of account opening form of Madhusudan K Jani and Indumati K Jani dt:13-07-1976 of State Bank of India, Marine Lines Branch, Mumbai. ExP.629Fixed Deposit opening form for Rs.55,71,000/- dt.4-6-1992 in the names of Indumathi M Jani & Madhusudan K. Jani. ExP.630Bankers cheque for Rs.40 lakhs bearing No.003600 dt.07-09-1992 in favour of Andhra Bank account of I.M Jani and M K Jani. ExP.631Bankers cheque for Rs.15 lakhs bearing No. 003727 dt.22-10-1992 in favour of M K Jani. ExP.632FDR receipt for Rs.45,000/- bearing No. 31/266, dt.9-6-1992 for Rs. 45,000/- in favour of I.M Jani and M K Jani. ExP.633FDR receipt for Rs.36,000/- bearing No. 31/389, dt.9-6-1992 for Rs. 36,000/-in favour of I.M Jani and M K Jani. ExP.634Xerox copy of requisition dt.07-03-1996 from CBI.,Hyderabad to the Manager, Indian Bank, Mumbai. Letter addressed by Sr. Manager, Indian Bank, Mumbai ExP.635dt.04.04.1996 furnishing Fixed Deposits of M/s. Jani Clency and Richards to CBI. ExP.636 to Certified copies of FDRs bearing No:238682, 238683, 639238684, 238685 dt:20-07-92 for Rs.5,51,906/- each in the name of M/s. Jani Clency and Richards of Indian Bank, Nepean Sea Road Branch, Mumbai. Ex.P640 Certified copy of FDR bearing No:238693 dt:23-07-92 for Rs.7,80,612.35 in the name of M/s. Jani Clency and Richards of Indian Bank, Nepean Sea Road Branch, Mumbai. Ex.P641 Certified copy of FDR bearing No:238703 dt:25-07-92 for Rs.6,69,024.55 in the name of M/s. Jani Clency and Richards of Indian Bank, Nepean Sea Road Branch, Mumbai.
P.213 CC No.14 of 1998
Ex.P642 Certified copy of FDR bearing No:238686 dt:20-07-92 for Rs.3,31,144/- in the name of M/s. Jani Clency and Richards of Indian Bank, Nepean Sea Road Branch, Mumbai. ExP.643 to Certified copies of pay orders for Rs.5,62,793/- each 646dt.18.09.1992 for Fixed Deposit Receipts covered by Ex.P636 to Ex.P639. ExP.647Certified copy of pay order for Rs.3,37,676/- dt.18.09.1992 for Fixed Deposit Receipt covered by Ex.P642. ExP.648Certified copy of pay order for Rs.7,95,241/- dt.18.09.1992 for Fixed Deposit Receipt covered by Ex.P640. ExP.649Certified copy of pay order for Rs.6,81,122/- dt.18.09.1992 for Fixed Deposit Receipt covered by Ex.P641. Ex.P650 & Letters addressed by S.P., CBI, Hyderabad dt.28-08-1996, 65127-01-1997 to GEQD, Hyderabad. ExP.652Specimen signatures of Vijayakumar Raju. ExP.653Specimen signatures of Venkata Reddy. ExP.654Specimen signatures of M.K.Jani. ExP.655Specimen signatures of Smt. Indumathi M. Jani. ExP.656Specimen writings and signatures of D.Narasimha Reddy. ExP.657Specimen signature and writings of B.Nagaraj. ExP.658Specimen writings of B.S. Neelakanta. ExP.659Specimen writings of Sadasiva Bhatt. ExP.660Admitted writing and signatures of D.Narasimha Reddy. ExP.661Admitted writings and signatures of D.Narasimha Reddy. ExP.662Admitted signatures of A.Vijay Kumar Raju. ExP.663Admitted signatures of M.K Jani. ExP.664Report/opinion of Government Examiner for Questioned Documents, dt.27-09-96. ExP.665Findings given by Government Examiner (PW-38)
dt: 27-09-96.
ExP.666Supplementary opinion of G.E.Q.D., dt:11-02-97. ExP.667Supplementary opinion of G.E.Q.D. dt: 11-02-97. ExP.668Forwarding letter of Government Examiner dt:18-02-97 to Superintendent of Police, CBI, HYD. ExP.669Forwarding letter ofGovernment Examiner dt:04-09-96 to S.P., CBI, Hyderabad. ExP.670Sanction order dt.30-12-1997 to prosecute A.1. ExP.671F.I.R. dated: 09-02-1995. ExP.672F.I.R. dated: 09-02-1995. ExP.673Search list prepared at the house of A.1, dt:11-02-95. ExP.674Search list prepared at the house of A.3 dt:11-02-95. ExP.675Inventory prepared at the house of A.1 dt:11-02-95. ExP.676Search list prepared at the house of A.3, dt:11-02-95. ExP.677Search list prepared at the office of A3, dt:11-02-95. ExP.678Search list prepared at the office of A3, dt:11-02-95. ExP.679Search list prepared at the office of Mahesh A Raju
dt: 11-02-95.
Ex.P680Search list prepared at the house of Mahesh A Raju/A.6,
P.214 CC No.14 of 1998
dt: 11-02-95.
ExP.681Search list prepared at the house of A.11/ AVK Raju
dt: 11-02-95.
ExP.682List of inventory relating to locker of A.1 and A.3. ExP.683Inventory of locker No:294 in the name of Smt. & Sri B.S. Neelakanta at Andhra Bank, Somajiguda Branch,
dated: 02-03-1995.
ExP.684Inventory of locker No:116 in the name of PVK Raju & Ms.Rajeshwari at Vysya Bank, Ameerpet Branch on 02-03-95. ExP.685Inventory of locker No:53 of PVK Raju & Ms.Rajeshwari at SBH, S.R.Nagar Branch, dt:02-03-95. ExP.686Inventory of locker No: 465 of P.Rajeshwari & Sunanda Raju, dt.6-3-95 at Andhra Bank, S.R.Nagar Branch. ExP.687Letter addressed by PW-40 to the Registrar of Firms vide letter dt.24-10-1996. ExP.688Reply Letter No:F1/80/96, dt.01-11-1996 from the Registrar of Firms to Inspector of Police, CBI, Hyderabad. ExP.689Letter dt. 24-10-1996 from PW-40 to the Registrar of companies. ExP.690Reply dt.31-10-1996 from the Registrar of Companies to Inspector of Police, CBI, Hyderabad. ExP.691Letter dt.21-01-1997 from the Registrar of Companies, A.P., to Inspector of Police, CBI, Hyderabad. ExP.692Letter addressed by PW-40 to A.P. Industrial Infrastructure Corporation dt.15-11-1995. ExP.693Reply letter No:9404/DW/D3/CHP/PH.II/88,dt.29-12-1995 from A.P.I.I.C. to CBI, Hyderabad. ExP.694Letter addressed by PW-40 dt.15-11-1995 to M/s. Pitambar Lalji &Sons, Bombay. ExP.695Reply dt.09-12-1995 from M/s. Pitambar Lalji &Sons to the Inspector of Police, CBI, Hyderabad. ExP.696Letter addressed by PW-40 to Parekh Marine Agencies (P) Limited dt.15-11-1995. ExP.697Reply dt.09-12-1995 from Parekh Marine Agencies (P)Limited to the Inspector of Police, CBI, Hyderabad. ExP.698Letter addressed by PW-40 to Tolani Bulk Carriers dt.15-11-1995. ExP.699Reply given by Tolani Bulk Carriers dt.22-11-1995 with annexures narrating their transactions with M/s. India Exim. ExP.700Letter addressed by PW-40 dt.15-11-1995 to M/s. Uni Marine Agencies Pvt. Ltd.,about DD No. 532840
dt:01-02-92 for Rs.23,741.55 ps., and DD No.532838,
dt:01-02-1992 forRs.40,249.97 ps.
ExP.701Reply given by M/s. Uni Marine Agencies Pvt. Ltd to Inspector of Police, CBI, Hyderabad dt.09-01-1996. ExP.702Amended partnership deed dt.16-10-1991 of Mahesh A Raju. ExP.703Original Partnership deed, dt:24-04-91 between Mahesh A Raju and B.S.Neelakanta, D.Tulasi, Mrs. Vasantha Bhatt. Ex.P704General Power Attorney, dt:24-4-1991.
P.215 CC No.14 of 1998
ExP.705Certified Copy of account opening form of M/s. India Exim alongwith copy of partnership deed. ExP.706Debit and credit entries register of M/s. India Exim. ExP.707Letter addressed by PW-40 to Madhusudan K Jani to produce documents U/s. 91 Cr.P.C. dt.08-05-96. ExP.708Reply given by Amit M Jani to Inspector of Police, CBI, Hyderabad dt.20-05-1996. ExP.709Reply given by A-2 to Inspector of Police, CBI, Hyderabad dt.30-05-1996. ExP.710Certified Copy of Memorandum and Articles of Association of M/s.Suvnics India Exim Ltd. ExP.711Certified Copy of specimen signature card of A6 and A7 of State Bank of India, International Division Branch, Hyderabad. ExP.712Annexure-I of M/s. Suvnics India Exim Ltd. containing the names and addresses of the Directors. ExP.713Bunch of documents seized from the office of M/s.Suvnics India Exim Ltd. dt.11.02.1995. ExP.714Cash book seized in the office of M/s. Suvnics India Exim Limited for the period from 01-11-91 to 31-03-92. ExP.715Diary of A.6 (Mahesh A Raju) seized from his office. ExP.716Letter addressed by PW-40 to the Manager, Indian Overseas Bank, Ville Parle Branch, to furnish details of DD No.248037 and 038 for Rs.9 lakhs and Rs.6 lakhs, dt.08-12-1995 . ExP.717Reply given by Indian Overseas Bank with annexures to Inspector of Police, CBI, Hyderabad dt.16-12-1995. ExP.718Letter addressed by PW-40 to the Controller (Admin) of Imports andExports seeking information about DD No.969068 for Rs.500/-, dt.15-11-1995. ExP.719Reply received from Controller (Admin.) of Imports and Exports dt.22-11-1996 stating that the DD was submitted on behalf of M/s. Jani Exim Ltd., Plot No.1, Sree Balaji Enclave, Transport road, Secunderabad for grant of I.E.C code Number. ExP.720Memorandum and Articles of Association of M/s. Jani Exim Limited. ExP.721Letter addressed by K.Rama Rao to CBI, Hyderabad on 23-01-1996 showing the pay orders for Rs.64,28,708/- (Ex.P601 to Ex.P605). Exp.722Partnership deed dt.18-10-1993 of M/s. Sara Enterprises. ExP.723Xerox copies of documents pertaining to M/s. Suvinics India Exim Ltd. ExP.724File No.2 containing set of originals and photo copies with reference to issuance of FDRs in the name of Indumathi Jani and Madhusudan Jani. ExP.724(a)Letter addressed by Madhusudan K. Jani to Sadasiv Bhatt dt.13-3-1995. ExP.724(b)Letter addressed by Madhusudan K. Jani to B.S. Neelakanta dt:02-01-1995.
ExP.724(c)Letter addressed by Madhusudan K. Jani to Narsimha Reddy dt.Nil.
P.216 CC No.14 of 1998
ExP.725Proceedings dt.24-4-1996 prepared by PW-40. ExP.726Acknowledgement of the documents collected in RC. 8(A)/95 and RC. 9(A)/95 on dt.9-2-1998. ExP.727Certified Copy of Plaint in O.S.No.318/2001 on the file of III Addl.Chief Judge, City Civil Court, Hyderabad. ExP.728Certified Copy of Plaint in O.S.No.1233/1997 on the file of III Addl.Chief Judge, City Civil Court, Hyderabad. ExP.729Certified Copy of Account opening form of M/s. Urvasi Enterprises dt.20.12.1990 of Andhra Bank, Somajiguda Branch. ExP.730Certified Copy of Partnership Deed of M/s. Urvasi Enterprises dt.25.10.1990. ExP.731Certified Copy of ledger extract of M/s. Urvasi Enterprises bearing A/c. No.1525. ExP.732Certified Copies of Specimen signature cards of Smt. B.Lakshmidevi and Sri B.S. Neelakanta of A/c. No.1525. ExP733Account opening form cum specimen signature of B.S.Neelakanta dt.18.08.1993 of Andhra Bank, Vijayanagar Colony Branch, Hyderabad. ExP734Original Ledger extract of the account of B.S.Neelakanta vide SB A/c No.24740. ExP735Credit voucher for Rs.6 lakhs dt:09-02-1994 transferred from Andhra Bank, Bhanur Branch to S.B. A/c No.24740. ExP736Credit voucher for Rs.5 lakhs dt.nil transferrd from Andhra Bank, Bhanur Branch to S.B. A/c. No.24740. ExP737Account opening form-cum-specimen signature card of R.Seshagiri Rao of Andhra Bank, Vijaynagar Colony Branch, Hyderabad. ExP738Original Ledger extract of R.Seshagiri Rao pertaining to SB A/c No.25236. ExP739Original Ledger extract of R.Seshagiri Rao bearing old A/c No.25220. ExP740Credit voucher for Rs.4 lakhs dt:22-03-1994 transferred from Andhra Bank, Bhanur Branch to A/c No.25220. ExP741Letter addressed by Sri. C.P Sasidharan, Manager, Federal Bank, Lakdikapool Branch to the Inspector of Police, CBI, Hyderabad dt.15-12-1995 enclosing the certified copies of vouchers relating to M/s. Amogh Business Links CD A/c. No.271. ExP742Certified copy of statement of account of M/s. Amogh Business Links bearing CD A/c No.271.
Documents marked on behalf of the Defence :
Ex-D1Audit report dated:07-05-1991, prepared by M/s.Anand and Associates, Auditors of Andhra Bank, Bhanur Branch. Ex-D2Inspection report of Andhra Bank, Bhanur Branch, conducted by Sri.D.Raghava Rao and Sri.N.Y.L.Narsimha Rao, for the year 1991-1992. Ex-D3Inspection report of Andhra Bank, Bhanur Branch, conducted
P.217 CC No.14 of 1998 by Sri.P.Jayanth, Inspector of Branches for the year 1992- 1993 from 03-05-1993 to 15-5-1993. Ex-D4Inspection report conducted by Sri.V.S.S.Narsimha Rao and Sri. Ch.Muralikrishna, Inspectors of Andhra Bank for the year 1993-94 from 13-6-94 to 20-06-94. Ex-D5 Certified copy of cheque bearing No. 505601, dt. 22-5-1993 for Rs.1,00,000/- issued by M.K.Jani.
Sd/-
FAC I ADDL. SPECIAL JUDGE
FOR CBI CASES, HYDERABAD.
P1 C.C.No.7 of 2012
IN THE COURT OF THE PRINCIPAL SPECIAL JUDGE FOR CBI CASES,
HYDERABAD.
Dated : Thursday, the 31st day of March, 2022.
Present : B.R.Madhusudhan Rao,
Principal Special Judge for CBI Case,
Hyderabad.
C.C.No. 07 of 2012
Between:
The State through CBI/ACB, Hyderabad….. Complainant
AND
1.C.V.Ranganatha Chowdary S/o Sri Ramakrishna Chowdary, Aged 42 years Real Estate Business, R/o No.303, H.No.12-6-2/240, Adithya Avenue, Viveknagar, Kukatpally, Hyderabad.….. A1
2.V.Santhosh Kumar S/o Sri.V.V.Subbaiah, aged 47 years, Business, R/o H.No.1-171, Main Bazar, Railway Kodur, Kadapa District.….. A2
3.P.Suresh Naidu S/o Late Sri.P.Mohan Raj Naidu, Aged: 49 years, R/o H.No.27-23/4, L.B.Nagar (Behind Krupa Complex), Safilguda, Malkajgiri, Hyderabad.…..A3
4.M.Madhusudan Rao S/o Sri.M.Venkateswara Rao Aged: 42 years, Real Estate Business, R/o No.27, 16/33/2, Near Krupa Complex, L.B.Nagar Colony, Safilguda, Hyderabad.….. A4
5.Mekala Mohan Rao S/o Sri Narsimham Aged: 59 years, Manager, Scale-II, Bank of Baroda, Adarsh Nagar Branch, Hyderabad. R/o H.No.24-93/02, Anand Bagh, Malkajgiri, Hyderabad.….. A5
This C.C. came before me on 16.03.2022 for final hearing in the presence of Sri D.Gopinath - Public Prosecutor for the CBI/Complainant and of Sri Mohd. Muzafer Ullah Khan - Counsel for A1, Sri Y.Someswara Rao - Counsel for A2, Sri K.Sai Krishna Mohan Rao - Counsel for A3 and A4 and of Sri Sharath Chandra Sivalenka - Counsel for A5and after hearing the
P2 C.C.No.7 of 2012 arguments and perusing the material on record, and that the matter having been stood over for consideration till this day, this Court delivered the following:
J U D G M E N T
1. The brief averments of the charge sheet are as under:
1.1. Sri.C.V.Ranganatha Chowdhary (A1) opened Current Account at Bank of Baroda with
Adarsh Nagar Branch, Hyderabad bearing A/c.No.25680200002747 in the name of M/s. Shiri
Avenues Pvt. Ltd. by forging the signatures of two of the Directors in Board Resolution and without their knowledge and consent.
1.2. In fact, M/s. Shiri Avenues Private Limited had five Board of Directors ie., Sri.Herial
Nadeem Ahmed (30% share), Sri.Lakki Setty Sudarshan (25% share), Sri.C.V.Ranganatha
Chowdary (A1) (15% share), Sri.G.Krishna Reddy (15% share) and Smt.H.Shahina Praveen (15% share) as per the Articles of the Association of the Company. The Company was functioning initially at Flat No.007, Everest Block, Adhitya Enclave, Ameerpet, Hyderabad 500 038.
1.3. In the last week of January, 2011, Sri.C.V.Ranganatha Chowdary (A1) met the Branch
Manager, Adarsh Nagar Branch, Bank of Baroda, Hyderabad, ie., Sri.Mekala Mohan Rao (A5) and requested him to open a current account in the name of firm. Sri.C.V.Ranganatha
Chowdary (A1) submitted Form-1 i.e, Certificate of Incorporation, copy of PAN Card of Company and also his personal PAN card for opening the account. On 16.02.2011, Sri.C.V.Ranganatha
Chowdary (A1) signed in all the columns of the current account opening form. The introduction from existing account holder was not done as per the norms of the Bank and the introduction was taken care of by the Branch Manager, Sri.Mekala Mohan Rao (A5). On 17.02.2011,
Sri.C.V.Ranganatha Chowdary (A1) deposited Rs.10,000/- as initial amount in the current account. Further, the amount was kept under the Head „GL Sundry Deposits‟, since the current account was not formally opened on 17.02.2011. On 18.02.2011, the account details were fed
P3 C.C.No.7 of 2012 into the system by Sri.Gunti Sudhir, Clerk and it was verified by the Manager, Sri.Mekala Mohan
Rao (A5).
1.4. Sri.Melaka Mohan Rao (A5) has made an entry in the Cheque Book Register and issued cheque book Sl.No.502201 to 502250 (50 leaves) on 28.02.2011 to Sri.C.V.Ranganatha
Chowdary (A1) without the initial of cheque issuing authority, which was done by A5 in violation of KYC norms. Sri.C.V.Ranganatha Chowdary (A1) has not complied the KYC norms while opening the current account in the Bank. Sri.Mekala Mohan Rao (A5) has not obtained signatures of all the Directors of M/s. Shiri Avenues Private Limited and during the course of investigation, it was revealed that Sri.C.V.Ranganatha Chowdary (A1) has forged the signatures of two of the Board Directors ie., Sri.H.Nadeem Ahmed and Sri.L.Sudarsan.
1.5. Sri.C.V.Santhosh Kumar (A2), Proprietor of M/s. Suraj Impex along with Mrs.Shobhana
A.Mehta purportedly entered into an agreement on Non-Judicial Stamp Paper worth Rs.50/- with Sri.C.V.Ranganatha Chowdary (A1) on 03.03.2011 for purchasing six flats worth Rs.4.20 crores, situated at Sri.C.B.R.Krishnaveni Estates, Yapral Village, Malkajgiri Mandal with an intention to cheat the Bank of Baroda. In the Sale Agreement, it was mentioned that the purchasers paid the earnest money to the Vendor by way of cheque bearing no.353530 dt.03.03.2011 for Rs.3.25 crores drawn on Bank of Baroda, Opera House Branch, Mumbai. It is mentioned in the cheque that it is paid on behalf of both the purchasers for purchasing the apartments even though Smt.Shobana A.Mehta has issued the cheque. The balance amount of
Rs.95.00 lakhs would be paid by the purchaser for their respective apartments within the stipulated time in the agreement. The agreement is seized during the course of investigation in the house of Sri.P.Suresh Naidu (A3). Accused persons have prepared the very same agreement in another Non-Judicial Stamp Paper worth Rs.50/- bearing No.N-899997 on the same day, which was received from Sri.M.Madhusudan Rao (A4). The attitude of the accused persons proves the criminal intention to cheat Bank of Baroda by preparing two separate
P4 C.C.No.7 of 2012 agreements, to cover up their conspiracy by crediting the amount of Rs.3.25 crores and further withdrawal.
1.6. On 03.03.2011 Sri.C.V.Ranganatha Chowdary (A1), Sri.P.Suresh Naidu (A3),
Sri.Madhusudan Rao (A4), Sri.Thumma Raju (Approver) along with Sri.Shaik Ethesham Ali @ Rehan (Approver) and Sri.Munawar Khan (A7) brought cheque No.353530 and handed over the same to Sri.V.Santosh Kumar/A2 purportedly signed by the account holder Smt.Shobhana
A.Mehta and presented the same to the Branch Manager, Sri.Mekala Mohan Rao (A5) for crediting the current account of M/s. Shiri Avenues Private Limited. Smt.Shobhana.A.Mehta was having a savings account No.04090100001282. Sri.Mekala Mohan Rao (A5) handed over the above said cheque to Sri.Gunti Sudhir, Clerk and asked him to verify the balance amount available in the account. Sri.Gunti Sudhir verified the balance amount and informed Sri.Mekala
Mohan Rao (A5) ie., a sum of Rs.4.00 crores is available in the account. Sri.Mekala Mohan Rao (A5) verified the account holder‟s signature, filled up the name of the payee and amount in words and figures in the cheque. He also filled the Common Deposit Slip for the said amount without the signature of the depositor. Sri.Mekala Mohan Rao (A5) gave the cheque to Sri.Gunti
Sudhir, Clerk to make an entry in the system, after doing so, Sri.Mekala Mohan Rao (A5) effected Core Banking Solution (CBS) by transferring the amount of Rs.3.25 crores from
S.B.A/c.No.04090100001282 of Smt.Shobhana A.Mehta of Opera House Branch, Mumbai to
Adarsh Nagar Branch in the current account of M/s. Shiri Avenues Private Limited bearing
A/c.No.25680200002747. There was an alteration in the account number and cheque number which was visible in the cheque presented by the accused persons. Sri.Mekala Mohan Rao (A5) ignored the said aspect and failed to verify the genuineness of high value cheque through Ultra
Violet Ray Machine while passing the intersol cheque for Rs.3.25 crores. Due diligence was not shown by Sri.Mekala Mohan Rao (A5) by contacting the base branch i.e., Bank of Baroda, Opera
House Branch, Mumbai. Investigation revealed that Sri.Ashwin Kumar Mehta‟s (Account
No.040901/1282) family did not issue cheque bearing No.353530 dt.03.03.2011 for Rs.3.25
P5 C.C.No.7 of 2012 crores. Sri.Ashwin Kumar Mehta stated that he has used 19 cheques from the cheque book except the cheque bearing No.353530 and it was missing for quite sometime.
1.7. On 03.03.2011, Sri.C.V.Ranganatha Chowdary (A1) drew a sum of Rs.50.00 lakhs through self cheque No.502201 which was entered by Sri.Gunti Sudhir, Clerk and verified by
Sri.Mekala Mohan Rao (A5). Since the Branch was not having such huge amount, Sri.Mekala
Mohan Rao (A5) went to Main Currency Chest in the vehicle of Sri.C.V.Ranganatha Chowdary (A1) and handed over Rs.50.00 lakhs to Sri.M.Madhusudhan Rao (A4) at the entrance gate.
Investigation reveal that Rs.50.00lakhs was drawn on 03.03.2011, out of which Rs.45.00 lakhs was kept in the car of Sri.V.Santhosh Kumar (A2) by Sri.M.Madhusudhan Rao (A4) in the presence of Sri.Shaik Ethesham Ali @ Rehan (Approver), Rs.3.00 lakhs was taken by Sri.Mekala
Mohan Rao (A5) and Rs.1.00 lakh each was taken by Sri.P.Suresh Naidu (A3) and Sri.Thumma
Raju (Approver), who is the friend of Sri.M.Madhusudhan Rao (A5).
1.8. On 03.03.2011, Sri.C.V.Ranganatha Chowdary (A1), Sri.V.Santhosh Kumar (A2) and
Sri.M.Madhusudan Rao (A4) requested Sri.Mekala Mohan Rao (A5) to make RTGS transaction of
Rs.1.75 crores in favour of M/s. Suraj Impex having current account No.704496633 at Srinagar
Colony Branch, Indian Bank owned by Sri.V.Santosh Kumar (A2). Sri.Mekala Mohan Rao (A5) himself filled cheque bearing No.502203 for RTGS transfer and also filled RTGS form which was signed by Sri.C.V.Ranganatha Chowdary (A1). When the RTGS transfer was effected by the
Branch Manager of Indian Bank, Srinagar Colony Branch, he found that current account of
M/s. Suraj Impex has already became NPA. The Branch Manager, Indian Bank, Srinagar Colony opened current account No.939953286, the Branch Manager after adjusting NP amount of
Rs.4,61,040/- from RTGS amount, allowed Sri.V.Santhosh Kumar (A2) to make the transactions with the balance amount of Rs.1,70,38,960/-, the transactions are as under:-
On 03.03.2011
1. Self withdrawal of Rs.50.00 lakhs by A2
2. Remittance of Rs.2.00 lakhs by A2.
P6 C.C.No.7 of 2012
On 04.03.2011
1. Self withdrawal of Rs.10.00 lakhs by A2
2. RTGS transfer of Rs.2.00 lakhs favouring Virtus Impex – Axis bank
3. Self withdrawal of Rs.9.5 lakhs by A2.
4. RTGS transfer of Rs.29.95 lakhs favouring to Sri.Rajeswar Rao – ING Vysya Bank
5. RTGS transfer of Rs.60.00 lakhs favouring Nukala Vadata – Barclays Bank
6. Issued cheques to Sri.Kishore Rs.75,000/-, Sri.Murali Rs.1.00 lakh by A2
On 05.03.2021
1. Self withdrawal of Rs.5.00 lakhs by A2
On 07.03.2011
1. Remittance of Rs.1.65 lakhs by A2
Balance outstanding Rs.8.22 lakhs (This amount was withheld by the Bank on the authority of
Hon‟ble CBI Spl. Judge, Hyderabad)
1.9. On 04.03.2011, Sri.Madhusudhan Rao (A4) presented blank cheque No.502202 to the
Branch Manager ie., A5 and asked him to fill up the cheque of Rs.50.00 lakhs for self (Sri.C.V.Ranganatha Chowdary/A1). Sri.P.Suresh Naidu (A3) and Sri.Madhusudhan Rao (A4) presented two cheques bearing Nos.502204 & 502205 favouring themselves amounting to
Rs.25.00 lakhs each. Both the cheques were found to be written by Sri P.Suresh Naidu (A3).
Sri.Mekala Mohan Rao (A5) has sent Sri.Prabhakar Rao and Smt.Lakshmi to the Main Currency
Chest at Abids to bring the money and thereafter they have handed over the said cash to
Sri.Mekala Mohan Rao (A5). An amount of Rs.1.00 crore was collected by Sri.P.Suresh Naidu (A3) and Sri.Madhusudhan Rao (A4). Sri.Mekala Mohana Rao (A5) honoured the cheque
Nos.502204 and 502205 of Rs.25.00 lakhs each and paid the amount to Sri.P.Suresh Naidu (A3) and Sri.Madhusudhan Rao (A4) without getting their identity proof, address and mobile number, which is required as per the existing norms of the Bank. Investigation revealed that out of
Rs.1.00 crore drawn on 04.03.2011, Rs.60.00 lakhs was collected by Sri.C.V.Ranganatha
Chowdary (A1), Rs.25.00 lakhs by Sri.M.Madhusudhan Rao (A4), Rs.5.00 lakhs by Sri.Shaik
Ethesham Ali @ Rehan (Approver), Rs.4.00 lakhs by Sri.Mekala Mohan Rao (A5), Rs.3.00 lakhs each by Sri.P.Suresh Naidu (A3) and Sri.Tumma Raju (Approver).
P7 C.C.No.7 of 2012 1.10. On 04.03.2011, Sri.A.P.V.V.S.Ramakrishna, Joint Manager of Adarsh Nagar Branch, Bank of Baroda verfied the balance in the account of M/s. Shiri Avenues Private Limited and found that the account is not having minimum balance, informed the same to Sri.Mekala Mohan Rao (A5). Sri.Mekala Mohan Rao (A5) has filled up the deposit slip and without signature of the depositor deposited an amount of Rs.10,000/- in the account of M/s. Shiri Avenues Private
Limited. Cheque bearing No.353530 pertains to the cheque issued on 16.11.2005 of Bank of
Baroda, Opera House Branch, Mumbai, before migration of CBS method of banking operation.
The other leaves of the above said cheques were presented and used by the account holders during the period from December, 2005 to March, 2006, the particular cheque leaf which is used in the present case (Cheque No.353530) is not available with the account holder, stop payment instructions were not given by Smt.Shobhana A. Mehta. Sri Tejas A. Shah was having account in Bank of Baroda, Opera House Branch, Mumbai bearing Account No.04090100009964, decided to close his account and gave a letter to the Branch Manager on 02.02.2011 with a request to close his account and also enclosed 17 unused cheques bearing Sl.Nos.031084 to 031100 and requested the bank to give pay order in respect of the available balance. Cheque No.031084 was used by the bank and remaining cheques were handed over to A6 by Sri Jyothi Kishore
Nayak, Senior Manager, Bank of Baroda, Opera House Branch, Mumbai. A6 played a crucial role in removing the unused cheque from the branch and handed it over to A8 who made required alterations in the cheque by inserting the unused cheque No.353530 and altering the account number as 04090100001282, after this alteration it was handed over to A9, who, in turn, handed over the same to A2.
1.11. Investigation revealed that after discounting the cheque for Rs.3.25 crores in Bank of
Baroda, Adarshnagar Branch, Hyderabad, Sri.C.V.Ranganatha Chowdhary (A1), Sri.P.Suresh
Naidu (A3), Sri.Madhusudhan Rao (A4) and Sri.Thumma Raju (Approver) went to Jaipur by flight in the evening on 05.03.2011 and from there they went to Mumbai, Jammu & Kashmir and met the expenses from the ill-gotten money. Sri.Thumma Raju (Approver) is a Real Estate
P8 C.C.No.7 of 2012
Broker and friend of Sri.Madhusudhan Rao (A4). Sri.Madhusudhan Rao (A4) has obtained
Rs.3.00 lakhs as hand loan from Sri.Thumma Raju and in order to return the said amount, he asked him to be present on 03.03.2011 at Bank of Baroda, Adarsh Nagar Branch, Hyderabad.
Accordingly, Sri.Thumma Raju (Approver) went to Bank of Baroda, Adarsh Nagar Branch on 03.03.2011 and on that day Sri.Madhusudhan Rao (A4) paid Rs.1.00 lakh to him from the proceeds of Rs.50.00 lakhs drawn on that day by Sri.C.V.Ranganatha Chowdary (A1). On 04.03.2011 Sri.Thumma Raju (Approver) again went to the Bank and received Rs.3.00 lakhs from Sri.Madhusudhan Rao (A4). Out of Rs.4.00 lakhs, Sri.Madhusudhan Rao (A4) obtained
Rs.1.00 lakh from Sri.Thumma Raju (approver) for his personal expenses.
1.12. Sri.Shaik Etesham Ali @ Rehan (approver) is a Real Estate Businessman, doing business on commission basis. Sri.Shaik Etesham Ali introduced Sri.V.Santhosh Kumar to
Sri.M.Madhusudhan Rao (A4) for cheque discounting job, he is a prominent witness when
Sri.V.Santosh Kumar (A2) handed over the forged cheque to Sri.M.Madhusudhan Rao (A4) on 03.03.2011 for discounting the same at Bank of Baroda, Adarsh Nagar Branch. He also witnessed that Sri.M.Madhusudhan Rao (A4) kept Rs.45.00 lakhs in the car of Sri.V.Santhosh
Kumar (A2) on 03.03.2011. Further on the same day, he was also present in the Bank at the time of RTGS transfer of Rs.1.75 crores to the account of M/s. Suraj Impex (Sri.V.Santhosh
Kumar is the Proprietor). Sri.Shaik Etesham Ali and Sri.Munawar Khan (A7) carried the original
RTGS counterfoil and handed over to Sri.V.Santhosh Kumar (A2) at his office at Madhapur. On 04.03.2011, he along with his friend Sri.Munawar Khan (A7) (absconding) came to Adarsh
Nagar Branch and received Rs.5.00 lakhs as their commission for their mediator work. Out of
Rs.5.00 lakhs, Sri.Shaik Ethesham Ali @ Rehan (Approver) kept Rs.1.5 lakhs and the remaining amount was given to Sri.Munawar Khan (A7)(absconding), who fled to Kuwait after the incident.
1.13. Sri.C.V.Ranganatha Chowdary (A1), Sri.V.Santhosh Kumar (A2), Sri.P.Suresh Naidu (A3),
Sri.M.Madhusudhan Rao (A4), Sri.Dhariyadhar Villas Kadam (A6) and Sri.Munawar Khan (A7)
P9 C.C.No.7 of 2012 (absconding), Sri.Gaurav Naresh (A8)(absconding) entered into criminal conspiracy with
Sri.Mekala Mohan Rao (A5) at Mumbai and Hyderabad during February-March, 2011 with an intention to cheat Bank of Baroda, Adarsh Nagar Branch, Hyderabad. In pursuance of the said conspiracy, Sri.C.V.Ranganatha Chowdary (A1) opened current account in the name of M/s. Shiri
Avenues Private Limited with the connivance of Sri.Mekala Mohan Rao (A5) by producing false and fabricated Resolution by authorising A1 to operate the newly opened account and dishonestly presented the forged/altered cheque and thereby an amount of Rs.3.25 crores was in the account of M/s. Shiri Avenues Private Limited and subsequently the entire amount was withdrawn.
1.14. Sri.Mekala Mohan Rao (A5) while functioning as a public servant in the capacity of
Branch Manager, Bank of Baroda, Adarsh Nagar Branch, Hyderabad abused his official position by facilitating Sri.C.V.Ranganatha Chowdary (A1) to open the current account without adhering to KYC norms and dishonestly processed the forged/altered cheque and allowed to withdraw the amount knowing fully well that the cheque is forged and altered one.
1.15. The acts of the accused constitute the commission of offences punishable u/s.120-B r/w 379, 420, 467, 468, 471 of IPC and u/s. 13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988.
2.1. Complainant/CBI has filed charge sheet against A1 to A9, the same is taken on file by this Court on 26.04.2012 for the offences u/s. 120-B r/w 379, 420, 467, 468, 471 of IPC. Apart from the above offences, this Court has also taken the case on file against A5 and A6 for the offences u/s. 13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988.
2.2. On appearance of A1 to A6, copies of documents are furnished to them under Section 207 Cr.P.C.
3. Case against A7 to A9 is split up on 10-1-2013, as per the orders of this court in
Crl.M.P.No.68/2013 and assigned new number as CC.No.2/2013.
P10 C.C.No.7 of 2012 4.1. My learned predecessor has framed charges against A1 to A6 on 09.07.2013, which are as under:
Accused Name Charged for the section of law
C.V.Ranganatha Chowdhary/A1120-B, 420, 468 and 471 of IPC
V.Santosh Kumar/A2120-B, 420 and 468 of IPC
P.Suresh Naidu/A3120-B and 420 of IPC
M.Madhusudan Rao/A4120-B and 420 of IPC
Mekala Mohan Rao/A5120-B, 420 of IPC and 13(2) r/w 13(1)(d) of P.C. Act, 1988
Dhariyadhar Vilas Kadam/A6120-B, 420, 409 of IPC and 13(2) r/w 13(1)(d) of P.C. Act, 1988 4.2. Case against A6 is split up as per the docket order dt. 11.07.2016, and assigned new number i.e., C.C.No.15/2016.
5.1. When the evidence of the prosecution was in progress in C.C.No.7/2012 (present case),
NBW issued against A8 in C.C.No.2/2013 (split up case) was executed by the prosecution and he was produced before this Court on 31.03.2017 in C.C.No.2/2013 (split up case) and posted the case (C.C.No.2/2013 split up case against A7 to A9) to 06.04.2017. On 06.04.2017 the docket sheet in C.C.No.2/2013 goes to show that case against A7 and A9 is split up and assigned new number as C.C.No.4/2017. On 27.04.2017 case against A8 in C.C.No.2/2013 (split up case) is clubbed with the main case i.e. C.C.No.7/2012 and he was taken up as A8 in the main case (C.C.No.7/2012). My learned predecessor has framed the following charges against A8 on 20.04.2017 as under:
Accused Name Charged for the section of law
Gaurav Naresh/A8120-B, 420, 468 and 471 of IPC 5.2. While things stood, when the matter came up for Section 313 Cr.P.C. examination against A1 to A5, A8, then CBI filed a petition to split up the case against A8 vide
P11 C.C.No.7 of 2012
Crl.M.P.No.200/2020, the same was allowed on 22.1.2020,thereby new C.C. number is allotted
vide C.C.No.11/2021 for A8.
6. Prosecution has examined PW.1 to PW.35 and got marked Ex.P1 to Ex.P110 and MO.1.
Defence has got marked Ex.D1 to Ex.D3.
7.1. A1 to A5 were examined under Section 313 Cr.P.C. putting forth the incriminating evidence adduced by the prosecution, A1 to A5 pleaded not guilty and claimed to be tried. A1 during his Section 313 Cr.P.C. examination reported that he will adduce evidence on his side, but reported no defence evidence on 06.01.2022.
7.2. A2 filed his written statement after Section 313 Cr.P.C. examination and contended that he is the proprietor of Suraj Impex, doing business in real estate and imports of precious metals from other countries for several years. A2 entered into an agreement with M/s. Shiri Avenues to purchase flats at the venture situated at Safilguda for an amount of Rs.1.75 crores, as the deal was not materialised he requested A1 to return the amount thereby he transferred the above said amount through RTGS from Bank of Baroda, Srinagar Colony Branch, Hyderabad to his account i.e. Indian Bank, Adarshnagar Branch, had no business dealings with A3 to A6 and he do not know them personally. It is alleged in the deposition of PW.8 that he handed over
Ex.P10 blank cheque signed by PW.7 as Shobhana Mehta to A4, which is false and PW.11 has not identified him in Ravindra Bharathi, Hyderabad. PW.18 is the proprietor of Nukala Vodata
Services, he requested for hand loan of Rs.2.00 lakhs to pay the same towards car installments.
He lent an amount of Rs.60.00 lakhs to PW.18 from the account of Suraj Impex to the account of PW.18 at Barclays Bank, Banjara Hills, Hyderabad on 04.03.2011. A2 filed civil suit against
PW.18 for recovery of Rs.60.00 lakhs plus Rs.2.00 lakhs, which is pending consideration before the concerned Court. The money received by him i.e. Rs.1.75 crores is genuine transaction and he never indulged with other accused in hatching up conspiracy, cheating, dishonestly inducing delivery property and he is a law abiding citizen and prayed to exonerate him from the charges.
P12 C.C.No.7 of 2012
8. Heard learned Public Prosecutor and counsels for the accused.
9. Learned Public Prosecutor has filed synopsis in the case showing the roles played by A1 to A5 and the relevant evidence of PWs and exhibits. Learned counsel for A2 has filed his written submissions in support of his contention.
10. Now, the point for determination is:
Whether the prosecution could able to prove the guilt of the accused for the offences they are charged with?
POINT:
11.1. Learned Public Prosecutor during the course of arguments contended that prosecution could able to prove the guilt of the accused for the offences they are charged with which is supported by the evidence of PWs and the documents filed thereon.
11.2. Learned counsel for A1 contended that Ex.P10/cheque is genuine instrument, PW.7 and
A2 have entered into agreement with A1 for purchasing the flats in the project under Ex.P11, during the search by PW.34, he has seized Ex.P11/agreement from the possession of A3. PW.6 and PW.7 have not lodged any complaint before the concerned authority about Ex.P10/cheque and A5 has followed the procedure when Ex.P10/cheque is deposited before the bank for its encashment. The admissions made by PWs.2, 3, 6, 11, 13 and 14 supports his case and
Ex.P52/Board Resolution is genuine document, PW.19 and PW.20 have signed thereon. The evidence of the approvers i.e. PW.8 and PW.11 is not much helpful to the case of prosecution, prosecution failed to establish its case beyond reasonable doubt and prayed for acquittal.
11.3. Learned counsel for A2 filed his written arguments and contended that A2 is nothing to do with the other accused. A2 has entered into agreement with A1 by paying an amount of
Rs.1.75 crores towards advance sale consideration, as the agreement was not materialised, A1 has returned the advance amount of Rs.1.75 crores through RTGS from his account i.e. Bank of
Baroda, Adarshnagar Branch, Hyderabad to his account i.e. Indian Bank, Srinagar Colony
P13 C.C.No.7 of 2012
Branch, Hyderabad. A2 has also lent an amount of Rs.2.00 lakhs and Rs.60.00 lakhs on different occasions to PW.18 as hand loan, as PW.18 failed to pay the amount, A2 has filed a suit for recovery. PW.18 has given a false statement before CBI. Except PW.8, PW.11, PW.12,
PW.14, PW.18, PW.27, PW.28, PW.34 and Ex.P35, no other witnesses have stated anything about the accused. A2 is no way concerned with Ex.P10/cheque and the investigation done by
PW.34 is table investigation. PW.6 and PW.7 have not made any representation to the concerned Branch Manager for stoppage of payments. A2 has no nexus with A3 to A5. The amount received by him under Ex.P16 is a genuine transaction. Prosecution has failed to establish that Ex.P10, Ex.P11, Ex.P12 are created and fabricated documents and prayed for acquittal.
11.4. Learned counsel for A3 and A4 contended that the accused are falsely implicated in the case and the prosecution has failed to establish the charges against the accused for the offences they are charged with and prayed for acquittal.
11.5. Learned counsel for A5 contended that prosecution has failed to establish the charges framed against the accused. A5 has followed the KYC norms while opening the account by A1 in the name of M/s. Shiri Avenues Pvt. Ltd. under Ex.P22/account opening form. A5 has discharged his duties as a Bank Manager and he has no relation with any of the accused. Only six persons are working in the bank at the time of opening the account by A1 in the name of the firm, there is no fax machine, no phone in the branch and he has followed the procedure while clearing Ex.P10/cheque. Prosecution could not establish the connection of A1 to A4 with
A5 and the evidence of PW.8 and PW.11 is not much helpful to the case of prosecution. The evidence of PW.1 is also not much helpful to the case of the prosecution and the investigation done by PW.34 is a table investigation. 16.02.2011 happens to be a public holiday and A1 has opened the account on 17.02.2011 in the name of M/s. Shiri Avenues Pvt. Ltd. There is no second signature on Ex.P18 and Ex.P19. Learned counsel to substantiate his contention has relied on the following decisions:
P14 C.C.No.7 of 2012
1) B.Jayaraj Vs. State of A.P.1 at para No.7, which is as under:
Para No.7..........it is a settled position in law that demand of illegal gratification is sine qua non to constitute the said offence and mere recovery of currency notes cannot constitute the offence under Section 7 unless it is proved beyond all reasonable doubt that the accused voluntarily accepted the money knowing it to be a bribe.
2) P.K.Narayanan Vs. State of Kerala2 at para No.10, which is as under:
Para No.10. The ingredients of this offence are that there should be an agreement between the persons who are alleged to conspire and the said agreement should be for doing of an illegal act or for doing by illegal means an act which by itself may not be illegal, therefore the essence of criminal conspiracy is an agreement to do an illegal act and such an agreement can be proved either by direct evidence or by circumstantial evidence or by both and it is a matter of common experience that direct evidence to prove conspiracy is rarely available, therefore the circumstances proved before, during and after the occurrence have to be considered to decide about the complicity of the accused. But if those circumstances are compatible also with the innocence of the accused persons then it cannot be held that the prosecution has successfully established its case. Even if some acts are proved to have been committed it must be clear that they were so committed in pursuance of an agreement made between the accused who were parties to the alleged conspiracy. Inferences from such proved circumstances regarding the guilt may be drawn only when such circumstances are incapable of any other reasonable explanation. From the above discussion it can be seen that some of the circumstances relied upon by the prosecution are not established by cogent and reliable evidence. Even otherwise it cannot be said that those circumstances are incapable of any other reasonable interpretation.
3) N.Srinivasan Vs. State of Telangana3 at para No.16, which is as under:
Para No.16. It is needless to say that the petitioner/A3 by virtue of his status as Vice- Chairman and Managing Director of All India Cements not shown as vicariously liable either under the Prevention of Corruption Act or under the I.P.C or by any other statutory or legal expressions or other legal fiction including on the principle of alterego...................................In the absence of showing any meeting of minds from alleged acts of conspiracy of attribute so far as petitioner/A3, being managing director of A7, other than by virtue of the status for same by any legal fiction no way made liable if at all any conspiracy between A7 and A1 with others if any including any of the officials of the State Government in toeing to A1, no way makes the petitioner/A3 personally liable from the settled position of the law of the land as on date undisputedly.
4) Abdulla Mohammed Pagarkar Vs. State (Union Territory of Goa)4 at para No.12, which is as under:
Para No.12...............The mind of the learned Special Judge in coming to the finding about the value of the work done being no more than Rs.32,287.75 appears to have been influenced by the gross irregularities committed by the Appellants in the execution of the work, specially their failure to prepare vouchers relating to all the payments as also a proper muster roll. These irregularities no doubt furnish a circumstance giving rise to a 1. 2014 (5) SCJ 687.
2. IndLawLib/270002 : (1994) AIR (SCW) 5043.
3. IndLawLib/1167582 : (2017) 1 ALT (Crl) 457.
4. IndLawLib/294445 : (1980) CriLJ 220.
P15 C.C.No.7 of 2012 strong suspicion in regard to the bona fides of the Appellants in the matter of the execution of the work but suspicion, however strong, cannot be a substitute for proof. And it is certainly not permissible to place the burden of proof of innocence on the person accused of a criminal charge. However, that is precisely what the Special Judge appears to have done while observing that “it was for A-2 to prove that he had spent amounts besides those proved by the prosecution which A-2 had failed to do.”
12. Ex.P1 is lodged by PW.1 on 25.03.2011 alleging that M/s. Shiri Avenues Pvt. Ltd.
opened Current Account in Bank of Baroda, Adarshnagar Branch with an ulterior motive to encash the cheque amount of Rs.3.25 crores and defrauded the bank. Basing on Ex.P1, CBI has registered Ex.P85/FIR against (1) M/s. Shiri Avenues Pvt. Ltd./A1, (2) Shri C.V.Ranganatha
Chowdary/A2, (3) M/s. Suraj Impex/A3, (4) Shri Suresh Naidu/A4, (5) Shri Madhusudhana
Rao/A5 and unknown private persons and officials of Bank of Baroda under Section 120-B r/w 420, 467, 468 & 471 of IPC and under Section 13(2) r/w 13(1)(d) of P.C. Act, 1988 on 28.03.2011 at 16.30 hrs.
13. PW.1 deposed that a fake account was opened in Bank of Baroda, Adarshnagar
Branch, Hyderabad by M/s. Shiri Avenues Pvt. Ltd. and a fraudulent cheque was deposited in the branch, the said cheque was purported to have been issued by Mrs. Mehta, account holder of Bank of Baroda, Opera House Branch, Mumbai, for an amount of Rs.3.25 crores, the amount was withdrawn in quick time by cash and by RTGS. The fraud was investigated by
Sri Jayaprakash (Deputy Regional Manager, Andhra Pradesh) and another investigation was done by Sri Singla (AGM, Inspection, Chennai). Sri Mekala Mohan Rao/A5 was the Branch
Manager of Bank of Baroda, Adarshnagar Branch, Hyderabad and she placed Mekala Mohan
Rao/A5 under suspension in the year 2011 as there were lapses on his part in opening the account at the branch in collusion with fraudsters. In her cross-examination she stated as under:
It is true all the accounts of the customers with Bank of Baroda are computerised and at the request of some of the customers, Bank of Baroda is providing online banking facility to its customers. The general procedure for opening a customer account is that he has to produce an address proof, ID proof and two photographs. In case of accounts of companies, we need to have the board resolution along with the signatories who would operate the account besides address proof, ID proof and photograph.
P16 C.C.No.7 of 2012 The minimum balance for Savings Bank Account is Rs.500/-, there are also zero balance accounts. After receiving the telephonic information I have seen fake instrument deposited in the account, obviously the instrument is fake and forged, no need to send it to expert opinion.
It is true that an amount of Rs.3.25 crores was withdrawn in five transactions. PW.1 denied the suggestion that due to bank‟s technical problem, the above said transaction has happened, she also denied the suggestion that opening of account and withdrawal of Rs.3.25 crores is known to the officers at the Regional Office.
The instrument deposited in the account in Adarshnagar Branch is a fraudulent cheque and it is evident on the face of the record, over a period of time there can be a change in the signature.
It is true in online banking the credit balance in the account can be seen, on verification of the credit balance in the account of the drawer the Branch Manager will pass pay order on the cheque and it is the duty of the passing officer and the Branch Manager to verify the high value cheque presented for encashment.
The account bearing No.040901/1282 with Bank of Baroda, Opera House Branch, Mumbai is a genuine one, the account bearing No.2568/02/2747 opened at Bank of Baroda, Adarshnagar Branch, Hyderabad is not a genuine account, which is opened with an intention to defraud the bank and the Branch Manager is in control of the account.
Two investigations have been conducted by Sri Jayaprakash, Deputy Regional Manager and another by Sri Singla, AGM (Inspection) and I have gone through both the reports. The Current Account opened at Adarshnagar Branch, Hyderabad is on 17.02.2011 with initial deposit of Rs.10,000/-.
It is true bank officials will do RTGS from one bank to another bank, the payment of any instrument will be made when it is verified by the appropriate authorised officials, the signature of drawee will be compared with the specimen signatures available with the bank.
It is true when an instrument is presented for encashment for more than Rs.50,000/-, it has to be verified with the issuing branch, by the date of fraud there was no sms alert. The outcome of two investigations establishes that a fraud has been played on Bank of Baroda, Adarshnagar Branch, Hyderabad.
PW.1 denied the suggestion that she is only a signatory to Ex.P1 and she has no personal knowledge about the facts of the case.
14.1. A1 has opened Current Account in Bank of Baroda, Adarshnagar Branch, Hyderabad on 17.02.2011 in the name of Shiri Avenues Pvt. Ltd. (Ex.P22) and the bank has allotted Account
No.25680100002747. Ex.P21 is the pay-in-slip in the name of Shiri Avenues Pvt. Ltd.
dt.17.02.2011 for Rs.10,000/-. A1 has enclosed Board Resolution copy of Shiri Avenues Pvt.
Ltd. dt.14.02.2011 to Ex.P22, the Resolution is marked as Ex.P52 whereunder it states that
Current Account in the name of the company be opened with Bank of Baroda, Adarshnagar
P17 C.C.No.7 of 2012
Branch, Hyderabad and the bank be instructed to honour the cheques, bills of exchange, other negotiable instruments signed by Sri C.V.Ranganatha Chowdary, the Director of the company.
14.2. PW.19 deposed that he is one of the Director of Shiri Avenues Pvt. Ltd., and the other
Directors of the company are – Sri H.Nadeem Ahmed (Managing Director), Sri G.Krishna Reddy, wife of Sri H.Nadeem Ahmed and A1. Company had Cash Credit Account in State Bank of India,
Nacharam Branch and they do not have any other account in any of the banks at Hyderabad or
Secunderabad. He came to know about the fraud in the month of March, 2011 in the name of his company by A1. Bank has served a legal notice on him and on Sri Nadeem Ahmed through their advocate demanding to pay Rs.3.25 crores. Ex.P52/Board Resolution dt.14.02.2011 is a forged document, which does not bear his signature, which is in the name of L.Sudarshan.
Ex.P53 (six sheets) are his specimen signatures which are obtained by Inspector, CBI,
Hyderabad on 25.04.2011 and they got issued reply notice to the bank. In his cross- examination he stated as under:
It is true on behalf of the company, W.P.No.7560/2012 is filed before the Hon‟ble High Court against State Bank of India, CCPL and others to permit our company to sell residential flats upon issuing no objection certificate. It is true by Resolution dt.01.01.2011, I, PW.20 (H.Nadeem Ahmed) and G.Krishna Reddy were jointly authorised to sell the remaining residential flats in Shiri Edifice at Yapral and to collect the sale proceeds, address given in the Resolution dt.01.01.2011 of the company as Flat No.301, Sai Kalpana Residency, Srinivasa Officers Colony, Kapra is not correct and he was at Hyderabad by the date of Resolution and he signed on the same after going through its contents.
At the inception of the company, bank account was opened in SBI, Banjara Hills Branch, Hyderabad, PW.20 being the Managing Director of the company was a decision maker in respect of its affairs. The company has rubber stamp seals, PAN card, letter heads.
It is true the Managing Director is the custodian of the seals, PAN card and letter heads of the company. Till 06.01.2011, in all the sale deeds on behalf of the company the address of its registered office was shown as Flat No.7, Everest Block, Aditya Enclave, Ameerpet, Hyderabad. Sri G.Krishna Reddy was attending the construction work at the construction site.
PW.19 denied the suggestion that signature in his name in Ex.P52 is that of him and he is purposely denying the same at the instance of CBI, and that Resolution was passed by the company on 14.02.2011 to open the account in Bank of Baroda (Ex.P52). PW.19 further stated that he do not remember that if he has stated before CBI officer that he asked the Manager how the account was closed without his consent, for which the Manager told him that they will contact him shortly as in Ex.D2.
P18 C.C.No.7 of 2012 14.3. PW.20 is also one of the Managing Directors of Shiri Avenues Pvt. Ltd., having its registered office now at CBR Krishnaveni Estates, Yapral, Secunderabad, the company is in construction activity and related business. PW.19, Krishna Reddy, A1 and Mrs. H.Shaheena
Parveen are the Directors of the company. Company has dealings with State Bank of India,
Nacharam Branch, Hyderabad where it has an Overdraft Account and the company do not have any other accounts in any other bank at Hyderabad or Secunderabad. In first week of March, 2011, he received a phone call from the officers of Bank of Baroda about the company having account in Bank of Baroda, Adarshnagar Branch, Hyderabad, he gave his reply in negative.
Ex.P52/Resolution is not passed by the company and the signature appearing thereon is not that of him. He received a legal notice from Bank of Baroda demanding to pay Rs.3.25 crores and he got issued a suitable reply denying the allegations in the legal notice. A1 has not informed him or other Directors of the company that he opened account in Bank of Baroda,
Adarshnagar Branch, Hyderabad in the name of the company. Ex.P54 are his specimen signatures obtained by Inspector, CBI on 24.05.2011 in six sheets. In his cross-examination he stated as under:
Shiri Avenues Pvt. Ltd. is a private limited company, it has Memorandum and Articles of Association and the company is maintaining Minutes Book. It is true minutes have to be recorded in respect of resolution of Board of Directors and the same should be communicated to the Registrar of Companies.
I do not know if there should be a Board Resolution to change the location and address of the registered office of the company and that it should be communicated to the Registrar of Companies. There is a resolution passed appointing me as the Managing Director of the company by the Board of Directors, our company has office seal.
I know Sri Chittibabu, Manager, State Bank of India, Ananthapur, who also worked at Hyderabad, I do not remember if I got opened an account of our company in State Bank of India, Banjara Hills Branch, Hyderabad when Sri Chittibabu was the Manager. Sri G.Krishna Reddy is one of our Director and he is resident of Sri Sai Kalpana Residency, Srinivasa Officers Colony, Kapra, Secunderabad.
We filed W.P.No.7560/2012 before the Hon‟ble High Court to defreeze our Savings Bank Account in State Bank of India, Nacharam Branch and also against State Bank of India, SMECCC and others for issuance of no objection certificate for sale of flats.
I do not remember if I handed over Minutes Book of our company to CBI officer when I was examined.
PW.20 denied the suggestion that company maintained two to three different accounts in the banks and he cannot say the letter head relating to Ex.P52 is that of
P19 C.C.No.7 of 2012 the company. PW.20 denied the suggestion that Ex.P52/Resolution is passed by the company and the signature appearing thereon is that of him.
14.4. PW.13 was the Joint Manager in Bank of Baroda, Adarshnagar Branch, Hyderabad from
October, 2009 to April, 2011, he was in the branch in the month of January, 2011. A5 on behalf of A1 made enquiry with him about the formalities relating to open a Current Account. On 16.02.2011 A1 came to the branch to open Current Account and deposited Rs.10,000/-, which was credited on 17.02.2011 (Ex.P21), which bears the signature of A1. On 18.02.2011 Current
Account was opened in our branch by A1 in the name of Shiri Avenues Pvt. Ltd. (Ex.P22), which bears the signature of A5 in the third page complying with KYC norms. Amount deposited as per Ex.P21/pay-in-slip was transferred to Ex.P22/Current Account. The rest of the evidence of
PW.13 will be discussed while discussing Ex.P10, Ex.P16, Ex.P18 to Ex.P20.
S.B Account pertaining to Sri Ashwin Sumanlal Mehta/PW.6 & Smt. Shobhana A. Mehta/PW.7:
15. PW.2 worked as Assistant General Manager, Bank of Baroda, Opera House Branch,
Mumbai from 23.07.2010 to 04.07.2012. Sri Ashwin Kumar Sumanlal Mehta and his family had seven Savings Bank Accounts in the branch, out of them one account was a joint account of
Smt. Shobhana A. Mehta and Ashwin Kumar Sumanlal Mehta and they are authorised to operate their Savings Bank Account. Sri Dhariyadhar Vilas Kadam was a clerk in the branch, he was working in Savings Bank Department. Sri S.K.Sharma, then Senior Manager was preparing weekly statement of the branch. On 07.03.2011 they observed that there was a decrease in
Savings Bank General Ledger Balance in the branch, on verification, they found that there was a debit of Rs.3.25 crores from the joint account of Sri Ashwin Mehta and Smt. Shobhana Mehta, then they called Sri Mukesh, who is an employee of Ashwin Kumar Mehta, they enquired him about the amount, who, in turn, informed that they did not withdraw any amount from the Joint
Savings Bank Account. He and Mr. Subhash Garg, then Senior Manager called A5 on phone and enquired how he has debited the account without the permission of our branch since the branch was base branch where cheque for Rs.3.25 crores had emanated. The practice in the branch was that if the debit was for more than Rs.50,000/-, the concerned Branch Manager must take
P20 C.C.No.7 of 2012 consent from the Branch Manager of the base branch (Ex.P2/circular, dt.03.09.2010), who, in turn, should take the consent of the customer. A5 has informed them that it is within his purview and power to allow drawal of Rs.3.25 crores having verified from Core Banking
Solutions (CBS) System. He reported the matter to Zonal Office. In his cross-examination he stated as under:
It is true that specimen signatures of the account holders will be taken whenever an account is opened in a bank and to enable verification of signatures of the account holders by the bank staff whenever necessary, cheque will be issued on demand and at the request of the account holder after complying KYC.
On 07.03.2011 during morning hours, he came to know that the cheque number on which withdrawal of Rs.3.25 crores was made from the Savings Bank Account of Ashwin Kumar Sumanlal Mehta and his wife, he verified if Smt. Shobhana Mehta was issued a cheque book by the branch, the cheque book containing the leaf used for the withdrawal of Rs.3.25 crores was issued to Smt. Shobhana Mehta on 16.11.2005, which was collected by Sri Keshav from the branch who is an employee of the account holder.
I do not know how many leaves were used out of the cheque book before the disputed cheque bearing No.353530 was made use of and he did not personally reconciliate the balance in Savings Bank Accounts and all other accounts every day. No enquiry was made from Bank of Baroda, Adarshnagar Branch, Hyderabad by our branch on 03.03.2011 to know the balance of Joint Savings Bank Account of the account holders. A note will be made in Savings Bank‟s file whenever an enquiry is made on phone or a phone message is received in our branch when a heavy withdrawal is made and such a message or information will be received from non- base branch.
Mr. Jyothi Kishore Nayak was in-charge of the computer section in the branch, he had the facility on computer system to know the availability of bank balance in each account, I enquired with Sri Jyothi Kishore Nayak on 07.03.2011 if he had received any phone call from Adarshnagar Branch, Hyderabad regarding available balance in the Savings Bank Account of Smt. Shobhana Mehta and her husband, he informed that there was no enquiry regarding the balance available in the Savings Bank Account.
A6 was brought to our branch after six months of the incident. It is true that our branch maintains Daily Exceptional Transactions Report and he did not verify the same. Smt. Shobhana Mehta and her husband had lodged a complaint in the branch that there was a fraudulent withdrawal of Rs.3.25 crores from their Joint Savings Bank Account, but I do not remember the exact date.
I did not lodge any complaint to CBI in respect of the transactions dt.07.03.2011, witness adds that he had no such power. Our branch did not receive the cheque for Rs.3.25 crores from Adarshnagar Branch, Hyderabad, he did not verify and compare the signatures appearing on cheque in the branch, witness adds that he had no such opportunity since the cheque was honoured in non-base branch.
Rs.3.25 crores was debited from the account of Smt. Shobhana Mehta in our branch at Adarshnagar, Hyderabad, an entry was made in respect of the withdrawal in the ledger of our branch on computer system. PW.2 denied the suggestion that the procedure deposed by him is not correct.
P21 C.C.No.7 of 2012
16. PW.3 worked as Senior Manager, Bank of Baroda, Opera House Branch from April, 2010 to June, 2012, PW.2 was the branch head and Sri Jyothi Kishore Nayak was the Manager looking after Savings Bank Accounts and he is the in-charge of the credit and advance department in the branch. Ex.P3 is the Account Opening Form of Sri Ashwin Kumar Sumanlal
Mehta and Smt. Shobhana Ashwin Mehta dt.15.05.1981 bearing Savings Bank Account
No.04090100001282. Ex.P4 is the specimen signature card relating to the account holders.
Ex.P5 is the letter given by Sri Ashwin Kumar Sumanlal Mehta and Smt. Shobhana Ashwin
Mehta to the branch on 15.12.2004 requesting to add the name of Sri Ashish A. Mehta as a
Joint Account Holder. Ex.P6 is the extract of Cheque Book Issue Register, as per the entries therein cheque book with leaves bearing No.353521 to 353580 was issued on 16.11.2005 to
Sri A.S.Mehta and it was received by Sri Keshav on his behalf, the entry therein is Ex.P7. A6 was the clerk in the branch during that time and Rs.3.25 crores was withdrawn from the account of Ashwin Kumar Sumanlal Mehta at Bank of Baroda, Adarshnagar Branch, Hyderabad.
PW.2 made enquiries in respect of the withdrawal on 07.03.2011 over phone at Hyderabad and he was informed that withdrawal was made as per rules. In his cross-examination he stated as under:
There was no complaint by the account holders that the cheque book received as per Ex.P7 entry in Ex.P6 was not in order or that there were missing entries. The account holders did not complain to our branch in writing that particular cheque leaf is lost from the cheque book and he cannot say that if any fresh cheque book was issued to the account holders after the above cheque book by the branch.
It is true as per the procedure, a cheque book has to be issued to the account holder, witness adds, it can be issued to his authorised representative provided account holder has to authorise him in writing. I am not shown any record now to the effect that Mr. Keshav was authorised in writing by the account holder to receive the cheque as per Ex.P7 entry.
He denied the suggestion that he is giving false evidence at the instance of CBI and has no personal knowledge of the transactions.
17. PW.4 and PW.5 deposed about A6 and with respect to cheque discounting for Rs.78.00 lakhs. Both the witnesses are not cross-examined by any of the counsels on record.
P22 C.C.No.7 of 2012
Account of Ashwin Sumanlal Mehta/PW.6 and Smt. Shobhana A. Mehta/PW.7:
18.1. PW.6 deposed that he is in export and import business for diamonds at Mumbai and his annual turnover was Rs.170.00 crores. Smt. Shobhana Ashwin Mehta is his wife and she is one of the partner of the firm by name A.S. Exports. He, his wife and son Sri Ashish Ashwin Mehta had a Joint Savings Bank Account in Bank of Baroda, Opera House Branch, Mumbai bearing
Account No.1/1282 changed to 13840 and operating the account till date. Ex.P3 is the specimen signature card of his wife. Ex.P4 is the specimen signature card of all the account holders. Ex.P5 is the letter given by him and his wife to add his son as one of the joint account holder. Ex.P8 is the specimen signature card of the account holders relating to Account
No.1/1283, Ex.P9 is the specimen signature card of the account holders relating to Account
No.13841. Sri Mukesh Arvind Shah was looking after the bank transactions on behalf of the firm and also all the personal accounts. Sri Keshav Bandbe, who is the employee of the firm, collected the cheque book on his behalf relating to Account No.13840 under Ex.P6 and Ex.P7.
18.2. PW.6 further deposed that Ex.P10/cheque bearing No.353530 dt.03.03.2011 for Rs.3.25 crores is not issued by him nor by his wife in favour of Shiri Avenues Pvt. Ltd. and the signature appearing thereon is not that of his wife. His wife has not entered into agreement with
M/s. Shiri Avenues Pvt. Ltd. under Ex.P11 and the signatures thereon are not that of his wife.
On 07.03.2011 they received a phone call from Bank of Baroda, Opera House Branch with reference to Ex.P10/cheque, thereupon Sri Mukesh Arvind Shah immediately rushed to the branch on their behalf and denied, informed the bank authorities that Ex.P10/cheque is not issued to anyone and they gave letter to the branch denying the issuance of Ex.P10/cheque. In his cross-examination he denied the suggestion that Ex.P10/cheque was a leaf out of the cheque book issued under Ex.P7, which is part of Ex.P6.
18.3. PW.7 is the wife of PW.6 and her husband was looking after the affairs of the business and she is one of the partner in A.S. Exports. Ex.P3 to Ex.P5 bears her signature relating to joint Savings Bank Account in Bank of Baroda, Opera House Branch, Mumbai and she did not
P23 C.C.No.7 of 2012 issue Ex.P10/cheque to anyone and the signature appearing thereon is not that of her, she did not enter into any agreement with M/s. Shiri Avenues Pvt. Ltd., Ameerpet, Hyderabad under
Ex.P11 and Ex.P12 and the signatures appearing thereon are not that of her, her specimen signatures were obtained by CBI on 15.05.2011 which are marked as „S9‟ (Ex.P13). In her cross-examination she stated that she did not come down to Hyderabad on 03.03.2011 which is the date of Ex.P11 and Ex.P12, she has not seen Sri V.Santosh Kumar, representative of
M/s. Suraj Impex of Hyderabad and she was not shown with Ex.P11 and Ex.P12 by the CBI officers when she was examined. PW.7 denied the suggestion that she is giving false evidence to accommodate CBI.
Evidence of the Approvers i.e. PW.8 and PW.11:
19.1. PW.8 is the approver in the case and he knows A1 to A5. On 03.03.2011 A5 has filled up blank cheque for Rs.3.25 crores in his presence and in the presence of Munawar Khan and
A4/Madhusudhan Rao, which is Ex.P10/cheque drawn on Bank of Baroda, Opera House Branch,
Mumbai. A5 has filled up the pay-in-slip dt.03.03.2011 (Ex.P14) in the name of M/s. Shiri
Avenues Pvt. Ltd. for Rs.3.25 crores. Fifteen minutes later A4 asked Sri Raju and A3 to enquire from A5 whether Ex.P10/cheque is credited in the account of A1, they came out and informed
A4 that the above said amount is credited. A5 has informed A1 that an amount of Rs.50.00 lakhs has to be withdrawn immediately thereby A1 gave a self cheque for Rs.50.00 lakhs bearing cheque No.502201 dt.03.03.2011 of Bank of Baroda, Adarshnagar Branch, Hyderabad (Ex.P15) to A4. A5 informed them that Rs.50.00 lakhs cash is not available in the branch and asked them to go to Chest Branch, Abids, Hyderabad for withdrawing the amount. He, A4, A5,
Munawar Khan went to Chest Branch at Abids, Hyderabad, A5 himself went into the branch and brought cash of Rs.50.00 lakhs while others were waiting outside. A5 handed over Rs.50.00 lakhs cash to A4. A4 had kept Rs.45.00 lakhs cash bag in the car of A1, he/A4 informed them that Rs.3.00 lakhs is taken by A5, Rs.1.00 lakh is taken by Sri Raju and Rs.1.00 lakh is taken by
A3, witness again stated that A4 had kept the cash bag in the car of A2.
P24 C.C.No.7 of 2012 19.2. PW.8 further deposed that A2 asked A4 to transfer Rs.1.75 crores to his account from the account of A1, thereby A4 has collected blank cheque for Rs.1.75 crores bearing cheque
No.502203 dt.03.03.2011 from A1 describing „self‟ in favour of A2 (Ex.P16). He, Munawar Khan and A4 went to Bank of Baroda, Adarshnagar Branch, Hyderabad. A4 asked A5 to transfer
Rs.1.75 crores to the account of A2 by furnishing the account number. A5 has filled the RTGS application form (Ex.P17) which is signed by A1 for transferring Ex.P16/cheque amount. A4 handed over the RTGS application to Munawar Khan. He and Munawar Khan went to the office of A2 and Munawar Khan has handed over Ex.P17 to A2. On 04.03.2011 he called A4 and informed him that Munawar Khan is demanding Rs.5.00 lakhs on behalf of A2. He and
Munawar Khan went to Bank of Baroda, Adarshnagar Branch, Hyderabad on the above said date at 11.30 AM. A4 has withdrawn Rs.5.00 lakhs (Ex.P18/cheque signed by A1) from the account of A1 and handed over the same to Munawar Khan. Munawar Khan has retained
Rs.3,50,000/- with him and gave him Rs.1.50 lakhs. He/PW.8 paid Rs.10,000/- to Munawar
Khan towards car rent from out of Rs.1.50 lakhs. On 13.04.2011 he came to know that A2 was arrested by CBI. He and Munawar Khan went to the office of A2‟s advocate at Hyderabad, there they saw one Sri Mustafa who was discussing with the advocate in respect of the sale agreement. Munawar Khan has asked him to inform A4 and others connected in the transaction to escape from Hyderabad.
19.3. PW.8 further deposed that in the month of November, 2011, he came to know that CBI was searching for him and he surrendered before CBI officers in the month of December, 2011 and he was arrested, later on he was enlarged on bail and he gave his statement on 13.01.2012 and 17.01.2012 before the IV Metropolitan Magistrate, Hyderabad. Basing on his statement, he was treated as approver in the case as per the orders of this Court in Crl.M.P.No.619/2012 dt.22.03.2012 by granting pardon. In his cross-examination he stated as under:
I do not know A1 nor had acquaintance with him prior to the transactions deposed by me in the chief examination and he is not aware of the signature of A1 nor having acquaintance with the same at any point of time, witness adds that he/A1 signed in his presence.
P25 C.C.No.7 of 2012 My statement under Section 164 Cr.P.C. is recorded in December, 2011, he has not seen A1 between 04.03.2011 and 07.12.2011 at any point of time and he had seen A4 in between 04.03.2011 and 07.12.2011. I know Sri Mustafa one month prior to the alleged incident and he knows A3 and A4 two years prior to the incident.
A4 did not inform him that he had transactions in Bank of Baroda, Adarshnagar Branch, Hyderabad, he was running real estate business during the transaction period. The name of Shobhana Mehta was appearing on Ex.P10 and nothing was written on it. Ex.P14/pay-in-slip was filled in his presence which refers to the account of A1. A1 was present when Ex.P10/cheque was presented in the branch.
When Ex.P10/cheque was filled up, A2 was not present thereat, neither he nor A4 informed A2 that Ex.P10/cheque was prepared for Rs.3.25 crores payable to M/s. Shiri Avenues Pvt. Ltd. Ex.P15, Ex.P16/cheques are filled up in his presence and A1 has signed on them. Ex.P17/RTGS application was also signed by A1 in his presence. Ex.P18/cheque was filled up in his presence which bears the signature of A1.
Ex.P19 is cheque bearing No.502204 dt.04.03.2011 for Rs.25.00 lakhs of Bank of Baroda, Adarshnagar Branch, Hyderabad which bears the signature of A1 issued in the name of Sri Madhusudhan Rao/A4. A1 has signed on the reverse of Ex.P15 to Ex.P18 and he identified the signature of A1 on the reverse of Ex.P19.
Ex.P20 is cheque bearing No.502205 dt.04.03.2011 for Rs.25.00 lakhs of Bank of Baroda, Adarshnagar Branch, Hyderabad which bears the signature of A1 issued in the name of Sri Suresh Naidu. He identified the signature of A1 on the reverse of Ex.P20, the cheque was not filled up in his presence.
There was no business relationship between me and A2 nor had regular correspondence with him on any matter and he has not seen the agreement bearing the signature of A2. He do not know that Ex.P11/agreement was seized from the custody of A3 and Ex.P12/agreement was seized from the custody of A4, he knows that A2 was arrested at Hyderabad.
PW.8 denied the suggestion that he, Sri Mustafa, Sri Munawar Khan, A1, A3 and A4 wanted to defraud Bank of Baroda along with Sri Thumma Raju, conspired with A1 and A5 and presented Ex.P10/cheque for Rs.3.25 crores. PW.8 denied the suggestion that A1 was due an amount of Rs.1.75 crores to A2 for which he transferred the above said amount through RTGS as per Ex.P17 to the account of A2.
PW.8 denied the suggestion that the evidence in his chief examination with regard to A2 is false. He also denied the suggestion that he is one of the conduits in relation to the alleged transaction in the case and gave false evidence at the instance of CBI. PW.8 further denied the suggestion that he was made as a tool by CBI against A2 since they could not get any evidence against him.
19.4.PW.11 deposed that A4 is his friend since 1995, through him he came to know about A1 to A3 and A5. He sold his house plot at Parsigutta, Secunderabad in the year 2003 and gave
Rs.3.00 lakhs to A4 on interest. A4 did not pay the principal and interest, therefore disputes arose between them. On 03.03.2011 at about 9.00 AM A4 called him on phone and asked him to come to Bank of Baroda, Adarshnagar Branch, Hyderabad, by the time he went there, A1,
A3, A4 and PW.8 were already present near the bank. A4 has introduced him to A1, after a
P26 C.C.No.7 of 2012 while A2 came there and gave a cheque to A4 for Rs.3.25 crores (Ex.P10) and thereafter A2 went away. A4 handed over Ex.P10/cheque to A5. A4 asked him and A3 to enquire with the
Branch Manager whether the amount has been remitted in the account of A1, the Branch
Manager informed them that the amount was not credited in the account of A1. Munawar
Khan, PW.8, A4 and A5 went in a car to Bank of Baroda, Abids Branch, Hyderabad stating that cash was not available in Adarshnagar Branch and will get the cash from Abids Branch, an hour later they returned to Adarshnagar Branch. A4 has handed over Rs.1.00 lakh cash to him and also to A3. A4 also gave Rs.3.00 lakhs to A5. A4 has informed him that he is giving Rs.45.00 lakhs to A2. On 04.03.2011, he went to Bank of Baroda, Adarshnagar Branch before 10.00 AM and asked A4 for the rest of the money which is due to him. A4 went into the branch and withdrawn Rs.50.00 lakhs each by presenting two cheques. A1, A3, A4, PW.8 and Munawar
Khan were already present at the branch. A3 and A4 went into the branch and brought Rs.1.00 crore and thereafter A4 has given him Rs.3.00 lakhs and he/A4 also gave Rs.3.00 lakhs to A3,
Rs.4.00 lakhs to A5, Rs.5.00 lakhs to PW.8. A4 has taken Rs.25.00 lakhs for himself and gave
Rs.60.00 lakhs to A1. A3 has informed him/PW.11 that Ex.P10/cheque belongs to third party which was withdrawn on the account of A1 when they were in Ajmeer. He gave his Section 164
Cr.P.C. statement before IV Metropolitan Magistrate, Hyderabad on 13.01.2012 and 17.01.2012 and he was granted pardon by CBI Court. In his cross-examination he stated as under:
I did not state before CBI office and learned Magistrate that when we were at Ajmeer, A1 was continuously receiving phone calls from his wife that A1 was appearing scared during that time and that he asked A3 why A1 was so appearing so as to what has happened, A3 told him that cheque withdrawn for Rs.3.25 crores belong to third party, for which A1 was afraid.
I never had any acquaintance with A1, even now there are no transactions between me and A1. It is true prior to 03.03.2011 I did not met A1 at any point of time nor had acquaintance with him.
On 13.01.2012 I was warned by IV Metropolitan Magistrate, Hyderabad of the consequences of making confession statement, thereafter on 17.01.2012 he gave his statement. There were no dealings between me and A4 between the years 2003 and February, 2011, I did not obtain any acknowledgement from A4 after he lent Rs.3.00 lakhs to him/A4. I did not take steps to recover Rs.3.00 lakhs from A4.
I deposed before the learned Magistrate that A4 gave me and A3 Rs.1.00 lakh each as suggested contra that I did not state so is not correct. I did not state before the learned Magistrate that A4 informed him that he is giving Rs.45.00 lakhs to A2.
P27 C.C.No.7 of 2012 I did not state before learned Magistrate that Suresh gave Rs.50.00 lakhs to Madhu at a hotel at Tankbund, in turn Madhu gave Rs.3.00 lakhs to him/PW.11 and sent me away stating that he has cleared off the amounts as in Ex.D1.
I did not state before the learned Magistrate or before CBI officers that the cash brought was the proceeds upon encashing Ex.P10/cheque. On 04.03.2011 A4 gave Rs.4.00 lakhs to A3 to hand it over to A5, I did not find out or confirm if Rs.4.00 lakhs is received by A3 was delivered to A5.
PW.11 denied the suggestion that CBI could not get any evidence against the accused and he was made an approver to bring out the material as he was granted pardon and his evidence in chief is false.
Evidence of prosecution witness in respect of Bank of Baroda, Opera House Branch, Mumbai and Adarsh Nagar Branch, Hyderabad:
20. PW.9 is the employee of PW.6. He deposed that on 07.03.2011 they received a call from Bank of Baroda, Opera House Branch, Mumbai that cheque for Rs.3.25 crores was issued on the account of PW.6, after receiving the call he went to the branch and confirmed about it, thereafter informed the same to PW.6. He informed the branch in writing denying that there was no such transaction to issue a cheque for Rs.3.25 crores by PW.6 or his family members.
In his cross-examination he stated as under:
He do not remember nor stated to CBI as to who has given information relating to the cheque for Rs.3.25 crores from Bank of Baroda, Opera House Branch, Mumbai.
PW.9 denied the suggestion that he has not received any information on phone from the branch and he has also not informed PW.6 about the transaction and he is giving false evidence at the instance of CBI as he is a planted witness in the case.
21. PW.10 deposed that he did not receive any commission in respect of the first cheque and the transactions concerned to it, and also deposed about Vilas Kadam/A6 and A6 stated to be absconding. This witness is not cross-examined by any of the counsels on record.
22. PW.12 is the Attender of Bank of Baroda, Adarshnagar Branch, Hyderabad. He knows
A1 to A5. A1 to A4 came to Bank of Baroda, Adarshnagar Branch to open account. On 04.03.2011 A1 came to the branch for withdrawal of Rs.1.00 crore, as there was no cash in
Adarshnagar Branch, on the instructions of A5 he and S.Prabhakar, then Cashier went to Bank of Baroda, Abids Branch, Hyderabad, brought Rs.1.00 crore and handed over the same in the cabin of A5, during that time four persons were sitting in the cabin opposite to A5. In his cross-
P28 C.C.No.7 of 2012 examination he stated that he can identify A1 among the five accused present in the Court Hall, he do not remember if he was shown to A1 to A5 during investigation by CBI and if he took part in an identification parade held to identify the accused during the investigation. PW.12 denied the suggestion that he do not know A1 to A5 nor A1 to A4 came to Bank of Baroda,
Adarshnagar Branch to open the account.
23. PW.13 deposed that Ex.P10/cheque was filled up by A5 since they are in his handwriting and Rs.3.25 crores was transferred to the account of M/s. Shiri Avenues Pvt. Ltd.
from Bank of Baroda, Opera House Branch, Mumbai, thereafter he passed Ex.P16/cheque for
Rs.1.75 crores, Ex.P18/cheque for Rs.50.00 lakhs and Ex.P19 and Ex.P20 cheques for Rs.25.00 lakhs each, all the cheques bears the signature of A1 on their reverse. Ex.P23 is the statement of account of M/s. Shiri Avenues Pvt. Ltd. from 17.02.2011 to 04.03.2011, as per the statement,
Rs.10,000/- was deposited on 04.03.2011. Ex.P24 is the Cheque Book Issue Register and
Ex.P25 is the corresponding entry showing that cheque book leaf Nos. 502201 to 502250, which were issued in the name of M/s. Shiri Avenues Pvt. Ltd. relating to Account No.02/2747, the entry bears the signature of A1. In his cross-examination he stated as under:
I do not have prior acquaintance with A1 nor gave descriptive particulars of A1 to CBI and my duties in the branch do not include opening the accounts.
Account number is generated in the branch on the computer system whenever an account is opened, we scan the signatures of account holders whenever new accounts were opened in the branch and they have been uploaded in computer system.
The entire process of opening account including the signatures of account holders was centralised which can be retrieved in any of our branch throughout the country. I did not go through Ex.P22/application form when the Current Account was opened and I do not have personal knowledge of the same.
I was in Advances Room when Ex.P18 to Ex.P20 cheques were passed in the branch, witness adds that A5 was in Operation Counter during that time, the three cheques available on the counter were already passed on the computer by A5, I signed on the cheques and forwarded them to the Cashier.
When the third cheque was passed, there were no minimum balance in the account which he observed on computer system, immediately he informed the same to A5. I signed on Ex.P18 to Ex.P20 cheques after verifying the statement of account on the system and they relate to Shiri Avenues Pvt. Ltd.
PW.13 denied the suggestion that he is giving false evidence.
P29 C.C.No.7 of 2012
24. PW.14 is the Head Cashier of Bank of Baroda, Adarshnagar Branch worked during 2006 and 2011, A5 was the Manager in the branch during his tenure, his nature of duties as Cashier in the branch include receiving cash and disbursing it. Ex.P15/cheque for Rs.50.00 lakhs was presented by A1 in the counter, who received token. He has obtained two signatures of A1 on
Ex.P15 and A5 prepared a letter of requisition for cash to the above said branch.
Ex.P18/cheque for Rs.50.00 lakhs was presented in Bank of Baroda, Adarshnagar Branch by A1 on 04.03.2011. Ex.P19 and Ex.P20 bearer cheques were issued in favour of A4 and A3 for
Rs.25.00 lakhs each, they were presented on the same day in the account of A1. Since required cash of Rs.1.00 crore was not available in the branch, he and PW.12 went to Bank of
Baroda, Chest Branch at Hyderabad and collected Rs.1.00 crore, brought the same to Bank of
Baroda, Adarshnagar Branch, Hyderabad. PW.12 informed him that the concerned parties of three cheques (Ex.P18, Ex.P19 and Ex.P20) were in the cabin of A5. He went to the cabin of
A5 with cash and cheques and handed over the same to the Branch Manager. Ex.P19 and
Ex.P20 cheques bears the signatures of A4 and A3 and he received Ex.P18 to Ex.P20 in the evening on the same day at his counter, three days later officers from Bank of Baroda, Regional
Office, Hyderabad visited the branch and they asked him about Ex.P10/cheque and informed him about the fraud took place in the branch. In his cross-examination he stated that Ex.P26 is the RTGS Counterfoil relating to account No.02/2747 of Adarshnagar Branch dt.03.03.2011 for
Rs.1,75,000/- and the beneficiary account number is 704496633 of Indian Bank, S.R.Nagar
Branch, he further stated in his cross-examination that he do not remember if he had entered
Ex.P18 to Ex.P20 cheques in the payment scroll in the branch, he did not find any alterations in the components of Ex.P15, Ex.P18 to Ex.P20. As per rules, whenever cash of Rs.1.00 crore was to be brought to the branch from Chest Branch, security with a gunmen was to be provided, but on that day (04.03.2011) he did not took the assistance of gunmen to fetch Rs.1.00 crore from the Chest Branch to Adarshnagar Branch, A5 has paid cash in his presence under Ex.P18 to
Ex.P20 to the parties, under Ex.P21/pay-in-slip he received Rs.10,000/- on 17.02.2011 and he
P30 C.C.No.7 of 2012 did not upload the entry in computer system. PW.14 denied the suggestion that he is deposing false to accommodate CBI.
25. PW.15 was advising A2 in income tax matters and he charged him/A2 a fee of Rs.2.00 lakhs, A2 paid him Rs.1.00 lakh under Ex.P27 on 04.03.2011, he encashed the cheque bearing
No.777681 issued for Suraj Impex by its proprietor A2.
26. PW.16 is the Cashier of Bank of Baroda, Adarshnagar Branch during 01.01.2011 to 02.04.2011, A5 was the Branch Manager during that time and Ex.P22 is the Current Account opening form of M/s. Shiri Avenues Pvt. Ltd. represented by A1, as per Ex.P22. A5 asked him to verify the balance in the Account No.04090100001282 of Bank of Baroda, Opera House
Branch, Mumbai showing Ex.P10/cheque, which was in blank. A5 has filled up Ex.P10/cheque and asked him to enter a transfer entry in favour of Shiri Avenues Pvt. Ltd. for Rs.3.25 crores, temporary number was generated relating to the transfer transaction in M-207179 which he wrote on the top corner of Ex.P10, below the date. Ex.P14 is the pay-in-slip of Rs.3.25 crores in the name of Shiri Avenues Pvt. Ltd. relating to Account No.25680200002747 dt.03.03.2011, which is filled by A5. He also entered Ex.P15/self cheque for Rs.50.00 lakhs in the computer system in the branch on 03.03.2011, on the same day he has also entered Ex.P16/cheque for
Rs.1.75 crores presented for Shiri Avenues Pvt. Ltd. The above said amount was transferred in the name of Suraj Impex under Ex.P17. In his cross-examination he stated that he had no prior acquaintance with A1 and that he has identified him in the Court at the instance of CBI.
Current Account of Suraj Impex by its proprietor A2:
27.1. A2 as a proprietor of Suraj Impex has opened Current Account in Indian Bank, Srinagar
Colony Branch, Hyderabad under Ex.P28 on 03.03.2011. Bank has allotted Current Account
No.939953286.
27.2. PW.17 deposed that Suraj Impex had already TOD Account bearing No.704496633 which was transferred to NPA Debit Account and funds were received to the TOD Account
P31 C.C.No.7 of 2012 through RTGS for Rs.1.75 crores, after debiting the amount due under NPA Account of Suraj
Impex the balance was transferred to the account of Ex.P28. A2 wanted to operate the TOD
Account which could not be done so, thereby he/A2 opened fresh account under Ex.P28. A2 has withdrawn Rs.50.00 lakhs under Ex.P29/self cheque on 03.03.2011 vide cheque bearing
No.777676, Rs.5.00 lakhs on 04.03.2011 under Ex.P30/self cheque bearing No.777680,
Rs.10.00 lakhs on 05.03.2011 under Ex.P31/self cheque bearing No.777684 and Rs.1,65,310/- on 05.03.2011 under Ex.P32/self cheque bearing No.777682 as proprietor for Suraj Impex. A2 as proprietor of Suraj Impex transferred an amount of Rs.29,25,000/- through RTGS under
Ex.P33 in favour of Rajeswara Rao Vennamaneni bearing Account No.771010003998 dt.04.03.2011 of ING Vysya Bank, Vivekanandanagar Colony, KPHB, Hyderabad and its counterfoil is Ex.P45, another amount of Rs.60.00 lakhs under Ex.P34 in favour of Nukala
Vodata Services Pvt. Ltd. bearing Account No.000003683552 of Barclays Bank, Hyderabad,
Rs.2.00 lakhs under Ex.P35 in favour of Virtus Impex bearing Account No.911020003003311 dt.04.03.2011 of Axis Bank, Madhapur Branch, Hyderabad.
27.3. PW.17 further deposed that Ex.P36 is the debit voucher for Rs.50.00 lakhs from Current
Account No.704496633 to Current Account No.939953286 of Suraj Impex dt.03.03.2011, its credit voucher is Ex.P37. Ex.P38 is the debit voucher for Rs.5.00 lakhs from Current Account
No.704496633 to Current Account No.939953286 of Suraj Impex dt.03.03.2011 and its credit voucher is Ex.P39. Ex.P40 is the debit voucher for Rs.1,14,88,073/- from Current Account
No.704496633 to Current Account No.939953286 of Suraj Impex dt.04.03.2011 and its credit voucher is Ex.P41. Ex.P42 is the statement of account of Suraj Impex of Indian Bank, Srinagar
Colony Branch, Hyderabad from 01.01.2011 to 06.04.2011 bearing Current Account
No.704496633. Ex.P43 is the statement of account of Suraj Impex of Indian Bank, Srinagar
Colony Branch, Hyderabad from 01.01.2011 to 06.04.2011 bearing Current Account
No.939953286. PW.17 addressed letter under Ex.P44 dt.02.04.2011 to Suraj Impex by its
P32 C.C.No.7 of 2012 proprietor A2 that the bank is unable to allow operations in the account till the investigation is completed. In his cross-examination he stated as under:
As per Ex.P42 statement of account Rs.4,61,040/- was to be recovered from the account bearing No.704496633, as soon as RTGS transfer of Rs.1.75 crores was received into the account, it was credited. It is true as per Ex.P42, Rs.4,61,040/- was debited on 03.03.2011 immediately after RTGS transfer.
On 03.03.2011 Suraj Impex opened Current Account bearing No.939953286 and cheque book was issued thereon and Ex.P27, Ex.P29 to Ex.P32 are the cheque leaves of the above said account. As per ExP42/statement of account, the closing balance was Rs.1,14,88,073/- as on 04.03.2011, as per Ex.P43/statement of account, the closing balance was Rs.19,87,558/- as on 04.03.2011, a reverse entry was made in Ex.P43 in respect of Rs.4,61,040/- which was shown as the amount due as per Ex.P42.
Ex.P43 account was allowed to be operated upto 07.03.2011.
PW.17 denied the suggestion that he changed the Current Account from Ex.P42 to Ex.P43 being afraid that CBI would find fault with him and he brought out Ex.P43 in order to create a circumstance of criminality against A2.
Bank Account of M/s. Nukala Vodata Services Pvt. Ltd. by its Managing Director PW.18:
28.1. PW.18 has opened Current Account in Barclays Bank, Banjara Hills, Hyderabad under
Ex.P51 in the name of Nukala Vodata Services Pvt. Ltd. on 21.07.2010, he knows A2, who was introduced by his friend Mallikarjun in the month of October, 2010. A2 has offered to provide collateral security, he/A2 asked him to give advance of Rs.10.00 lakhs to attend the work. He gave Rs.6.00 lakhs in cash to A2 in the month of October, 2010, thereafter A2 went to Dubai.
A2 gave a cheque for Rs.6.00 lakhs in his favour which was dishonoured and again A2 gave another bearer cheque for Rs.6.00 lakhs in the name of Mallikarjun, the bank account of A2 was not having balance. A2 gave another cheque for Rs.3.00 lakhs in the name of his wife on ICICI
Bank, Khairtabad Branch, which was honoured. On the request of A2, he/PW.18 lent Rs.2.00 lakhs, Rs.75,000/- and Rs.3.00 lakhs as hand loan. In the month of November, 2010, A2 informed him that he is going to invest Rs.50.00 crores in the company for expansion and agreement was entered between his company and A2‟s company i.e. Suraj Impex (in the month of December, 2010). A2 gave four cheques for Rs.5.00 crores in all. In the month of March, 2011, A2 called him over phone and requested him to come to Indian Bank, Srinagar Colony
P33 C.C.No.7 of 2012
Branch, Hyderabad, after withdrawing Rs.6.00 lakhs from the bank he handed over the same to him.
28.2. PW.18 further deposed that A2 has offered to transfer Rs.50.00 lakhs from his account to the account of Nukala Vodata Services Pvt. Ltd. in Barclays Bank, Banjara Hills, Hyderabad as his/A2‟s account in Indian Bank, Srinagar Colony Branch, Hyderabad was frozen on account of high value cash transactions. A2 has transferred Rs.60.00 lakhs to his company‟s account by way of RTGS and both went to Barclays Bank, Banjara Hills, Hyderabad and he gave a cheque for Rs.50.00 lakhs for withdrawal, A2 himself came to the teller machine and collected Rs.50.00 lakhs under Ex.P46/cheque dt.04.03.2011 and its CCTV footage is MO.1. Two days thereafter,
A2 called him and asked him to withdraw Rs.5.00 lakhs from the company‟s account and he has done the same and withdrawn the above said amount under Ex.P47/cheque bearing No.159390 dt.08.03.2011, at the request of A2 he has also withdrawn Rs.3.00 lakhs from the company‟s account at Barclays Bank. CBI has conducted search in his residential flat at Banjara Hills,
Hyderabad and they seized original investment agreement, cheques and other documents under
Ex.P48/search list. Ex.P49 is the self cheque for Rs.1,30,500/- bearing No.159387 dt.05.03.2011. He has also withdrawn Rs.5,50,000/- on 09.03.2011 under Ex.P50/cheque bearing No.159392, out of which he paid Rs.3.00 lakhs to A2. In his cross-examination he stated as under:
I do not remember whether I have withdrawn two cheques for Rs.4.00 lakhs and Rs.6.00 lakhs on 20.07.2010 from Barclays Bank (photo copies of the cheques are enclosed to Ex.P51). I have a Savings Bank Account in Barclays Bank, Banjara Hills, Hyderabad and my company has a Current Account in the same bank.
My company was in call centre business in 2G and 3G communications. Ex.P46 to Ex.P50 are the self cheques and I have withdrawn the same, out of five cheques issued by A2 in all for Rs.5.00 crores I had presented two cheques, but they were dishonoured and I did not issue any notice to A2 on the dishonoured cheques, witness adds that he did not deposit three cheques to his account and he handed over the five cheques to CBI.
On 03.03.2011 A2 gave Rs.6.00 lakhs to him at Indian Bank, Srinagar Colony Branch, there is no proof to that effect. On 03.03.2011 A2 has withdrawn Rs.50.00 lakhs from Indian Bank, and on 04.03.2011 A2 has transferred Rs.60.00 lakhs to my company‟s account in Barclays Bank, he has withdrawn Rs.50.00 lakhs on 04.03.2011 under Ex.P46 and also withdrawn the cheques covered by Ex.P47, Ex.P49, Ex.P50.
P34 C.C.No.7 of 2012 CBI Officer has examined me on 28.04.2011 and he got issued lawyer‟s notice to Suraj Impex and A2 through Sri K.Ravi Kishore, Advocate on 22.07.2011, he do not know that Suraj Impex and A2 filed suit in O.S.No.593/2011 on the file of II ACJ, City Civil Court, Hyderabad against him and Nukala Vodata Services Pvt. Ltd. for recovery of Rs.62.00 lakhs.
PW.18 denied the suggestion that he did not give Rs.6.00 lakhs to A2 through Mallikarjun Rao is false and that his statement that A2 issued a bearer cheque in the name of Mallikarjun is also false. PW.18 further denied the suggestion that he requested A2 to lend Rs.60.00 lakhs to prevent to stop his company‟s operation, PW.18 also denied the suggestion that A2 did not issue cheque for Rs.3.00 lakhs in favour of his wife. PW.18 further denied the suggestion that A2 never issued five cheques to him nor they were dishonoured, he also denied the suggestion that A2 gave hand loan of Rs.2.00 lakhs to him for releasing his car on 03.03.2011 by way of cheque No.777677. PW.18 denied the suggestion that except in respect of Rs.62.00 lakhs, A2 do not know anything about the alleged transaction, he also denied the suggestion that his evidence in chief is false.
28.3. PW.28 is the Regional Risk Manager of Barclays Bank, Banjara Hills, Hyderabad, he deposed that PW.18 has opened an account in the branch in the name of M/s. Nukala Vodata
Services Pvt. Ltd. under Ex.P51. PW.18 was also having personal account in the branch.
Rs.60.00 lakhs was received in the Current Account of M/s. Nukala Vodata Services Ltd. from
Suraj Impex Ltd. on 04.03.2011 as per Ex.P34, an amount of Rs.50.00 lakhs was withdrawn on 04.03.2011 by PW.18 under Ex.P46/cheque, PW.18 has also withdrawn the amounts covered by
Ex.P47, Ex.P49, Ex.P50. They received a call from PW.27 stating that unauthorised amount was transferred to the company of PW.18 and requested to freeze the account, they have done so under Ex.P78. PW.18 gave a letter to the bank under Ex.P79 dt.23.03.2011 that the withdrawals are made for the purpose of M/s. Suraj Impex, as per banking norms, they sent a communication to PW.18 on 12.04.2011 about the freezing of account of the company. PW.18 gave reply to the bank on 18.04.2011 under Ex.P81. In his cross-examination he stated that
PW.18 himself was operating his personal account and company account and he is a genuine customer of the bank when both the accounts were in operation between the years 2008 and 2011, the transfer under Ex.P34 to the account of Nukala Vodata Services Pvt. Ltd. is a bonafide transfer. PW.28 further stated in his cross-examination that he told CBI officers when he was examined on 04.03.2011 that PW.18 brought Sri V.Santosh Kumar, Proprietor of M/s. Suraj
P35 C.C.No.7 of 2012
Impex at the time of encashment of Rs.50.00 lakhs as Santosh Kumar was in urgent need of money, he/PW.18 is giving it to Santosh Kumar towards hand loan and the amounts withdrawn by PW.18 from his company accounts whereby presenting self cheques and the Branch Manager has sought for clarification from PW.18 about the transfer of Rs.60.00 through RTGS to PW.18 company‟s account and withdrawal of Rs.50.00 lakhs and the bank has not raised any objection as the withdrawal was allowed to materialise.
28.4. PW.35 deposed that Barclays Bank, Banjara Hills, Hyderabad is maintaining CCTV cameras since the date of inception. MO.1 is the CCTV footage of the bank from 04.03.2011 along with Section 65B certificate. PW.28 also worked in the bank during the year 2008 and he left the organisation in the year 2012, as of now he is in USA. PW.34 has addressed a letter to the Branch Manager, Barclays Bank, Hyderabad on 23.04.2011 asking for original documents at the time of opening Current Account. In his cross-examination he stated that as per MO.1, recording is pertaining to 04.03.2011 wherein it goes to show that bank employees are only present.
Inspection/verification of the account of M/s. Shiri Avenues Pvt. Ltd.:
29. PW.21 deposed that on 08.03.2011 as per the instruction of DGM, Regional Office, Bank of Baroda, Hyderabad, he along with Sri Jaya Prakash, AGM, Regional Office, Bank of Baroda,
Hyderabad visited Bank Baroda, Adarshnagar Branch, Hyderabad for verification of KYC documents relating to M/s. Shiri Avenues Pvt. Ltd. and they observed that there were five
Directors to the company and out of the five Directors, it is found that A1 alone had signed on
Ex.P22/account opening form. Ex.P52 is the Resolution of the company, only three Directors have signed on it and third party cheques were paid out of the account of Shiri Avenues by way of Ex.P19 and Ex.P20 cheques, the identification particulars of the parties, who received the payments under Ex.P19 and Ex.P20 were not noted. Ex.P10/cheque for Rs.3.25 crores was presented in the clearing and it was collected, credited in the account of M/s. Shiri Avenues Pvt.
Ltd. bearing Account No.25680200002747. As per the norms of the bank, whenever a cheque
P36 C.C.No.7 of 2012 is received for more than Rs.2.00 lakhs, confirmation has to be obtained from the base branch i.e. Bank of Baroda, Opera House Branch, Mumbai, but no such confirmation is received in this case nor communication by fax or email was sent to Opera House Branch for confirmation.
Ex.P10/cheque amount was withdrawn by way of RTGS, self cheques and third party cheques by 04.03.2011. As on 08.03.2011, balance available in the account of M/s. Shiri Avenues was
Rs.19,944/- as per Ex.P23 and A5 was the Branch Manager during the above said period. In his cross-examination he stated as under:
It is true that for the purpose of inspection a written authorisation shall be given to the officer who is directed to inspect, there was no written authorisation given to him by DGM to inspect Bank of Baroda, Adarshnagar Branch, Hyderabad on 08.03.2011. It is true there shall a quorum among the directors to pass a resolution of Board of Directors. I did not state to CBI officers about presenting, clearing the cheque of Rs.3.25 crores under Ex.P10 pertaining to M/s. Shiri Avenues Pvt. Ltd. and has to get confirmation from base branch if the cheque is more than Rs.2.00 lakhs.
I do not know personally landline phone of the branch was disconnected in the year 2010, there was no fax facility in the branch, witness adds that considering the serious nature of the transaction under Ex.P10, branch has to obtain the confirmation from Opera House Branch by this branch by using STD and FAX facility outside.
Mobile phones were not given to the Branch Manager as on 08.03.2011. Ex.P10/cheque came to the branch through clearing and he cannot say the staff strength in the branch which is 20 years old. He do not know that the branch should have 8 staff members that was originally sanctioned, as on 08.03.2011 there are 6 staff members in the branch including the Branch Manager and Second Officer.
PW.21 denied the suggestion that his evidence in chief is false and also denied the suggestion that neither phone bills of landline of the branch or mobile bills spent by A5 was paid to him during his tenure. He also denied the suggestion that there was one officer, one clerk, one cashier and a sweeper as on 08.03.2011 and that A5 was already taken to Regional Office by then.
Loan given to M/s. Shiri Avenues Pvt. Ltd., Ameerpet, Hyderabad:
30.1. Ex.P55 is the S.E. Loans of M/s. Shiri Avenues Pvt. Ltd. and the Directors therein are
H.Nadeem Ahmed, L.Sudarshan, C.V.Ranganatha Chowdhary/A1, G.Krishna Reddy and
Mrs. H.Shaheena Parveen and the credit facility availed is C.C. Limit of Rs.150.00 lakhs for construction.
30.2. PW.22 deposed that M/s. Shiri Avenues Pvt. Ltd. are in construction business and the company has approached State Bank of India, SMECC, Hyderabad Branch for loan of Rs.150.00
P37 C.C.No.7 of 2012 lakhs in the month of April, 2008 and the company were having five Directors. M/s. Shiri
Avenues offered a building at Ameerpet as security for the loan which was approximately
Rs.50.00 lakhs, the company has utilised Rs.50.00 lakhs from the loan amount. A1 and Krishna
Reddy were operating the account on behalf of the company, the company has to deposit sale proceeds upon sale of each flat. While he was working in the branch, the company outstanding amount was Rs.30.00 lakhs and odd, later on he was transferred to NPA Cell (SARB) at
Nampally. In his cross-examination he stated that whenever a company changes its location, they have to inform the change address to the bank, the borrower in construction business shall furnish a month report along with EC to show the status of flats if sold or not to the bank, K.Sai
Babu retired from the bank about 2 or 3 years ago. It is true that the office address of
M/s. Shiri Avenues Pvt. Ltd. is Flat No.007, Everest Block, Aditya Enclave, Ameerpet, Hyderabad.
PW.22 denied the suggestion that his evidence in chief is false.
Savings Bank Account of V.Rajeswara Rao/PW.23 in ING Vysya Bank, K.P.H.B. Branch, Hyderabad:
31.1. PW.23 has opened account in ING Vysya Bank, KPHB Branch, Hyderabad vide S.B.
Account No.771010003998 under Ex.P56. Ex.P60 is the statement of account relating to the above said S.B. Account for the period from 01.08.2007 to 12.03.2011. He knows A2, he gave hand loan of Rs.12.00 lakhs in cash to A2 in 2008 for land registration and thereafter he gave
Rs.5.00 lakhs, Rs.5.00 lakhs and Rs.10.00 lakhs in the year 2010 for completion of registration of the land. A2 gave cheque for Rs.40.00 lakhs to him drawn on ICICI Bank, Khairtabad
Branch, Hyderabad, on enquiry with the branch about the funds, he was informed that A2 account is not having sufficient balance, however, A2 has transferred Rs.29.25 lakhs into his account by RTGS from his account on 04.03.2011. Ex.P57 is the self cheque for Rs.9.50 lakhs bearing cheque No.134056 dt.04.03.2011. Ex.P58 is the self cheque for Rs.7.10 lakhs bearing cheque No.134057 dt.05.03.2011. Ex.P59 is the self cheque for Rs.12.60 lakhs bearing cheque
No.134058 dt.05.03.2011. A week after the transfer of Rs.29.25 lakhs into his account by A2,
P38 C.C.No.7 of 2012 he received a call from Bank of Baroda that the amount credited in his account is an outcome of hacking. In his cross-examination he stated as under:
It is true I have withdrawn money by presenting Ex.P57 to Ex.P59 self cheques, I am an income tax assessee and I had shown Rs.40.00 lakhs drawn in my income tax returns. It is true Mr. Suresh is a friend.
A2 did not execute any document or any agreement acknowledging that he had borrowed money on different occasions.
PW.23 denied the suggestion that he himself had requested A2 to support him financially to start transport business stating that he suffered loss in the year 2011, he also denied the suggestion that for such purpose A2 has issued cheque for Rs.40.00 lakhs in his favour to come out of the loss from his business. PW.23 also denied the suggestion that at his request A2 has transferred Rs.29.25 lakhs into his account by way of RTGS to overcome the financial difficulties and that he has no financial capacity to lend money to A2.
31.2. PW.32 deposed that PW.23 has opened Savings Bank Account in ING Vysya Bank, KPHB
Branch, Hyderabad under Ex.P56 and Ex.P60 is the statement of account of PW.23. PW.23 has withdrawn the amounts covered by Ex.P57, Ex.P58, Ex.P59 cheques and he asked the account holder about the remittance of such huge amount and its withdrawal, then PW.23 informed him that he had borrowed the amount from M/s. Suraj Impex through its proprietor V.Santosh
Kumar and that he has repaid the amounts after withdrawing the amounts covered under
Ex.P57 to Ex.P59 cheques. This witness is not cross-examined by any of the counsels.
32. PW.24 deposed that he was in granite business at Chennai till 2000 and he knows A2 as he is his family friend, he used to stay in Jubilee Hills, Hyderabad. In the year 2011, A2 requested Rs.5.00 lakhs as hand loan and he has given the same, in the month of March, 2011,
A2 repaid Rs.75,000/- through cheque drawn on Indian Bank, S.R.Nagar Branch, Hyderabad and he encashed the same. A month later, he received a call from one Sri Ramesh Kumar of
CBI, Chennai and asked him to attend CBI office at Hyderabad. He did not receive any letter from Bank of Baroda in respect of the above transaction, on the instructions of Ramesh Kumar,
CBI, he has remitted Rs.75,000/- in Bank of Baroda, Chikkadpally Branch, Hyderabad. In his cross-examination he stated that A2 gave him Rs.75,000/- to clear his bills for his stay at
Jubilee Hills Club, Hyderabad and that he did not inform A2 that he had remitted Rs.75,000/- in
P39 C.C.No.7 of 2012
Bank of Baroda, Chikkadpally Branch, Hyderabad. PW.24 denied the suggestion that he did not remit Rs.75,000/- in Bank of Baroda, Chikkadpally Branch, Hyderabad.
Current Account of M/s. Virtus Impex Ltd. by its proprietor PW.30:
33.1. PW.25 worked as Manager (Operations), Axis Bank, Madhapur Branch, Hyderabad during 2010 and 2014. Ex.P61 is the account opening form of M/s. Virtus Impex Ltd.
dt.12.01.2011 by its proprietor T.V.L.N.Murthy/PW.30. Bank has allotted Current Account
No.911020003003311. On 04.03.2011 an amount of Rs.2.00 lakhs was transferred by way of
RTGS from the account of PW.30 in favour of Suraj Impex under Ex.P62/cheque bearing
No.001455 dt.04.03.2011. In the year 2011 branch has received phone call from Bank of
Baroda, Himayathnagar Branch, Hyderabad stating that one of our customer has received a remittance of Rs.2.00 lakhs through RTGS and the transfer was by mistake, on verification of the records, it revealed that Rs.2.00 lakhs was transferred to PW.30‟s account, on the same day
Rs.2.00 lakhs was withdrawn by him under Ex.P61. On enquiry with PW.30, PW.30 informed him that it was relating to the repayment of the hand loan due to the party, he do not remember the name of the party who effected the transfer of Rs.2.00 lakhs to the account of
PW.30. In his cross-examination he stated that RTGS is a mode of legal transfer of money from one bank to another, therefore, transfer of Rs.2.00 lakhs from Indian Bank to their branch is a legal transfer.
33.2. PW.30 deposed that he was running bullion trade in the name and style of Virtus Impex at 402, Icon Towers, Hitech City, Madhapur, Hyderabad during the year 2011 and 2012. He had a Current Account in the name of the company in Axis Bank, Madhapur Branch, Hyderabad under Ex.P61. Mr. Premnath has introduced A2 to him and he visited the office of A2 at
Ayyappa Society, Madhapur, Hyderabad. A2 was in need of money thereby he has lent Rs.5.00 lakhs towards hand loan, he has requested A2 to give receipt for the amount borrowed by him,
A2 promised to issue cheque for the above said amount. After an year, A2 called him over phone and informed him that he will be transferring Rs.5.00 lakhs to his account, but he has
P40 C.C.No.7 of 2012 transferred Rs.2.00 lakhs only (under Ex.P35/RTGS application dt.04.03.2011). He has withdrawn Rs.2.00 lakhs under Ex.P62/self cheque on 04.03.2011 and he did not receive balance of Rs.3.00 lakhs from A2 in spite of his request. Madhavi was the Branch Manager during that time and she has closed my account at the instance of CBI. In his cross- examination he stated as under:
Mr. Premnath is a common friend to me and A2, I had visited the office of A2 i.e. Suraj Impex before lending money to him. RBI had taken action against Smt. Madhavi, Branch Manager, Axis Bank, Madhapur Branch, Hyderabad for closing his account without intimation.
He did not issue any notice to A2 demanding to repay Rs.3.00 lakhs.
PW.30 denied the suggestion that he lent only Rs.2.00 lakhs to Suraj Impex but not Rs.5.00 lakhs, on account of it, A2 as MD of Suraj Impex had transferred Rs.2.00 lakhs to his account, PW.30 also denied the suggestion that A2 is not liable to pay Rs.3.00 lakhs.
Expert‟s Evidence:
34.1. PW.26 deposed that documents relating to the case were received on 17.11.2011 and 06.01.2012 by the Laboratory along with the letter head of CBI, SCB, Chennai under Ex.P63 letter dt.16.11.2011 along with documents marked.
Questioned Documents:
Ex.P22/original account opening form of Bank of Baroda, Adarshnagar Branch, Hyderabad dt.17.02.2011 contains Q1 to Q3, Q5 to Q14, Q19, Q55, Q56 and Q59.
Ex.P52/Board Resolution dt.14.02.2011 contains Q20, Q51 and Q52.
Ex.P14/deposit slip dt.03.03.2011 (for Rs.3.25 crores) contains Q4 and Q15.
Ex.P17/RTGS application form dt.03.03.2011 (for Rs.1.75 crores) contains Q16 and Q22.
Ex.P10/cheque dt.03.03.2011 (for Rs.3.25 crores) contains Q17, Q50, Q57 and Q58.
Ex.P64/original deposit slip dt.04.03.2011 (for Rs.10,000/-) contains Q54.
Ex.P15/cheque dt.03.03.2011 (for Rs.50.00 lakhs) contains Q23, Q37 and Q40.
Ex.P16/cheque dt.03.03.2011 (for Rs.1.75 crores) contains Q24, Q38 and Q53.
Ex.P18/cheque dt.04.03.2011 (for Rs.50.00 lakhs) contains Q18, Q26 and Q35.
Ex.P19/cheque dt.04.03.2011 (for Rs.25.00 lakhs) contains Q25, Q34 and Q42.
Ex.P20/cheque dt.04.03.2011 (for Rs.25.00 lakhs) contains Q27, Q36, Q41 and Q43.
P41 C.C.No.7 of 2012
Ex.P11/original sale agreement dt.03.03.2011 (between Shiri Avenues Pvt.Ltd. and that of PW.7 and A2) contains Q28 to Q33, Q44 to Q49.
Standard Signatures and Writings of Accused and Witnesses:
Ex.P65 are the standard signatures and writings of A5 are S1, S1/1 to S1/5, S2 and S2/1.
Ex.P66 are the standard signatures and writings of A1 are S3, S3/1 to S3/5, S4 and S4/1 to S4/3.
Ex.P67 are the standard signatures and writings of A3 are S5, S5/1 to S5/5, S6, S6/1, S6/2, S7, S7/1 to S7/5, S8 and S8/1 to S8/5.
Ex.P13 are the standard signatures of PW.7 are S9, S9/1 to S9/5 and admitting
writings of PW.7 in Ex.P4 is A1, in Ex.P3 is A2, in Ex.P5 is A3.
Ex.P54 are the standard signatures of PW.20 are S10 and S10/1 to S10/5.
Ex.P53 are the standard signatures of PW.19 are S11 and S11/1 to S11/5.
Ex.P68 are the standard writings of A1 bearing S12, S12/1 to S12/5, S13 and S13/1 to S13/5.
Ex.P69 are the standard writings of A5 bearing S14, S14/1 to S14/5,
Ex.P70 are the standard writings of A1 bearing S15, S15/1 to S15/5.
Ex.P71 are the standard writings of A5 bearing S16, S16/1 to S16/5.
Ex.P72 are the standard writings of A3 bearing S17, S17/1 to S17/4, S18, S18/1 to S18/4.
Ex.P73 are the standard writings of A2 bearing S19, S19/1 to S19/5.
Ex.P74 are the standard writings of A4 bearing S20, S20/1 to S20/4.
Ex.P75 are the standard writings of PW.11 are S21 and S21/1 to S21/4.
34.2. Along with the letter dt.05.01.2012 of Head of the Branch, CBI, Chennai, Laboratory has received documents containing markings as Q60 on Ex.P19, Q61 on Ex.P18 and Q62 to Q67 on Ex.P11. He has examined the documents by comparing and studying the writing habits available in the questioned documents with the one available in corresponding standard writings and signatures and gave his opinion under Ex.P76 dt.28.02.2011, Ex.P77 is the covering letter dt.12.03.2012 with opinion and its enclosures. His findings in Ex.P76 are as under:
1. There are marks of alteration in the red enclosed portions marked as Q57 and Q58, but the original figures, if any, could not be deciphered. (Related VSC-5000 photographs in Annexure 1 to Annexure 5).
2. The person who wrote the blue enclosed signatures stamped and marked as S9, S9/1 to S9/5 (Standard signatures of PW.7 in Ex.P13) and A1 to A3 (Admitted
P42 C.C.No.7 of 2012 writings of PW.7 in Ex.P4, Ex.P3 and Ex.P5) did not write the red enclosed signatures similarly stamped and marked as Q44 to Q50 [alleged signatures of PW.7 on Ex.P11 (Q44 to Q49) and alleged signature of PW.7 on Ex.P10/cheque (Q50)].
3. The person who wrote the blue enclosed signatures stamped and marked as S10 and S10/1 to S10/5 did not write the red enclosed signature similarly stamped and marked as Q51.
4. The person who wrote the blue enclosed signatures stamped and marked asS11 and S11/1 to S11/5 did not write the red enclosed signature similarly stamped and marked as Q52.
5. The person who wrote the blue enclosed signatures stamped and marked as S20 and S20/1 to S20/4 did not write the red enclosed signature similarly stamped and marked as Q60.
6. The person who wrote the blue enclosed signatures stamped and marked as S21 and S21/1 to S21/4 did not write the red enclosed signature similarly stamped and marked as Q61.
7. The person who wrote the blue enclosed writings stamped and marked as S1, S1/1 to S1/5, S2, S2/1, S14, S14/1 to S14/5, S16 and S16/1 to S16/5 also wrote the red enclosed writings similarly stamped and marked as Q1 to Q4, Q11, Q12, Q14, Q17 and Q18.
8. The person who wrote the red enclosed writings stamped and marked as S3, S3/1 to S3/5, S4, S4/1 to S4/3, S15 and S15/1 to S15/5 also wrote the red enclosed writings similarly stamped and marked as Q19 to Q38, Q40, Q55 and Q59.
9. The person who wrote the blue enclosed writings stamped and marked as S5, S5/1 to S5/5, S6, S6/1, S6/2, S7, S7/1 to S7/5, S8 and S8/1 to S8/5 also wrote the red enclosed writings similarly stamped and marked as Q41 to Q43.
10. It has not been possible to express any opinion on rest of the items on the basis of material at hand.
34.3. A2 to A4 in-person reported no cross-examination and cross-examination of A1 is treated as nil.
Seizure of documents from Bank of Baroda, Adarshnagar Branch, Hyderabad by PW.27:
35. PW.27 is the Senior Manager, Bank of Baroda, Vigilance Department, Regional Office,
Hyderabad, he deposed that on 04.03.2011 as per the instructions of Regional Head at
Hyderabad, he visited Bank of Baroda, Adarshnagar Branch and seized all the records for the purpose of investigation. He along with B.Meher Kumar, Senior Manager (Legal), Regional
Office, Hyderabad and Sri Vinod Babu, Senior Manager, Banjara Hills, Hyderabad visited the office of Suraj Impex at Madhapur and met its proprietor, requested him to return Rs.1.75
P43 C.C.No.7 of 2012 crores received by him by RTGS from the account of M/s. Shiri Avenues Pvt. Ltd. maintained at
Bank of Baroda, Adarshnagar Branch, Hyderabad stating that the amount is deposited in the account of Shiri Avenues through a forged cheque. Proprietor of M/s. Suraj Impex agreed to return Rs.1.75 crores, later he informed that the amount received by him from M/s. Shiri
Avenues Pvt. Ltd was part of agreement between him and A1 for purchase and construction of building, he promised to visit our office to discuss the issue, but he has not turned up, they prepared a minutes in respect of meeting the proprietor of M/s. Suraj Impex on 23.03.2011 for the purpose of record. He further deposed that Ex.P10/cheque was presented in Adarshnagar
Branch on 03.03.2011 which is a forged one and A5 has filled the contents in Ex.P10, he also deposed about the transfer of amount of Rs.1.75 crores to Suraj Impex under Ex.P69 and
Ex.P70 and also withdrawal of cheque amounts covered by Ex.P15, Ex.P18, Ex.P19 and Ex.P20 which are reflected in Ex.P23/statement of account of Shiri Avenues Pvt. Ltd. In his cross- examination he stated as under:
It is true to open an account in our branch by a corporate body, copies of certificate of incorporation, resolution of the company along with memorandum and articles of association, resolution of the Board of Directors authorising a particular person to operate the account shall be furnished along with KYC.
It is true M/s. Shiri Avenues Pvt. Ltd. had complied the above norms thereby Current Account was opened in Adarshnagar Branch. I had seen all the documents connected to opening Current Account by Shiri Avenues Pvt. Ltd. during my visit on 04.03.2011, he is shown a copy of articles of association of M/s. Shiri Avenues Pvt. Ltd. which enables two of its Directors to pass any resolution of its Board since it is stated that minimum quorum of two members.
We did not give prior intimation to M/s. Suraj Impex of our proposed visit on 23.03.2011, witness adds, we wanted to visit the office all of a sudden and we did not prepare any proceedings while leaving our office.
I do not know if our bank has made a claim against M/s. Suraj Impex for Rs.1.75 crores either by issuing notice demanding to pay the amount, we did not take A1 along with us on 23.03.2011 when we visited M/s. Suraj Impex.
By 04.03.2011, our Regional Office did not have information relating to Ex.P10 cheque from Opera House Branch, Mumbai, witness adds that they had information from Opera House Branch, Mumbai with regard to Ex.P10 transactions before they visited Adarshnagar Branch on 04.03.2011.
I do not know the date when Adarshnagar Branch was closed for its business operations. It is true transfer orders will be served on the staff members when they were transferred from one branch to another branch and he do not know that five staff members from Adarshnagar Branch, Hyderabad were shifted to Himayatnagar Branch, Hyderabad during January, 2010.
P44 C.C.No.7 of 2012 I cannot say if it not possible to run a branch with a Branch Manager and a Cashier when the sanctioned staff strength of the branch is 8. I do not remember if fax copy of Ex.P10/cheque was forwarded to Opera House Branch, Mumbai by Regional Office, Hyderabad.
I do not know if A5 has received a call from Opera House Branch, Mumbai to sent a copy of Ex.P10/cheque to it on 07.03.2011 and he had sent it from New MLA Quarters Branch, Hyderabad to Opera House Branch, Mumbai since there was no such facility in Adarshnagar Branch on account of disconnection of STD facility and fax facility from January, 2010.
PW.27 denied the suggestion that he did not visit Bank of Baroda, Adarshnagar Branch in connection with Ex.P10 transactions nor conducted enquiry and also denied the suggestion that he cannot identify the hand writings of A5 nor acquainted with it and his statement that Ex.P10/cheque was filled up by A5 is false.
Evidence of Split up case and Hostile Witness:
36.1. Ex.P82 is the part of Section 161 Cr.P.C. statement of PW.29 who deposed about A6 and
A8. Case against A6 is split up and re-numbered as C.C.No.15/2016, case against A8 is split up and re-numbered as C.C.No.11/2021.
36.2. PW.31 is a hostile witness, his part of Section 161 Cr.P.C. statement is marked Ex.P83, he denied that he stated to CBI that A1 has accompanied him to Goa and Vijayawada and that
A1 has paid him Rs.14,000/-, he gave his ATM card to A4 which was used during the period from April, 2011 to September, 2011 and that A4 informed him that his father was depositing the amounts in his account, the total deposit is Rs.4.50 lakhs and that he got Rs.25.00 lakhs from A4.
SANCTION ORDER to prosecute A5:
37. PW.33 accorded sanction to prosecute A5 under Ex.P84/sanction order after going through the copy of FIR, statement of witnesses, internal investigation report of Zonal Office,
Vigilance Report, which bears his signature and he is competent to remove A5 from service while holding the office. A5 reported no cross-examination.
Evidence of Investigating Officer/PW.34:
38.1. PW.34 is the investigating officer in the case, Ex.P85/FIR is registered on 28.03.2011 by then SP, CBI/SCB/Chennai under different section of IPC and PC Act, against A1, M/s. Suraj
P45 C.C.No.7 of 2012
Impex, Hyderabad, A3, A4, unknown private persons and officials of the bank. He has conducted the search in the house of A2 on 13.04.2011 in the presence of independent witnesses and Ex.P86 is the search record, Ex.P87 is the search list prepared in Ex.P86 context which bears his signature, signatures of mediators as well as A2, on the same day he also conducted search in the office of A2 at Madhapur, Hyderabad and prepared search list under
Ex.P88 and seized seven documents. On 26.04.2011 he carried search in the residence of A3 at
Secunderabad and collected documents along with records under Ex.P89 and also prepared search list under Ex.P90 which bears his signature and signatures of mediators and A3. On 28.04.2011 he searched the residence of PW.18 at Banjara Hills, Hyderabad and prepared search record under Ex.P91. Ex.P48 is the search list. On 05.05.2011 he carried search in the house of A5 at Malkajgiri, Hyderabad and prepared search record under Ex.P92 and also prepared search under Ex.P93 in the presence of mediators and A5. On 19.05.2011 he searched the residence of A1 at Kukatpally, Hyderabad, seized two documents and prepared search record under Ex.P94 and also prepared search list under Ex.P95. On 20.05.2011 he searched the residential premises of A5 at Safilguda, Hyderabad, seized documents and prepared search record under Ex.P96 and search list under Ex.P97. He collected Ex.P98 and
Ex.P99 attendance registers from Bank of Baroda, Adarshnagar Branch, Hyderabad and also collected original cash receipts and payment book for the period from 10.12.2010 to 09.03.2011 from Senior Manager, Chikkadpally Branch, Bank of Baroda, Hyderabad under Ex.P100. On 04.03.2011 he collected RTGS credit challan of Axis Bank, Madhapur Branch in favour of Suraj
Impex for Rs.2.00 lakhs under Ex.P101 and he received Ex.P12/original agreement of sale dt.03.03.2011 from A4 under a receipt memo (Ex.P102). He also received Ex.P103/cheque of
Bank of Baroda, Opera House Branch, Mumbai dt.02.02.2011 for Rs.5283.66 ps. pertaining to
Account bearing No.04090100009964 bearing cheque No.031084 and also received a request letter of Apoorva A. Shah under Ex.P104. Ex.P105 is the pay-in-slip of Ex.P104.
P46 C.C.No.7 of 2012 38.2. PW.34 further deposed that Ex.P106 is the certified copy of statement of PW.8 recorded under Section 164(1) Cr.P.C. dt.17.01.2012. Ex.P107 is the original statement of PW.8. Ex.P108 is the certified copy of Section 164(1) Cr.P.C. statement of PW.1 recorded on 17.01.2012 and its original statement is Ex.P109. Ex.P110 is the screen shots of the accounts relating to Shiri
Avenues Pvt. Ltd. and of Ashwin Kumar Sumanlal Mehta, during investigation he recorded the statements of LWs. He collected copies of circulars dt.03.09.2011 of Bank of Baroda in respect of revision in guidelines/intersol transfer transactions. His investigation revealed that A6 abused his officials position, fraudulently removed two blank cheques with the help of A9, A8 has forged the cheque number 353530 and also forged the account number as 04090100001282, handed over the same to A2 through A9 that was ultimately encashed at Bank of Baroda,
Adarshnagar Branch, Hyderabad.
38.3. Further investigation revealed that A5 has abused his official position and has done undue favour to the accused by taking part in the case for pecuniary benefits, cheated Bank of
Baroda, Adarshnagar Branch, Hyderabad by causing loss of Rs.3.25 crores and corresponding gain to themselves. He collected CCTV footage under MO.1, PW.29 has stated before him as in
Ex.P82 and PW.31 stated before him as in Ex.P83. He obtained specimen hand writings and signatures of A1 and A5 in presence of mediators, also obtained specimen signatures of PW.7,
PW.19, obtained specimen signatures of A2 and A3 in presence of the witnesses and the accused are liable to be punished according to law for the offences they are charged with. In his cross-examination he stated as under:
It is true M/s. Shiri Avenues Pvt. Ltd. is an incorporated company and is doing business in building constructions and during the relevant period the company had developed a residential apartment at Yapral. It is true that an agreement was entered into for purchase of flats between the company and another persons and I have seized the agreement during the course of investigation.
A1 on behalf of Shiri Avenues Pvt. Ltd. has sold number of residential flats to third parties and as per Ex.P12/purported agreement of sale dt.03.03.2011, it is stated at clause 4 that the purchasers have absolute right to take any decision whatsoever in respect of respective apartments booked by them including to rescind the agreement partly to the extent of their respective apartments, witness adds, Ex.P12 is found to be false as per his investigation.
P47 C.C.No.7 of 2012 It is true Sri G.Krishna Reddy is one of the Directors of M/s. Shiri Avenues Pvt. Ltd. and Ex.D3 is the agreement of completion of construction of flat dt.16.01.2011 between M/s. Shiri Avenues Pvt. Ltd. represented by A1 and Sri Praneesh Bobji Gajula and he cannot say that Krishna Reddy attested the sale deed as a witness.
PW.19 and PW.20 are also the Directors of M/s. Shiri Avenues Pvt.Ltd. and they filed Writ Petition No.7560/2012 before the High Court at Hyderabad in discharge of loan due to State Bank of India and to defreeze the account of the company. It is true as per my investigation, PW.8 had met A2 on 28.02.2011, it is true that till A1 had met A2 he never had any acquaintance, relationship or friendship with him/A2.
It is true the account in Bank of Baroda, Adarshnagar Branch, Hyderabad was opened on 17.02.2011. M/s. Shiri Avenues Pvt. Ltd. has memorandum and articles of association, resolution passed by the Board should be submitted to Registrar of Companies and I did not collect any record from the office of Registrar of Companies.
It is true since I did not collect copies of resolution of the company from Registrar of Companies, I cannot say the nature of resolutions passed by the company. I did not collect copy of resolution dt.01.01.2011 filed along with W.P.No.7560/2012 from the office of ROC, Hyderabad. It is true as per the above resolution, A1 was prohibited from executing sale deeds in favour of third party.
A cancellation deed was executed by A1 representing M/s. Shiri Avenues Pvt. Ltd. in favour of PW.7 and A2 after purported execution of Ex.P12, witness adds, even the cancellation deed is a false document and he did not file the cancellation deed along with the charge sheet. It is true that at the time of setting up M/s. Shiri Avenues Pvt.Ltd. A1 has mortgaged his personal property worth Rs.1.50 crores to avail the loan from State Bank of India and no other directors of the company had furnished similar security.
Ex.P18 to Ex.P20 cheques bears the signature of the person who encashed the cheques and received the cash thereunder. It is true I did not investigate as to who were the persons received cash upon encashing Ex.P18 to Ex.P20 cheques, Ex.P18/ cheque is self cheque issued by A1 and my investigation did not reveal the identity of the person who had in fact received the cash.
I did not examine the concerned bank employee to whom Ex.P18/cheque was presented for encashment, witness adds, he examined PW.14, who was the Head Cashier, who disbursed cash under Ex.P18.
Ex.P1/complaint and Ex.P85/FIR were received by me on 28.03.2011 at Chennai Office, as per Ex.P85/FIR, M/s. Shiri Avenues Pvt. Ltd./A1, M/s. Suraj Impex, Hyderabad/A2, Sri Suresh Naidu/A3 and Sri C.Madhusudhan Rao/A4, unknown private persons and officials of Bank of Baroda are shown as accused.
I recovered original counterfoils of RTGS favouring Suraj Impex bearing Account No.704496633 relating to Bank of Baroda, Adarshnagar Branch, Hyderabad for Rs.1.75 crores covered by Ex.P87 involving A1 and A2. It is true during the search of the premises of A2 he has found the documents covered by Ex.P88/search list, on that day he learnt that there were transactions between A2 and PW.8 and A2 and PW.23. I did not seize the books of accounts from the office of A2.
It is true PW.18 had Mercedes Benz Car and that it was given to A2, it is true that during the course of investigation it is revealed that PW.8 and Munawar Khan/A7 are friends to A2. A3, A4 and A5 are not friends to A2. During the searches covered by Ex.P87 and Ex.P88 at the residence and office premises of A2 he did not find any correspondence between A2 on one hand and A8 and A9 on the other hand.
P48 C.C.No.7 of 2012 I arrested A2 on 13.04.2011 in connection with the case and PW.8 surrendered
before me in the month of December, 2011 in view of the orders of anticipatory bail.
It is true I recorded the statement of PW.8 on 07.12.2011 under Section 161 Cr.P.C., during that time I came to know about Sri Munawar Khan and Sri Mustafa, he examined Mustafa under Section 161 Cr.P.C. and recorded his statement.
Munawar Khan/A7 is a friend of PW.8, Ex.P10/cheque was filled up by A5. As per my investigation, Munawar Khan/A7 was present when A1 had drawn the amounts from Bank of Baroda, Adarshnagar Branch, Hyderabad. It is true that all the amounts out of Rs.3.25 crores were drawn from Bank of Baroda, Adarshnagar Branch, Hyderabad by A1.
It is true that the cheque by which RTGS transfer of Rs.1.75 crores was made to the account of A2 at Indian Bank, Srinagar Colony Branch, Hyderabad was signed by A1. PW.8 gave the same version before learned Magistrate under Section 164 Cr.P.C. which he gave to me when I examined him under Section 161 Cr.P.C.
It is true PW.8 was tendered pardon on 22.03.2011 and he did not arrest PW.8
before his statement is given under Section 164 Cr.P.C. to the Magistrate.
I did not receive any written instructions from my superiors to investigate the case, I acted upon Ex.P1/complaint of PW.1, Ex.P1 was received by SP, SCB, Chennai and it was given to him along with Ex.P85/FIR and he cannot say how Ex.P1 was received by SP, SCB, CBI, Chennai either by post or in person from PW.1.
As per my investigation, cheque number and account number in Ex.P10 have been altered, according to my investigation last four digits, namely, 1282 out of entire account number on Ex.P10, namely, 04090100001282 stood altered and he cannot say specifically what were the digits that stood in Ex.P10 and its account number prior to converting the last four digits to 1282, witness adds, alteration and conversion is visible on Ex.P10.
I observed during my investigation that entire cheque number in Ex.P10 is also altered, the cheque appearing in Ex.P10 now is 353530 and I cannot say the previous position of Ex.P10. It is true that my investigation revealed that Ex.P10/cheque did not represent the instrument namely, cheque bearing No.353530.
I collected the specimen signature card of Ashwin Mehta/PW.6 and it is not an account of HUF. I did not verify and check the vehicles numbers used to go to Chest Branch at Hyderabad from Bank of Baroda, Adarshnagar Branch, Hyderabad. A3 and A4 were physically present on 04.03.2011 in Bank of Baroda, Adarshnagar Branch when they presented two cheques for Rs.25.00 lakhs each (Ex.P19 and Ex.P20).
I did not go through the bank of instructions of Bank of Baroda during my investigation, so also I do not remember if I have gone through KYC norms. I was not present on 04.03.2011 when PW.13 verified the balance amount in the Current Account of Shiri Avenues Pvt. Ltd. and I did not examine the disputed instruments concerned to this case subjecting them to ultraviolet light test.
PW.34 denied the suggestion that his statement that Ex.P12 is found to be false, is imaginary and false which is not substantiated by any evidence and also denied the suggestion that Ex.P52/Board Resolution used for opening a Current Account in Bank of Baroda, Adarshnagar Branch, Hyderabad is genuine and it was signed by the concerned Directors of the company, also denied the suggestion that he did not collect any documentary evidence during investigation to prove the presence of A1 in Bank of Baroda, Adarshnagar Branch, Hyderabad on 04.03.2011.
PW.34 denied the suggestion that he did not collect any documentary evidence to prove that A1 was benefited in all the transactions on account of disbursement of money and A1 is nothing to do with the alleged offence, he also denied the
P49 C.C.No.7 of 2012 suggestion that A1 did not create or fabricate any documents concerned to the case and that he is falsely implicated.
PW.34 denied the suggestion that PW.8 is one of the conspirators along with A1, A3, A4, A5, A7 and others and he induced PW.8 to make statement under Section 164 Cr.P.C, threatening him that he will array him as an accused in the case. He also denied the suggestion that taking undue advantage of searches carried out at the residence and office of A2 on 13.04.2011, he purposefully added A2 as one of the accused in the case even though there is no material against him.
PW.34 denied the suggestion that he made use of the business dealings of A2 with PW.18 and PW.23 as circumstances to implicate A2 in the case and that his investigation is perfunctory and did not reveal any material against A2.
39.1. It is an admitted fact that M/s. Shiri Avenues Pvt. Ltd. represented by its five Directors have obtained loan from State Bank of India, SMECC, Hyderabad under Ex.P55. As per Ex.P55, the Directors are five in number whose names are referred supra in para No.30.1. A1 while opening an account in Bank of Baroda, Adarshnagar Branch, Hyderabad in the name of
M/s. Shiri Avenues Pvt. Ltd. has submitted Ex.P52/Board Resolution which goes to show that only three of the Directors have signed thereon. PW.19/L.Sudarshan is one of the Director of
M/s. Shiri Avenues Pvt. Ltd., his evidence is to the extent that A1 did not inform him about the opening of account in Bank of Baroda, Adarshnagar Branch, Hyderabad and he denied his signature on Ex.P52, his specimen signatures are Ex.P53. PW.20 is also one of the Director to
M/s. Shiri Avenues Pvt. Ltd. and he denied the Board Resolution passed by the company under
Ex.P52, A1 has not informed him or the other Directors that he is opening an account on behalf of the company in Bank of Baroda, Adarshnagar Branch, Hyderabad, his specimen signatures are under Ex.P54.
39.2. Q20, Q51 and Q52 are the questioned documents (in Ex.P52/Board Resolution dt.14.02.2011), S10, S10/1 to S10/5 are the standard signatures of PW.20. S11, S11/1 to
S11/5 are the standard signatures of PW.19. Standard writings of A1 in Ex.P68 are S12, S12/1 to S12/5 (impersonated writings by A1 pertaining to PW.20), S13, S13/1 to S13/5 (impersonated writings by A1 pertaining to PW.19). PW.26 in Ex.P76/report opined that the person who wrote the blue enclosed signatures stamped and marked as S10, S10/1 to S10/5 (standard signatures of PW.20 in Ex.P54) did not write the red enclosed signature similarly
P50 C.C.No.7 of 2012 stamped and marked as Q51 (signature of PW.20 in Ex.P52/Board Resolution dt.14.02.2011), he also opined that the person who wrote the blue enclosed signature stamped and marked as
S11, S11/1 to S11/5 (standard signatures of PW.19 in Ex.P53) did not write the red enclosed signature similarly stamped and marked as Q52 (signature of PW.19 in Ex.P52/Board Resolution dt.14.02.2011). The evidence of PW.19, PW.20 coupled with the evidence of PW.26 and his report under Ex.P76 goes to show that A1 has fabricated Ex.P52/Board Resolution dt.14.02.2011 to open an account in Bank of Baroda, Adarshnagar Branch, Hyderabad.
39.3. The disputed writings in Ex.P22/account opening form of M/s. Shiri Avenues Pvt. Ltd. at
Bank of Baroda, Adarshnagar Branch, Hyderabad are marked as Q1 to Q3, Q5 to Q14 and Q56, the signatures of A1 on the account opening form are marked as Q19, Q55, Q59 and the signature in Ex.P14/deposit slip with red pen is marked as Q4, the disputed writings in Ex.P10 are marked as Q17 (i.e. the writings in the pay column, rupees column in words and figures i.e.
Rs.3.25 crores and date as 03.03.2011), the disputed writings in Ex.P18/cheque dt.04.03.2011 for Rs.50.00 lakhs is marked as Q18 (i.e. the writings in the pay column, rupees column in words and figures). The standard signatures and writings of A5 are S1, S1/1 to S1/5, S2, S2/1 (in Ex.P65), S14, S14/1 to S14/5 (Ex.P69), S16, S16/1 to S16/5 (Ex.P71) are sent by PW.34 for expert opinion. PW.26 in his opinion under Ex.P76 opined at point No. 7 that “The person who wrote the blue enclosed writings stamped and marked S1, S1/1 to S1/5, S2, S2/1, S14, S14/1 to S14/5, S16 and S16/1 to S16/5 also wrote the red enclosed writings similarly stamped and marked as Q1 to Q3 (Ex.P22), Q4 (Ex.P14), Q11 to Q14 (Ex.P22), Q17 (Ex.P10/cheque writings in words and figures), Q18 (Ex.P18/cheque writings in words and figures)”. It is proved through the evidence of PW.26 that A5 has written the above questioned documents.
39.4. Coming to Ex.P10/cheque dt.03.03.2011 for Rs.3.25 crores, the questioned signature of
PW.7 are marked as Q50 and the rubber stamp number 04090100001282 is marked as Q57 and the cheque No.353530 in Ex.P10 is marked as Q58. The questioned signatures of PW.7 in
Ex.P11/agreement dt.03.03.2011 are marked as Q44 to Q49. The standard signatures of PW.7
P51 C.C.No.7 of 2012 are marked as S9, S9/1 to S9/5 (Ex.P13) and admitted writings of PW.7 are marked as A1 (Ex.P4), A2 (Ex.P3) and A3 (Ex.P5). PW.26 in his opinion under Ex.P76 opined that there are marks of alteration in the red enclosed portions marked as Q57 and Q58, but the original figures if any could not be deciphered, he further opined at point No.2 that “The person who wrote the blue enclosed signatures stamped and marked as S9, S9/1 to S9/5, A1 to A3 (Ex.P13) did not write the red enclosed signatures similarly stamped and marked as Q44 to
Q49 (Ex.P11/agreement dt.03.03.2011) and Q50 (signature in Ex.P10/cheque).” It is evident from the record that PW.7 has not signed Ex.P10/cheque for Rs.3.25 crores dt.03.03.2011 and Ex.P11/agreement dt.03.03.2011, which is fortified with the evidence of
PW.26 coupled with Ex.P76/opinion and the oral evidence of PW.6 and PW.7. Hence, Ex.P10 and Ex.P11 are fabricated documents.
39.5. The standard signatures and writings of A1 are marked as S3, S3/1 to S3/5, S4, S4/1 to
S4/3 (Ex.P66), S15, S15/1 to S15/5 (Ex.P70), he has also written the red enclosed writings similarly stamped and marked as Q19 (signature of A1 in Ex.P22/account opening form), Q20 (signature of A1 in Ex.P52/Board Resolution), Q21 (signature of A1 in Ex.P21/pay-in-slip), Q22 (signature of A1 in Ex.P17/RTGS application for transfer of Rs.1.75 crores in the account of A2),
Q23 (signature of A1 in Ex.P15/self cheque for Rs.50.00 lakhs), Q24 (signature of A1 in
Ex.P16/self cheque for Rs.1.75 crores), Q25 (signature of A1 in Ex.P19/cheque for Rs.25.00 lakhs in favour of Madhusudhan Rao/A4), Q26 (signature of A1 in Ex.P18/self cheque for
Rs.50.00 lakhs), Q27 (signature of A1 in Ex.P20/cheque for Rs.25.00 lakhs in favour of Suresh
Naidu/A3), Q28 to Q33 (signatures of A1 in Ex.P11/agreement of sale dt.03.03.2011), Q34 (signature of A1 in Ex.P19/cheque on the reverse side), Q35 (signature of A1 in Ex.P18/cheque on the reverse side), Q36 (signature of A1 in Ex.P20/cheque on the reverse side), Ex.P37 (signature of A1 in Ex.P15/cheque on the reverse side), Q38 (signature of A1 in Ex.P16/cheque on the reverse side), Q40 (signature of A1 in Ex.P15/self cheque on the reverse side), Q55 and
P52 C.C.No.7 of 2012
Q59 (signatures of A1 in Ex.P22/account opening form), which is supported with the evidence of PW.26 and Ex.P76/report.
39.6. The standard signatures and writings of A3 are S5, S5/1 to S5/5, S6, S6/1, S6/2, S7,
S7/1 to S7/5, S8, S8/1 to S8/5 (Ex.P67) also wrote red enclosed writings similarly stamped and marked as Q41 (signature of A3 on the reverse of Ex.P20/cheque for Rs.25.00 lakhs in his favour), Q42 (writings in words and figures and date portion in Ex.P19), Q43 (writings in words and figures and date portion in Ex.P20). The evidence of PW.26 coupled with Ex.P76/report supports the same.
39.7. The standard signatures of A4 are taken as S20, S20/1 to S20/4 (Ex.P74) and he did not write the red enclosed signature similarly stamped and marked as Q60 (signature on the reverse of Ex.P19/cheque dt.04.03.2011 for Rs.25.00 lakhs). The signatures of PW.11 are taken as S21, S21/1 to S21/4 (Ex.P75), did not write the red enclosed signatures similarly stamped and marked as Q61 (signature on the reverse of Ex.P18/cheque dt.04.03.2011 for Rs.50.00 lakhs). The same is supported with the evidence of PW.26 coupled with Ex.P76/opinion dt.28.02.2011.
40.1. Ex.P2 is the circular issued by Operations and Service Department, Head Office, Baroda on 03.09.2010 to all the branches/offices in India. The Advisory No.3 is as under:
“3. Officers at Non-base branch can pass inter-sol transfer transaction up to Rs.50000/- only.
Passing of Inter-sol transfer cheques / transaction of amount exceeding, Rs.50000/- at non-base branch having either drawer‟s account or payee‟s account will be allowed by officers having BH or BH1 powers.” 40.2. At page 2 of the circular it is stated that “However, before passing large value cheques through Inter-sol transfer transaction, preventive vigilance measure such as contacting the base branch to ascertain genuineness of the cheque / transaction should be taken as advised earlier.”
P53 C.C.No.7 of 2012 40.3. PW.2 deposed about Ex.P2 and he stated that A5 did not follow the above circular in the case. On careful perusal of the circular i.e. Ex.P2, banks all over India were given instructions to prevent the frauds committed at different branches in various zones to plug the loopholes in Inter-sol transactions in order to arrest the frauds perpetrated through presentation fake/stolen cheques at non-base branches. Coming to the case on hand, PW.1 admitted in her cross-examination that by the date of fraud there is no SMS alert system. Even otherwise,
Ex.P10/cheque is of Rs.3.25 crores, A5 was bound to follow the circular issued by Head Office,
Baroda under Ex.P2, but he has not done so, the amount was withdrawn from the joint account of PW.6 and PW.7 and was diverted through different accounts of A2 to A4.
41. The evidence of PW.6 and PW.7 coupled with the evidence of PW.26 and Ex.P76/report dt.28.02.2012 goes to show that PW.7 has not signed on Ex.P10/cheque and Ex.P11/agreement and they are forged documents, which is also discussed at para No.39.4 supra.
42. The evidence of PW.8 coupled with his Section 164 Cr.P.C. statement under Ex.P107 and the evidence of PW.11 coupled with his Section 164 Cr.P.C. statement under Ex.P109 goes to show the modus operandi of diverting the funds covered by Ex.P10/cheque for Rs.3.25 crores under Ex.P15, Ex.P16, Ex.P18 and Ex.P19, the admissions made by PW.8 and PW.11 in their cross-examination are minor in nature that will not destroy the entire case of prosecution, taking into consideration the totality of circumstances, the evidence of PW.8 and Ex.P11 is important to the case of prosecution to prove the diversion of funds under Ex.P15, Ex.P16,
Ex.P18, Ex.P19 by the accused.
43. The evidence of PW.13 goes to show that A5 has filled the contents of Ex.P10/cheque and the amount covered by it was transferred to the account of M/s. Shiri Avenues Pvt. Ltd. and he has passed Ex.P16/cheques for Rs.1.75 crores, Ex.P18/cheque for Rs.50.00 lakhs and Ex.P19 and Ex.P20 cheques for Rs.25.00 lakhs each. PW.14 has also deposed that Ex.P18 cheque for
P54 C.C.No.7 of 2012
Rs.50.00 lakhs was presented in Adarshnagar Branch, Hyderabad by A1 on 04.03.2011 and
Ex.P19 and Ex.P20 cheques were issued in favour of A4 and A3 for Rs.25.00 lakhs each. PW.16 has also deposed that Ex.P10 hand writings are that of A5, also deposed about Ex.P15 and
Ex.P16 cheques and the encashment and transfer of amount in the bank. PW.27 also deposed that the contents of Ex.P10 were filled up by A5 which was debited in the account of M/s. Shiri
Avenues Pvt. Ltd. on 03.03.2011 and also spoke about transfer of Rs.1.75 crores in the account of Suraj Impex pertaining to A2, also deposed about the withdrawal of cash under Ex.P15 on 03.03.2011 and withdrawal of cash by Shiri Avenues Pvt. Ltd. by Ex.P18 on 04.03.2011, cheques covered by Ex.P19 and Ex.P20 for Rs.25.00 lakhs each in favour of A4 and A3 on 04.03.2011. The amounts were diverted within two days of debiting Rs.3.25 crores under
Ex.P10/cheque by different modes by the accused.
44. PW.21 and PW.27 are the bank employees and their evidence supports the case of the prosecution about Ex.P10, Ex.P15, Ex.P16, Ex.P18 to Ex.P20. The evidence of PW.18 is also important to the case of prosecution about the transfer of Rs.60.00 lakhs from the company account of A2 to the company account of PW.18 and withdrawing of cash of Rs.50.00 lakhs on 04.03.2011 wherein A2 has collected the above said amount in the Teller counter at Barclays
Bank, Banjara Hills, Hyderabad which is evident in MO.1 (Folder 4, Friday, dt.04.03.2011 from hrs. 15:12:04 to 15:14:56 hrs.). The evidence of PW.23 and Ex.P30 are in respect of giving hand loan to A2 and transfer of funds from the company account of A2 to their accounts.
45. On perusal of Section 164 Cr.P.C. statement of PW.8 under Ex.P107, whereunder he has clearly deposed about the modus operandi of deposit of Ex.P10/cheque dt.03.03.2011 for
Rs.3.25 crores and withdrawal of cash from the account of M/s. Shiri Avenues Pvt. Ltd. from
Bank of Baroda, Adarshnagar Branch on 03.03.2011 and 04.03.2011 and transfer of Rs.1.75 crores to the company account of A2. Section 164 Cr.P.C. statement of PW.11 under Ex.P109 goes to show that he has lent an amount of Rs.3.00 lakhs towards hand loan to A4 in the year 2003, his statement further goes to show that on 03.03.2011 he has received an amount of
P55 C.C.No.7 of 2012
Rs.1.00 lakh from Madhu and he was informed by A4 to come on the next day i.e. 04.03.2011 to the bank (Bank of Baroda, Adarshnagar Branch, Hyderabad) to collect the remaining balance amount and A4 gave two cheques to A3 for withdrawal and A3 has withdrawn Rs.50.00 lakhs through the said two cheques. Ex.P107 and Ex.P109 statements of PW.8 and PW.11 supports the case of the prosecution in its entirety. A4 counsel has suggested to PW.1 that Rs.3.25 crores was withdrawn due to bank‟s technical problem, which is not the case of the accused.
46.1. Ex.D1 is the portion of Section 164 Cr.P.C. statement of PW.11 i.e. “Suresh gave the said amount to Madhu at a hotel at Tank Bund, from the said amount of Rupees fifty lakhs
Madhu gave an amount of Rs.3,00,000/- and send me away saying that he has cleared off the amount.” Ex.D2 is the portion of Section 161 Cr.P.C. statement of PW.19 i.e. “I asked the
Manager as to how the account was closed without our concern for which he told that they will contact us shortly.” Ex.D3 is the agreement for completion of construction of Flat No.502 in 5th
Floor at Sri. CBR Krishnaveni Estates situated at Yapral Village dt.16.11.2011. As per Ex.D3, agreement is dated 06.01.2011 i.e. much prior to the alleged Ex.P11/agreement dt.03.03.2011.
Ex.D1 to Ex.D3 are not much helpful to the case of the accused by taking into consideration the totality of the evidence adduced by the prosecution.
46.2. Insofar as the decision cited by A5 counsel, the facts in B.Jayaraj‟s(1) case is relating to
Section 7 of P.C. Act, whereunder the accused alleged to have demanded bribe while discharging his official duties, the facts in the above decision and the facts in the present case are not one and the same, hence the decision is not applicable to the case on hand.
46.3. The facts in P.K.Narayanan‟s(2) case is relating to death of one Peethambaram whereby
A1 to A4 were tried before the III Additional Sessions Judge, Ernakulum for the offences under
Section 120-B, 323, 326, 302 and 201 of IPC. Trial Court convicted A1 under Section 120-B r/w 302 of IPC and also convicted A2 and A3 under Section 302 r/w 120-B of IPC and sentenced each of them to undergo imprisonment for life. On appeal before the Hon‟ble High
P56 C.C.No.7 of 2012
Court, A3 was acquitted and confirmed the sentences of A1 (P.K.Narayanan) and A2 (V.V.Saleem @ Sasi). A1 and A2 filed appeal before the Hon‟ble Supreme Court whereunder the Hon‟ble
Supreme Court observed that prosecution has failed to establish the guilt of A1 and A2 and set aside the convictions by allowing the appeal. Coming to the case on hand, the present case is forging of Ex.P10/cheque and withdrawal of amount from the account of PW.7, the facts in the above the decision and the facts in the present case are not one and same and the decision cited by A5 counsel is not applicable to the case on hand.
46.4. The facts in N.Srinivasan‟s(3) case are in respect of quashing the proceedings in
C.C.No.24/2013 on the file of Principal Special Judge for CBI Cases, Hyderabad for the offences under Section 120-B r/w 420, 409, 477-A of IPC and Section 13(1)(c) & (d) of P.C. Act, 1988.
The facts in the above decision are in respect of quashing of CC which has no relevancy to the case on hand and the same is not applicable to the facts of the case.
46.5. The facts in Abdulla Mohammed Pagarkar‟s(4) case are in respect of execution of deepening and widening the Kumbarjua Canal which connects river Zuari with river Mandovi and irregularities in execution of work contract carried out by the contractor, the decision cited by A5 counsel is not applicable to the case on hand as the present case is pertaining to forging of Ex.P10/cheque and withdrawal of amount from the account of PW.7.
47. The admissions made by PWs in their cross-examination are minor in nature, which cannot take away the entire case of the prosecution. On scrutiny of the evidence of PW.1 to
PW.35 coupled with Ex.P1 to Ex.P110 and in view of my reasons above in para Nos.39 to 45 supra, prosecution could able to prove the charges against A1 to 5 for the offences under
Section 120-B, 420 of IPC, against A1 and A2 for the offences under Section 468 of IPC and against A1 for the offence under Section 471 of IPC. Apart from the above offences, prosecution has also proved the charges against A5 for the offence under Section 13(2)
P57 C.C.No.7 of 2012 r/w Section 13(1)(d) of P.C. Act beyond reasonable doubt and they are convicted under Section 248(2) Cr.P.C.
Typed to my dictation, corrected and pronounced by me in the open Court on this the 31st day of March, 2022. Digitally signed by B
B RR MADHUSUDHAN
MADHUSUDHANRAO
RAODate: 2022.03.31 13:13:16 +0530
PRINCIPAL SPECIAL JUDGE
FOR CBI CASES, HYDERABAD.
48.1. A1 is heard in respect of sentence and he stated that he will file appeal, he did not commit any offence and he is a victim in the case, prayed to take a lenient view.
48.2. Taking into consideration the facts and circumstances of the case, if A1 is sentenced to undergo rigorous imprisonment for three (3) years and to pay a fine of Rs.25,000/- (Rupees twenty five thousand only), in default simple imprisonment for fifteen (15) days in respect of a charge under Section 120-B of IPC; if he is further sentenced to undergo rigorous imprisonment for three (3) years and to pay a fine of Rs.25,000/- (Rupees twenty five thousand only), in default simple imprisonment for fifteen (15) days in respect of a charge under Section 420 of
IPC; if he is further sentenced to undergo rigorous imprisonment for three (3) years and to pay a fine of Rs.25,000/- (Rupees twenty five thousand only), in default simple imprisonment for fifteen (15) days in respect of a charge under Section 468 of IPC; and if he is further sentenced to undergo rigorous imprisonment for three (3) years and to pay a fine of Rs.25,000/- (Rupees twenty five thousand only), in default simple imprisonment for fifteen (15) days in respect of a charge under Section 471 of IPC, it shall meet the ends of justice.
49.1. A2 is heard in respect of sentence and he stated that his business is collapsed and suffering financially for the past 10 years, he did not commit any offence, the amount received by him is a legal amount, prayed to take a lenient view.
P58 C.C.No.7 of 2012 49.2. Taking into consideration the facts and circumstances of the case, if A2 is sentenced to undergo rigorous imprisonment for three (3) years and to pay a fine of Rs.25,000/- (Rupees twenty five thousand only), in default simple imprisonment for fifteen (15) days in respect of a charge under Section 120-B of IPC; if he is further sentenced to undergo rigorous imprisonment for three (3) years and to pay a fine of Rs.25,000/- (Rupees twenty five thousand only), in default simple imprisonment for fifteen (15) days in respect of a charge under Section 420 of
IPC; and if he is further sentenced to undergo rigorous imprisonment for three (3) years and to pay a fine of Rs.25,000/- (Rupees twenty five thousand only), in default simple imprisonment for fifteen (15) days in respect of a charge under Section 468 of IPC, it shall meet the ends of justice.
50.1. A3 is heard in respect of sentence and he stated that he did not commit any offence and he do not know the subject of the case, prayed to take a lenient view.
50.2. Taking into consideration the facts and circumstances of the case, if A3 is sentenced to undergo rigorous imprisonment for three (3) years and to pay a fine of Rs.25,000/- (Rupees twenty five thousand only), in default simple imprisonment for fifteen (15) days in respect of a charge under Section 120-B of IPC; and if he is further sentenced to undergo rigorous imprisonment for three (3) years and to pay a fine of Rs.25,000/- (Rupees twenty five thousand only), in default simple imprisonment for fifteen (15) days in respect of a charge under Section 420 of IPC, it shall meet the ends of justice.
51.1. A4 is heard in respect of sentence and he stated that he has committed the offence on the premise that he will receive commission, he has family who are depending on him and he sustained loss in real estate business, prayed to take a lenient view.
51.2. Taking into consideration the facts and circumstances of the case, if A4 is sentenced to undergo rigorous imprisonment for three (3) years and to pay a fine of Rs.25,000/- (Rupees twenty five thousand only), in default simple imprisonment for fifteen (15) days in respect of a
P59 C.C.No.7 of 2012 charge under Section 120-B of IPC; and if he is further sentenced to undergo rigorous imprisonment for three (3) years and to pay a fine of Rs.25,000/- (Rupees twenty five thousand only), in default simple imprisonment for fifteen (15) days in respect of a charge under Section 420 of IPC, it shall meet the ends of justice.
52.1. A5 is heard in respect of sentence and he stated that he did not commit any offence knowing fully well, prayed to take a lenient view.
52.2. Taking into consideration the facts and circumstances of the case, if A5 is sentenced to undergo rigorous imprisonment for three (3) years and to pay a fine of Rs.25,000/- (Rupees twenty five thousand only), in default simple imprisonment for fifteen (15) days in respect of a charge under Section 120-B of IPC; if he is further sentenced to undergo rigorous imprisonment for three (3) years and to pay a fine of Rs.25,000/- (Rupees twenty five thousand only), in default simple imprisonment for fifteen (15) days in respect of a charge under Section 420 of
IPC; and if he is further sentenced to undergo rigorous imprisonment for three (3) years and to pay a fine of Rs.25,000/- (Rupees twenty five thousand only), in default simple imprisonment for fifteen (15) days in respect of a charge under Section 13(2) r/w Section 13(1)(d) of P.C. Act, it shall meets the ends of justice.
53. In the result, A1 to A5 are found guilty for the charge under Section 120-B of IPC, convicted and sentenced to undergo rigorous imprisonment for three (3) years each and to pay a fine of Rs.25,000/- (Rupees twenty five thousand only) each, in default simple imprisonment for fifteen (15) days each; A1 to A5 are further found guilty for the charge under Section 420 of
IPC, convicted and sentenced to undergo rigorous imprisonment for three (3) years each and to pay a fine of Rs.25,000/- (Rupees twenty five thousand only) each, in default simple imprisonment for fifteen (15) days each; A1 and A2 are further found guilty for the charge under Section 468 of IPC, convicted and sentenced to undergo rigorous imprisonment for three (3) years each and to pay a fine of Rs.25,000/- (Rupees twenty five thousand only) each, in
P60 C.C.No.7 of 2012 default simple imprisonment for fifteen (15) days each; A1 is further found guilty for the charge under Section 471 of IPC, convicted and sentenced to undergo rigorous imprisonment for three (3) years and to pay a fine of Rs.25,000/- (Rupees twenty five thousand only), in default simple imprisonment for fifteen (15) days; A5 is further found guilty for the charge under Section 13(2) r/w Section 13(1)(d) of P.C. Act, convicted and sentenced to undergo rigorous imprisonment for three (3) years and to pay a fine of Rs.25,000/- (Rupees twenty five thousand only), in default simple imprisonment for fifteen (15) days under Section 248(2) of Cr.P.C.
All the substantive sentences against A1 to A5 shall run concurrently.
Period of detention of A1 to A5 in judicial custody, if any, shall be set-off against their sentence of imprisonment to the extent applicable under Section 428 Cr.P.C.
MO.1 shall be destroyed after the appeal period is over, unmarked property if any shall be returned to the concern.
Dictated to Stenographer in the open Court, transcribed by him, corrected and pronounced by
me in the open Court on this the 31st day of March, 2022. Digitally signed by B
B RR MADHUSUDHAN
MADHUSUDHANRAO
RAODate: 2022.03.31 13:13:39 +0530
PRINCIPAL SPECIAL JUDGE
FOR CBI CASES, HYDERABAD.
APPENDIX OF EVIDENCE
Witnesses examined on behalf of Prosecution :
PW1 : Smt. Usha Ananthasubramanian, Chairman & Managing Director of Bharatiya Mahila Bank Ltd., New Delhi. PW2 : Sri. Subhasis Chaudhuri, Deputy General Manager, Bank of Baroda, BCC, Mumbai. PW3 : Sri. Subhash Garg, Retd. Chief Manager, Bank of Baroda, Khar Branch, Mumbai. PW4 : Sri. Anil Sridhar Naik, Business, Mumbai. PW5 : Sri. Shankar Prakash Naik, Sr. Officer, Tata Financial Services. PW6 : Sri. Ashwin Sumanlal Mehta, Business, Mumbai. PW7 : Smt. Shobhana A.Mehta, Housewife, Mumbai. PW8 : Sri. Shaik Ehtesham Ali, Business, Hyderabad. PW9 : Sri. Mukesh Shah, Private Service, Mumbai. PW10 : Sri. David Piad Almeida, Civil Contractor, Mumbai. PW11 : Sri. Thumma Raju, Business, Secunderabad. PW12 : Smt. C.Laxmi, Attender, Bank of Baroda, Chikkadpally Branch, Hyd. PW13 : Sri. A.P.V.V.S.Rama Krishna, Joint Manager, Bank of Baroda, Panampilly Nagar
P61 C.C.No.7 of 2012
Branch, Ernakulam. PW14 : Sri. P.Prabhakar Rao, Head Cashier(Retd.), Bank of Baroda. PW15 : Sri. Muralidhar, Retd. Manager(Finance), Access Health International, Hyd. PW16 : Sri. Gunti Sudhir, Bank Manager, Bank of Baroda, Surat. PW17 : Sri. G.V.S.R.Ramakrishna Sarma, Deputy Zonal Manager, Indian Bank, Zonal Office, Hyderabad. PW18 : Sri. Suresh Nukala, Business, Hyderabad. PW19 : Sri. L.Sudershan, Business, Ananthapur. PW20 : Sri. H.Nadeem Ahmed, Business, Ananthapur. PW21 : Sri. K.Subba Reddy, Chief Manager, Zonal Office, Bank of Baroda, Bangalore. PW22 : Sri. B.Y.Phani Raj, Manager, SBI, Veldurthy, Kurnool District. PW23 : Sri. V.Rajeshwar Rao, Travel Business, Hyderabad. PW24 : Sri. K.Krishna Kishore, Agriculture, Tenali. PW25 : Sri. Y.Shiva Teja, Asst. Vice President, Axis Bank. PW26 : Sri. C.Rajesh, Scientist-B/Asst. Govt. Examiner of Questioned Documents, Hyderabad. PW27 : Sri. S.S.Murthy, Retd. Sr. Manager, Bank of Baroda, Regional Office, Hyd. PW28 : Sri. Preetam Powaku, Project Manager, World Tech Solutions Pvt. Ltd., Hyd. PW29 : Sri. Subhash Vishnu Pujari, Rental Agency business, Mumbai. PW30 : Sri. Venkata Lakshmi Narasimha Murthy, Software Business, Guntur. PW31 : Sri. P.Ashok Kumar, Driver, Hyderabad. PW32 : Sri. J.B.Raj Kumar, Programme Manager, Yes Bank Ltd., Mumbai. PW33 : Sri. Ulhas Sangekar, Retd. General Manager, Bank of Baroda. PW34 : Sri. V.Ramesh, Inspector, CBI/SCB, Chennai. PW.35 : Sri K.Nagaraju, Branch Manager, Barclay‟s Bank, Hyderabad.
Witnesses examined on behalf of Defence : None.
Documents marked on behalf of Prosecution :
Ex.P1 : Complaint, dt. 25.03.2011 given by PW1 to the SP, SCB, CBI, Chennai. Ex.P2 : Copy of Circular issued by Bank of Baroda, dt. 03.09.2010 which requires that the base Branch should be contacted, in case amount to be drawn by a cheque is more than Rs.50,000/-, in non-base Branch. Ex.P3 : Account opening form furnished by Mr. Ashwin Kumar Suman Lal Mehta Smt. Shobhana Ashwin Mehta relating to SB A/c. No.04090100001282, dt.15.05.1981. Ex.P4 : Specimen signature card relating to Mr. Ashwin Kumar Suman Lal Mehta, Smt. Shobhana Ashwin Mehta and Mr. Ashish A.Mehta. Ex.P5 : Letter, dt. 15.12.2004, by Mr. Ashwin Kumar Suman Lal Mehta and Smt.Shobhana Ashwin Mehta to Bank of Baroda, Opera House Branch, requesting to add the name of Mr. Ashish A.Mehta to SB A/c. No.04090100001282 as a joint account holder along with them. Ex.P6 : Extract of cheque book issued register of Bank of Baroda, Opera House Branch certified on behalf of Bank of Baroda, Opera House Branch by PW2 bearing his initial on the seals. Ex.P7 : Entry in Ex.P6 - As per entries in Ex.P6-Cheque book with leaves bearing Nos.353521 to 353580 was issued on 16.11.2005 to Mr. A.S.Mehta and it was received by Mr. Keshav on behalf of Mr. A.S.Mehta. Ex.P8 : Specimen signature card relating to A/c. No.01/1283 of Bank of Baroda, Opera House Branch bearing signatures in the names of Smt. Sushila Suman Lal Mehta(mother of PW6), PW6 and of Mr. Shailesh Kumar Suman Lal Mehta (brother of PW6 who is no more).
P62 C.C.No.7 of 2012
Ex.P9 : Specimen signature card of Bank of Baroda, Opera House Branch in the names of Mr. Suman Lal Kalidas Mehta(father of PW6) and of Smt. Sushila Suman Lal Mehta(mother of PW6) relating to Account No.13841. Ex.P10 : Cheque bearing No.353530, dt. 03.03.2011 for Rs.3.25 Crores issued in favour of Shiri Avenues Pvt. Ltd. Ex.P11 : Agreement of sale with M/s. Shiri Avenues Pvt. Ltd., Ameerpet, Hyderabad on 03.03.2011. Ex.P12 : Sale Agreement, dt. 03.03.2011 with M/s. Shiri Avenues Pvt. Ltd., Ameerpet, Hyderabad. Ex.P13 : Specimen signatures of PW7 marked 'S9'. Ex.P14 : Pay-in-slip, dt. 03.03.2011 in the name of Shiri Avenues Pvt. Ltd., for Rs.3.25 Crores. Ex.P15 : Cheque signed by A1 for Rs.50.00 lakhs, dt. 03.03.2011 bearing No.502201 of Bank of Baroda, Adarsh Nagar Branch, Hyderabad. Ex.P16 : Cheque for Rs.1.75 Crores bearing No.502203, dt. 03.03.2011, describing “Yourself, RTGS” of Bank of Baroda, Adarsh Nagar Branch, Hyderabad bearing signature of A1. Ex.P17 : RTGS application signed by A1 and was filled up by A5 to transfer Rs.1.75 Crores, for which Ex.P16-Cheques was issued. Ex.P18 : Cheque bearing No.502202 for Rs.05.00 lakhs, dt. 04.03.211 of Bank of Baroda, Adarsh Nagar Branch, Hyderabad, bearing signature of A1. Ex.P19 : Cheque bearing No.502204, dt. 04.03.2011 for Rs.25.00 lakhs of Bank of Baroda, Adarsh Nagar Branch, Hyderabad. Signature of A1 is appearing on this cheque issued in the name of Sri. Madhusudhan Rao(A4). Ex.P20 : Cheque for Rs.25.00 lakhs bearing No.502205, dt. 04.03.2011 issued in the name of Suresh Naidu of Bank of Baroda, Adarsh Nagar Branch, Hyderabad. Ex.P21 : Pay-in-slip bearing No.0799023, dt. 17.02.2011 in the name of Shiri Avenues Pvt. Ltd., for Rs.10,000/-. It bears the signature of A1. Ex.P22 : Account opening form dt. 17.02.2011. On 18.02.2011 a current account was opened in Bank of Baroda, Adarsh Nagar branch, Hyderabad, by A1, in the name of Shiri Avenues Pvt. Ltd., builders, developers and constructions. A5 allotted current account No.25680200002747 to this account. Ex.P23 : Statement of account for the period from 17.02.2011 to 04.03.2011 of current account No.25680200002747. Ex.P24 : Cheque book issue register of Bank of Baroda, Adarsh Nagar branch, Hyderabad. Ex.P25 : Entry - At page No.203, against the date : 24.02.2011, a cheque book was prepared bearing leaf numbers 502201 to 502250 in the name of Shiri Avenues Pvt. Ltd., relating to account No.02/2747, there is an entry of its receipt and date of delivery as 28.02.2011. This entry bears the signature of A1, who had taken delivery of this cheque book. Ex.P26 : Counter foil of RTGS application dt.03.03.2011, presented in Adarshnagar Branch, Bank of Baroda, Hyderabad, which bears the seal of Adarshnagar Branch referring to transfer on 03.03.2011, which refers to Account No.02/2747 of bas branch described as Adarshnagar Branch and beneficiaries Account Number being 704496633 of Indian bank, Sri Nagar Branch. Ex.P27 : Cheque bearing No.777681, dt. 04.03.2011 for Rs.1.00 lakh issued for Suraj Impex by its proprietor relating to Account No.939953286 given to PW15 by A2. Ex.P28 : Application concerned to current account along with its enclosures. Current account No.939953286 was opened on 03.03.2011 by Suraj Impex through its proprietor Sri. V.Santosh Kumar, resident of Ayyappa Society, Madhapur, Hyderabad. Ex.P29 to Ex.P32 : Self cheque bearing No.777676, dt. 03.03.2011 for Rs.50.00 lakhs, self
P63 C.C.No.7 of 2012 cheque bearing No.777680, dt. 04.03.2011 for Rs.5.00 lakhs, self cheque bearing No.777684, dt. 05.03.2011 for Rs.10.00 lakhs, another cheque bearing No.777682, dt. 05.03.2011, „For yourself‟ for Rs.1,65,310/- respectively issued by Suraj Impex by its proprietor. Ex.P33 to Ex.P35 : RTGS applications for Rs.29,25,000/-, dt. 04.03.2011 in favour of Sri. Rajeshwara Rao Yennamaneni to account No.771010003998 of ING Vysya Bank, Vivekanand Nagar Colony, KPHB, Hyderabad, for Rs.60.00 lakhs, dt. Nil in favour of Nukala Vodata Services Pvt. Ltd., to account No.000003683552 of Barclays Bank, Hyderabad and for Rs.2.00 lakhs,
dt. 04.03.2011 in favour Virtus Impex to account No.911020003003311
of Axis Bank, Madhapur, presented by Suraj Impex respectively. Ex.P36 : Transfer voucher for Rs.50.00 lakhs from current account No.704496633 to current account No.939953286 of Suraj Impex, dt. 03.03.2011. It relates to debit entry. Ex.P37 : Corresponding credit voucher of Ex.P36 relating to these two current accounts,
dt. 03.03.2011 for Rs.50.00 lakhs.
Ex.P38 : Transfer debit voucher for Rs.5.00 lakhs from current account No.704496633 to current account No.939953286 of Suraj Impex, dt. 03.03.2011. Ex.P39 : Corresponding credit voucher of Ex.P38 relating to these two current accounts,
dt. 03.03.2011 for Rs.5.00 lakhs.
Ex.P40 : Transfer debit voucher for Rs.1,14,88,073/- from current account No.704496633 to current account No.939953286 of Suraj Impex,
dt. 04.03.2011.
Ex.P41 : Corresponding credit voucher of Ex.P40 relating to these two current accounts,
dt. 04.03.2011 for Rs.1,14,88,073/-.
Ex.P42 : Statement of account of Suraj Impex in Indian Bank, Srinagar Colony branch from 01.01.2011 to 06.04.2011 of current account No.704496633. Ex.P43 : Statement of account of Suraj Impex in Indian Bank, Srinagar Colony branch from 01.01.2011 to 06.04.2011 of current account No. 939953286. Ex.P44 : Letter, dt. 02.04.2011. PW17 sent a letter to Sri. V.Santosh Kumar, Proprietor, Suraj Impex, on 02.04.2011 that he received information either from his Zonal Office or from Bank of Baroda, that the transaction relating to RTGS transfer of Rs.1.75 crores, to the above current accounts of Suraj Impex being a fraudulent transaction and further informing that their Bank is unable to allow operations in his account till investigation is completed. Ex.P45 : Counter foil of RTGS application relating to Ex.P33. Ex.P46 : Cheque bearing No.159386, dt. 04.03.2011 for Rs.50.00 lakhs, signed by PW18 for Nukala Vodata Services Pvt. Ltd., of Barclays Bank. Ex.P47 : Self cheque bearing No.159390, dt. 08.03.2011 signed by PW18 on behalf of his company. Ex.P48 : Search list prepared at the residential flat of PW18 at Banjara Hills, Hyderabad. Ex.P49 : Self cheque of PW.18 dt. 05.03.2011 for Rs.1,30,500/- bearing No.159387 of Barclays Bank, on which PW18 had withdrawn this money. Ex.P50 : Self cheque of PW.18 dt. 9.03.2011 for Rs.5,50,000/- bearing No.159392 of Barclays Bank, on which PW18 had withdrawn this money. Ex.P51 : Account opening form of PW18 company‟s account in Barclays Bank, Banjara Hills, Hyderabad along with its enclosures. Ex.P52 : Purported Board Resolution, dt. 14.02.2011 of Shiri Avenues Pvt. Ltd., (marked for the purpose of identification). Ex.P53 : Bunch of specimen signature sheets of PW19(six sheets). Ex.P54 : Bunch of specimen signature sheets of PW20(six sheets). Ex.P55 : A bunch of documents relating to the facilities availed by Shiri Avenues Pvt.
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Ltd., with SBI, Zonal Office in MPST(SMECC), Hyderabad. Ex.P56 : Account opening form furnished by PW23 to ING Vysya Bank, KPHB, Hyderabad, relating to account No.771010003998 along with customer information form and ID proofs. Ex.P57 : Self cheque bearing No.134056, dt. 04.03.2011 issued by PW23 for Rs.9.50 lakhs. Ex.P58 : Self cheque bearing No.134057, dt. 05.03.2011 issued by PW23 for Rs.7.10 lakhs. Ex.P59 : Self cheque bearing No.134058, dt. 05.03.2011 issued by PW.23 for Rs.12.60 lakhs. Ex.P60 : Statement of account relating to PW23 account in ING Vysya Bank, KPHB, Hyderabad for the period from 01.08.2007 to 12.03.2011. Ex.P61 : Current account opening form of M/s. VIRTUS Impex Ltd., of Madhapur, Hyderabad, bearing current Account No.911020003003311 in Axis Bank, Madhapur branch bearing photograph of Sri. T.V.L.N.Murthy along with enclosures and this account was opened on 12.01.2011. Sri. T.V.L.N. Murthy was the proprietor of said trading concern. Ex.P62 : Self cheque of Sri. T.V.L.N.Murthy bearing No.001455, dt. 04.03.2011 for transfer of Rs.2.00 lakhs effected by RTGS from Ex.P61 account. Ex.P63 : Letter, dt. 16.11.2011 along with the documents. Ex.P64 : Original deposit slip, dt. 04.03.2011. Ex.P65 : Standard signatures and writings of A5 bearing S1, S1/1 to S1/5, S2 and S2/1. Ex.P66 : Standard signatures and writings of A1 bearing S3, S3/1 to S3/5, S4 and S4/1 to S4/3. Ex.P67 : Standard signatures and writings of A3 bearing S5, S5/1 to S5/5, S6, S6/1, S6/2, S7/1 to S7/5, S8 and S8/1 to S8/5. Ex.P68 : Standard writings of A1 bearing S12, S12/1 to S12/5, S13 and S13/1 to S13/5. Ex.P69 : Standard writings of A5 bearing S14 and S14/1 to S14/5. Ex.P70 : Standard writings of A1 bearing S15 and S15/1 to S15/5. Ex.P71 : Standard writings of A5 bearing S16 and S16/1 to S16/5. Ex.P72 : Standard writings of A3 bearing S17, S17/1 to S17/4, S18 and S18/1 to S18/4. Ex.P73 : Standard writings of A2 bearing S19 and S19/1 to S19/5. Ex.P74 : Standard writings of A4 bearing S20 and S20/1 to S20/5. Ex.P75 : Standard writings of Sri. T.Raju bearing S21 and S21/1 to S21/4. Ex.P76 : Opinion of PW26 dt. 28.02.2012 along with reasons for such opinion. Ex.P77 : Letter, dt. 12.03.2012 whereunder opinion of PW26 along with enclosures in Ex.P76 was forwarded by the Director, CFSL, Hyderabad to HOB, SCB/CBI, Chennai. Ex.P78 : Letter dt.21.03.2011 addressed by Branch Head, Barclays Bank, Banjara Hills, Hyderabad to the Managing Director, M/s. Nukala Vodata Services Pvt. Ltd. about freezing of the current account No.000003646846 for 48 hours. Ex.P79 : Letter of PW.18, dt. 23.03.2011. PW18, visited Barclays Bank, Road No.12, Banjara Hills, Hyderabad and explained that the withdrawals were made for the purpose of M/s. Suraj Impex since they were running a joint venture and he gave his letter in this context on 23.03.2011. Ex.P80 : Communication sent by Barclays Bank, Road No.12, Banjara Hills, Hyderabad to PW.18 with regard to freezing of account of PW18 on 12.04.2011. Ex.P81 : Reply sent by PW18 on 18.04.2011 in response to Ex.P80. Ex.P82 : Portion of statement of PW29 U/S 161 Cr.PC. Ex.P83 : Portion of statement of PW31 U/S 161 Cr.PC. Ex.P84 : Sanction Order issued by PW33 against A5. Ex.P85 : FIR registered by then SP, CBI/SCB/Chennai in RC.No.3(S)/2011/CBI/SCB/ Chennai dt.28.03.2011, for the offences U/S 120-B IPC r/w Section 420 IPC,
P65 C.C.No.7 of 2012
Section 467 IPC, Section 468 IPC & U/S 471 IPC as well as U/S 13(2) r/w S 13(1)(d) of PC Act against M/s. Sree Avenue Pvt. Ltd., Hyderabad, A1, M/s. Suraj Impex, Hyderabad, A3, A4, unknown private persons and officials of Bank of Baroda. Ex.P86 : Search record - Search was carried out by PW.34 at the residence of A2 on 13.04.2011, in Block No.19, 7th Floor, H.No.707, Malaysian Town Ship, KPHB Colony, Kukatpally, Hyderabad and search record issued thereupon U/S 165(3) Cr. PC along with a record made U/S 165(1) Cr. PC. Ex.P87 : Search list prepared in the context of Ex.P86. Ex.P88 : Search list prepared at the office of A2 bearing No.158, 4th Floor, Abhi Residency, Ayyappa Society, Madhapur, Hyderabad. Ex.P89 : Search record - Search was carried out by PW.34 U/S 165 Cr. PC at the residence of A3 on 26.04.2011, at Door No.27-23/4, LB Nagar, Neredmet, Secunderabad. Search record issued U/S 165(1) Cr. PC along with record made thereunder. Ex.P90 : Search list prepared in respect of Ex.P89. Ex.P91 : Search record - Search was carried out by PW.34 U/S 165 Cr. PC at the residence of PW18 on 28.04.2011, at Flat No.205, 3rd Floor, Magnum Opus Apartments, H.No.8-2-614/2, Road No.11, Banjara Hills, Hyderabad. Record U/S 165(1) Cr. PC is prepared in this context. Ex.P92 : Search record – Search was carried out by PW.34 U/S 165 Cr. PC at the residence of A5 on 05.05.2011, at H.No.24-93/2, Anand Bagh, Malkajgiri, Hyderabad, record prepared relating to the search U/S 165(1) Cr. PC. Ex.P93 : Search list prepared by PW.34 in the context of Ex.P92. Ex.P94 : Search record – Search was carried out by PW.34 at the residence of A1 on 19.05.2011 bearing Door No.12-6-2/240, Flat No.303, Aditya Avenue, Vivek Nagar, Kukatpally, Hyderabad, record made U/S 165(1) Cr. PC. during the search. Ex.P95 : Search list prepared by PW.34 in the context of Ex.P94. Ex.P96 : Search record – Search was carried out by PW.34 U/S 165 Cr. PC at the residence of A4 on 20.05.2011, bearing H.No.27/16/33/2, LB Nagar Colony, Krupa Complex, Safilguda, Hyderabad, record made U/S 165(1) Cr. PC. during the search. Ex.P97 : Search list prepared by PW.34 in the context of Ex.P96. Ex.P98 & Ex.P99 : Attendance Registers - Attendance Register of other Staff from 20.07.2007 to 16.04.2011 and another Attendance Register of Officers from 01.08.2007 to 16.04.2011 of Bank of Baroda, Adarsh Nagar Branch, Hyderabad. Ex.P100 : Original cash receipts & payments book of Bank of Baroda, Adarsh Nagar Branch, Hyderabad, maintained for the period from 10.12.2010 to 09.03.2011. Ex.P101 : Original RTGS credit challan, dt. 04.03.2011 of Axis Bank, Madhapur Brnach, Hyderabad, in favour of Suraj Impex, for Rs.02.00 lakhs under the letter,
dt. 15.04.2011 of the Branch Manager of Bank of Baroda, Adarsh Nagar
Branch, Hyderabad. Ex.P102 : Receipt memo, dt. 28.11.2011, PW34 received Ex.P12-original agreement for sale, dt. 03.03.2011 from A4. Ex.P103 : Cheque bearing No.031084 of Bank of Baroda, Opera House Branch, Mumbai,
dt. 02.02.2011 for Rs.5,283.66 paise issued on Account No.04090100009964.
Ex.P104 : Request letter of Apoorva A Shah and three others of Mumbai, dt.02.02.2011 to close the above account as well as a pay-in-slip for issuing Banker's cheque for Rs.5283.66 paise in favour of Apoorva A Shah, dt. 02.02.2011. Ex.P105 : Pay-in-slip to issue Banker's cheque. Ex.P106 : Certified copy of statement of PW8 U/S 164 (1) Cr. PC recorded by learned
P66 C.C.No.7 of 2012
IV Metropolitan Magistrate at Hyderabad on 17.01.2012. Ex.P107 : Original statement of PW8 U/S 164 (1) Cr. PC recorded by learned IV Metropolitan Magistrate at Hyderabad on 17.01.2012. Ex.P108 : Certified copy of statement of PW11 U/S 164 (1) Cr. PC recorded by learned IV Metropolitan Magistrate at Hyderabad on 17.01.2012. Ex.P109 : Original statement of PW11 U/S 164 (1) Cr. PC recorded by learned IV Metropolitan Magistrate at Hyderabad on 17.01.2012. Ex.P110 : Bunch of seven sheets of copies of screen shots of account ledger enquiry relating to Account No.25680200002747 of Sree Avenues Pvt. Ltd., from 03.03.2011 at 11.49.43 Hours to 04.03.2011, 12.54.23 Hours in six sheets and of one screen shot copy of Account No.04090100001282 of Ashwin Kumar Sumanlal Mehta, from 03.03.2011 at 11.49.42/11.48.01/11.47.38/ 11.49.42/11.49.42 Hours. Documents marked on behalf of Defence :
Ex.D1 : Part of statement of PW11 U/S 164 Cr. PC. Ex.D2 : Part of statement of PW19 U/S 161 Cr. PC. Ex.D3 : Registration extract of agreement for completion of construction of Flat,
dt. 06.01.2011 between M/s. Shiri Avenues Pvt. Ltd., rep.by A1 and Sri Pranesh
Bobji Gajula S/o. Sri Sai Kumar Gajula.
M.Os marked :
MO-1 :CCTV footage of Barclays Bank, Hyderabad, from 04.03.2011, along with Section 65-B Certificate. Digitally signed by B R B R
MADHUSUDHAN
MADHUSUDHAN
RAO RAO
Date: 2022.03.31
13:14:06 +0530
PRINCIPAL SPECIAL JUDGE
FOR CBI CASES, HYDERABAD.
IN THE COURT OF THE ADDL. METROPOLITAN SESSIONS JUDGE FOR
TRIAL OF COMMUNAL OFFENCE CASES CUM VII ADDL.
METROPOLITAN SESSIONS JUDGE: HYDERABAD.
Present: B.R.Madhusudhan Rao, VII Addl. Metropolitan Sessions Judge, Hyderabad.
Dated this the 04th day of February, 2019.
CRIMINAL APPEAL No. 276 of 2017
From which court this appeal is preferredXXV Special Magistrate, Hyderabad. Number of the case in that CourtC.C.No.03 of 2016 Number of the appealCrl. Appeal No.276 of 2017 Name and description of the J.Kankaiah, S/o.Rangaiah, Age: 45 yrs, Occ: appellant/AccusedScrab Business, R/o.H.No.8-2-684/49/C, N.B.T.Nagar, Banjarahills, Hyderabad. Name and description of the Sardar Dalip Singh Chahal, S/o.Late Sardar respondent/ComplainantSobha Singh Chahal, Age: 45 yrs, Occ: Business, R/o.H.No.6-2-964, Chintal Basthi, Khairatabad, Hyderabad. The sentence and law under which convictionAccused is found guilty for the offence under was imposed in the lower court:Section 138 of N.I Act and convicted under Section 255 (2) Cr.P.C. The accused is sentenced to undergo rigorous imprisonment for one year and fine of Rs.5,000/-, in default SI for three months for the offence under Sec.138 of N.I. Act. Whether confirmed, modified or Reversed, ifIn the result, the Appeal is dismissed under modified the Modification:Section 386 of Cr.P.C., by confirming the Judgment passed by the XXV Special
Magistrate, Hyderabad in C.C. No. 3 of 2016
(Old C.C No. 585 of 2015), dated 16022017. The trial Court is directed to take necessary steps against the accused immediately for serving out the sentence.
DATE OF OR ON WHICH
Presentation10-03-2017 Filing10-03-2017 Notice issued by the Court14-03-2017 Bail bond if appellant is let out on bail -- Appellant is ordered to be appear25-04-2017 Hearing09-01-2019 JUDGMENT04-02-2019
This appeal came before me for hearing on 09-01-2019, upon perusing the petition and record of evidence and proceedings and of appeal and upon duly considering the same after hearing the arguments of Sri T.Sriranga Rao, Counsel for the Appellant/Accused and Sri N.Lakshmi Narayana, Counsel for the Respondent/Complainant and having stood over for consideration till this day this court delivered the following: -: J U D G M E N T:- 01 Appellant/Accused has preferred the present appeal aggrieved by the Judgment in C.C No. 3 of 2016 (Old C.C.No. 585 of 2015), dated 16022017 on the file of XXV Special Magistrate, Hyderabad.
2 02Appellant is the Accused and the respondent is the complainant
before the trial court. For the sake of convenience, the parties will be
hereinafter referred to as Complainant and Accused.
03The brief averments of the complaint are as under:
(a)The complainant is a businessman doing civil works and he has acquaintance with the accused and also friendship. Accused has approached the complainant for hand loan for his business and family necessities.
Complainant has advanced hand loan in cash at his residence to a tune of Rs.
9.00 lakhs on 04092013 (Ex.P.3). Accused has further taken hand loan from the complainant on 10092013 to a tune of Rs. 6.00 lakhs (Ex.P.4), the complainant has paid the amounts in cash and the accused has executed promissory notes to that effect agreeing to pay the above said amounts with interest within a period of three months ie by December, 2013. Accused failed to pay the interest and the principle amounts from January, 2014. The accused is due an amount of Rs. 17,80,000/ towards two promissory notes with interest thereon. On the repeated demands made by the complainant, the accused has got issued a cheque bearing No. 519218, dated 01082015, drawn on Bank of Maharashtra, Khairatabad branch, Hyderabad, for an amount of Rs. 17,80,000/ (Ex.P.1) which includes principle and interest.
Complainant has presented the cheque in his Bank and the same is returned on 25082015 with reason funds insufficient. Complainant has got issued legal notice on 13092015 (Ex.P.5) calling the accused to pay an amount of
Rs. 17,80,000/. Accused received the legal notice on 14092015 and issued reply on 01102015 (Ex.P.8) with false allegations, and thereafter, he filed the complaint against the accused.
04On appearance of the Accused, trial court has furnished the copies as contemplated under Sec. 207 of Cr.P.C. Accused was examined under Section 251 of Cr.P.C., and he stated that he paid the entire amount and further contended that he did not commit any offence.
05During the course of trial, complainant is examined as P.W.1 and got marked P.1 to P.9. After closure of the complainant evidence, Accused is examined under Section 313 of Cr.P.C, and the incriminating evidence is put forth to him, he denied the entire evidence in TOTO and reported defence evidence.
3
Accused examined his wife as DW.1 and his daughter is examined as DW.2.
06After fullfledged trial, the trial Court has convicted the accused and sentenced to undergo rigorous imprisonment for a period of one (1) year and pay fine of Rs. 5,000/, in default simple imprisonment for three (3) months.
07Aggrieved by the Judgment of the trial court, appellant/accused has preferred the present appeal on the following grounds:
1. The trial Court failed to consider that the complainant failed to discharge initial burden about lending of Rs. 15.00 lakhs to the appellant/accused, complainant has not placed documentary evidence to substantiate his contention about lending of Rs. 15.00 lakhs in cash to the accused on two occasions ie on 04092013 and 10092013.
2. The trial Court failed to take into consideration that no prudent man will advance such huge amounts to the person who is doing scrap business in rented mulgi of the complainant, the trial Court wrongly came to a conclusion that the complainant is having capacity to lend Rs. 15.00 lakhs to the accused in spite of the fact that the complainant failed to examine any witness in support of his case and in whose presence he lend such huge amount.
3. The trial Court failed to notice that the complainant has not placed any documents that he is having Rs. 15.00 lakhs cash with him to pay the same to he accused.
4. The trial Court failed to notice that the complainant is an income tax assessee since long time, he has not shown the alleged transaction in his Income Tax Returns and there is no averments in the complaint that he has paid Rs. 15.00 lakhs to the accused in the presence of the witnesses.
5. The trail Court failed to consider the evidence of D.Ws 1 and 2 that accused has taken hand loan from the complainant in the Year 2008, during that time, complainant has taken signed pronotes, cheques, signed stamp papers and also kept the originals of house bearing No. 82684/49/C, situated at N.B.T Nagar, Banjara Hills, Hyderabad, the accused has specifically contended in Ex.P.8reply notice that Ex.P.1 cheque is given towards security.
6. The trial Court failed to notice the admissions made by PW.1 that he is an income tax assessee but did not disclose the alleged transaction in his income tax returns, and nonfiling of income tax returns goes to show that Ex.P.1cheque is not issued towards discharge of legally enforceable debt and it has to be treated as uncounted money.
4
7. The trial Judge failed to consider that the complainant failed to prove his case beyond reasonable doubt in fact the accused has proved his case by rebutting the presumptions available under Sections 119 and 139 of Negotiable Instruments Act, and prayed to set aside the Judgment dated 16022017 in C.C No. 3 of 2016. 08Heard both counsels. Perused the record. 09Now the points for determination are
1. Whether the complainant could able to prove that Ex.P.1cheque is issued by the accused towards discharge of legally enforceable debt?
2. Whether the accused could able to prove that Exs. P.1, P.3, P.4 are issued to the complainant towards security?
3. Whether the Judgment of the trial Court is sustainable under law and the same is liable to be set aside? If so,
4. To what relief? 10Learned Counsel for the appellant/accused contended that the complainant/PW.1 failed to examine any independent witnesses to support his contention that he has lent an amount of Rs. 9.00 lakhs on 04092013,
Rs. 6.00 lakhs on 10092013 and no documents are filed by the complainant/PW.1 to show that he was having ready cash in his hand to pay to the appellant/accused.
Counsel further contended that the accused has got issued reply under Ex.P.8 wherein he specifically stated that he is the tenant of the shop bearing Municipal No. 62965, Chintal Basthi, Khairatabad, Hyderabad of the complainant since 1995 to 2013, and in the Year 2013, he was forced to vacate the premises and the cheque is obtained by the complainant towards security in the year 2008, Ex.P.1 is not issued by the accused to the complainant towards discharge of legally enforceable debt.
11The defence of appellant/accused in the crossexamination of
PW.1 is that the accused has borrowed the amount of Rs. 1.00 lakhs from the complainant in the Year 2008, during that time, the complainant has obtained blank promissory notes, blank signed cheques, blank signed white papers, and bank signed nonjudicial papers and kept the originals of the house property of the accused bearing No. 82684/49/C, situated at N.B.T
Nagar, Banjara Hills, Hyderabad, and that the accused has repaid the above said amount with interest on 27032015 by lifting the chit from Margadarshi
Chit Fund, after repayment the complainant failed to return back the above said documents.
5 12Learned Counsel, during the course of arguments, contended that the complainant/PW.1 has admitted that he paid the amount in cash on two occasions and he is an income tax assessee, but failed to file the returns nor examined independent witness to substantiate his contention that Exs.
P.3 and P.4 are executed by the accused and relied on the following decisions:
(1) Vallabhaneni Srinivasa Rao Vs Mangalapudi Venkateshwarlu and another 1 ,observed atPara No.15 as under:
Para No.15:
“The version of P.Ws 1 and 2 being inconsistent with each other and the contents of Ex.P.5 giving a totally a different picture of the case. It cannot be said that the complainant was able to establish his case beyond reasonable doubt. On the other hand, the accused was able to prove his case by preponderance of probabilities. It is true that the accused took a plea that the cheque, which was given to one Vishnu Mohan due to business dealings, was misused by the complainant. The accused did not lead any evidence to show the nature of the business dealings, but the evidence of PW.1 would show that the said Vishnu Mohan took the petrol bunk of the accused on lease. However, he denies about his knowledge with regard to disputes between Vishnu Mohan and one RamaRao and the blank cheque given by the accused to Vishnu Mohan in the business transactions, was in turn given to complainant for filing the complaint. In any event, if really, an amount of Rs. 1,20,000/ was given as hand loan, the complainant would have taken definitely a pronote acknowledging the receipt of the same. No document was produced before the Court to show the receipt of money by the accused. PW.1 being the businessman would not have lent money without taking any documents in proof of the same. Though PW.1 in his evidence tried to contend that the amount was shownin his accounts maintained in the showroom and also in the income tax returns filed by him, but no effort was made to produce the same before the Court. Therefore, a doubt arises as to whether PW.1 has lent above amount as hand loan to the accused.” (2)K. Krishna Reddy Vs K. Rajender and another 2 , observed at
Para No.4 as under:
_______________ 1 2015 (2) ALD (Crl.) 510, 2 2012 (1) ALD (Crl.) 934 (AP) 6
Para No.4:
“On the offence being taken cognizance after recording the sworn statement of the complainant, copies of documents were furnished to the accused on his entering appearance. He denied the offence when he was examined under Section 251 of the Code of Criminal Procedure and during trial, P.Ws 1 to 3 were examined and Exs. P.1 to P.7 were marked. The accused denied the incriminating circumstances appearing in the evidence when he was examined under Section 313 of the Code of Criminal Procedure and examined himself as DW.1 and marked Exs. D.1 to D.10 in defence.” (3)InSanjay Mishra Vs Ms. Kanishka Kapoor @ Nikki and another 3 , observed at Para No.7 as under:
Para No.7:
“It is true that merely because amount advanced is not shown in Income Tax Return, in every case, one cannot jump to the conclusion that the presumption under Section 139 of the said Act stands rebutted. There may be cases where a small amount less than a sum of Rs. 20,000/ is advanced in cash by way of loan which may be repayable within few days or within few months. A complainant may not show the said amount in the Income Tax Return as it is repayable within few days or few months in the same financial year. In such a case the failure to show the amount in the Income Tax Return may not by itself amount to rebuttal of presumption under Section 139 of the said Act. If in a given case the amount advanced by the complainant to the accused is a large amount and is not repayable within few months, the failure to disclose the amount in Income Tax Return or Books of Accounts of the complainant may be sufficient to rebut the presumption under Section 139 of the said Act.” (4) In R. Chennakesava Rao Vs P. Laxmi Narasaiah and another 4 , observedat ParaNo. 35 as under:
Para No.35: “Yet, a crucial aspect in this case is that the complainant is an income tax assessee and money lender, but he did not disclose this amount in his income tax returns and that such admission itself is suffice to conclude that the amount lent, if any, is unaccounted money. When the cheques were not issued towards discharge of 32009 CRI. L. J. 3777 4 2017 (2) ALT (Crl.) 279 (AP) 7 legally enforceable debt, it is for the accused to rebut the presumption under Section 139 of N.I Act and when the complainant admitted that the amount was not disclosed in the income tax returns, it would be unaccounted money and thereby it is not legally recoverable.” (5)In N.Narsamma Vs Chinna Mukkiranna and another 5 , observedat
Para No.12 as under:
Para No.12: “In the case in hand, there is no piece of paper that the complainant advanced the amount to the accused and the accused indebted to complainant for the alleged amount. According to the complaint allegations, the accused executed a promissory note on 18092009 for Rs. 1,50,000/ at the rate of 24% interest per annum. But, the appellant/complainant did not file the said promissory note to prove her contention.” (6)In K. Venkata Kishna Prasad Vs Peram Sai Swarupa and another 6 , observedat Para No.13 as under:
Para No.13: “The complainant failed to prove his financial capacity, much less to lend amount of Rs. 5.00 lakhs as on the date of Ex.P.1, non examination of attestor and scribe, nonfiling of any Income Tax Returns, showing the debt covered under Ex.P.1, discrepancy with regard to the mode of payment under Ex.P.1, paid to the accused that is two versions of PW.1, with Ex.P.4, the evidence of DW.1, the serial number of the cheque involved in the present case along with C.C.No.516 of 2015 are side by side in nature and in view of the decisions cited supra, the Court below concluded that the complainant has failed to prove the legally enforceable debt existing between him and the respondent No.1/accused.” 13The evidence of PW.1 (Sardar Dilip Singh Chahal) is the replica of his complaint and legal notice contents, he got marked Ex.P.1 cheque bearing No. 519218 for Rs. 17,80,000/, dated 01082015, Ex.P.2 cheque return memo dated 25082015, Ex.P.3 – promissory note for Rs. 9.00 lakhs
dated 04092013, Ex.P.4 – promissory note for Rs. 6.00 lakhs dated 1009
2013, Ex.P.5 office copy of legal notice dated 13092013, Ex.P.6 – postal receipt dated 13092015, Ex.P.7 – postal acknowledgment card dated 1409 ____________________________ 5 2017 (1) ALT (Crl.) 221 (A.P) 6 2017 (1) ALT (Crl.) 259 (A.P.), 8 2015, Ex.P.8 – reply notice dated 01102015 and Ex.P.9 – Judgment in O.S
No. 1742 of 2015 dated 02062016.
14During his crossexamination, he stated as under:
I have not issued any rejoinder to Ex.P.8 and I am having account in
H.D.F.C Bank, Lakdikapool branch, I have not filed any document to show that I had Rs. 15.00 lakhs as on 10092013 and I am doing civil works business from the past 9 years.
It is true it is not my case that I withdrew an amount of Rs. 9.00 lakhs and Rs. 6.00 lakhs from the bank, I am an Income Tax Assessee since 2000, it is true I have not paid the amount through the cheques and it is not my case, I am aware that more than Rs. 20,000/ cash must be through cheque or Demand Draft. Witness adds that he came to know about the said facts after filing the case.
It is true it is not my case that I have shown this transaction in Income
Tax Returns.
It is true I have not stated in my complaint that from where I have procured the amount, it is true the names of the witnesses were not shown in the complaint and in whose presence amount is paid to the accused. So also did not mentioned the names of the witnesses in the complaint.
It is true after filing O.S No. 1742 of 2015 under Ex.P.9 on the file of
VII Junior Civil Judge by the accused against him and others he presented the subject cheque into his account, thereafter filed the present case.
The municipal No. 62965, Chintal Basthi, Khairatabad belongs to my paternal uncle and the accused was tenant in the said shop, accused is doing scrap business in the said shop and he do not know that he vacated the same in the year 2013.
It is true the signature of the accused is in Telugu, and he presented
Ex.P.1 – cheque on 25082015.
PW.1 denied the suggestion that the accused has borrowed Rs. 1.00 lakh from him and during the course of transaction, he has obtained signed blank pronotes, signed cheques and signed nonjudicial papers and also original documents of house bearing No. 82684/49/C, at N.B.T Nagar and after 9 repayment he failed to return the above said document. PW.1 has also denied the suggested that he has no capacity to lend an amount of Rs. 15.00 lakhs to the accused and except the signatures on Exs. P.1 and P.3 other writings are filled by him. PW.1 has also denied the suggestion that the accused has not given any instructions to fill the contents of Ex.P.1.
15DW.1 (Smt. J. Kanaka Laxmi) is the wife of the accused and she deposed that they are the tenants and running the scrap business since 20 years and they purchase old news papers, empty bottles and old iron material and sell them. Witness signatures on Ex.P.3 and Ex.P.4 promissory notes belongs to her and to her daughter. Accused has not paid an amount of
Rs. 9.00 lakhs on 01092016 and Rs. 6.00 lakhs on 10092013 either in her presence or in the presence of her daughter, their signatures were obtained by the complainant on a blank five promissory notes and on five cheques, 100 rupees bond paper and also taken the originals of property documents.
In the year 2008 the accused has borrowed Rs. 1.00 lakh from the complainant and during that time the above said documents were given to the complainant towards security, in the year 2015 they have repaid the amount with interest @ Rs. 5,000/ per month, when they requested the complainant to return the documents after paying the amount he did not return the same and they have no necessity to borrow Rs. 15.00 lakhs for their business.
During her crossexamination she stated that the shop in which they are running scrap business do not have any house number and she is an illiterate, accused is also an illiterate, when her husband/accused has borrowed Rs. 1.00 lakh from the complainant they have given five promissory notes to the complainant and she knows her husband has filed
O.S No.1742 of 2015 and it was dismissed, either herself or the accused did
not take any document from the complainant when they repaid the amount, accused did not give police complaint against the complainant for nonreturn of the documents, they did not lodge police complaint against the complainant with regard to the promissory notes which are in his possession and she or the accused did not file police complaint regarding the original documents of their house property in the possession of the
Complainant/PW.1. She denied the suggestion that the accused has executed 10
Exs. P.3 and P.4 in favour of the complainant and towards discharge of debt, he issued Ex.P.1cheque.
16DW.2 (Kum.J. Srilatha) is the daughter of the accused. She deposed that the accused used to run his shop in the house of the complainant as tenant and she identified the signatures of the accused, DW.1 on Exs. P.3 and P.4, at the time of signing on Exs. P.3 and P.4 they were blank and the accused did not borrow Rs. 9.00 lakhs and Rs. 6.00 lakhs from the complainant, accused has borrowed only Rs. 1.00 lakh in the year 2008, complainant has obtained the signatures of the accused on blank cheque and the accused has not issued Ex.P.1cheque for Rs. 17,80,000/ in the year 2015.
In her crossexamination she stated that she is studying B.Tech
III Year, in the year 2013 she was studying B.Tech I Year, generally she will not sign on any blank paper, it is true after taking the amount only I signed as attesting witness. Witness adds that after taking the signature by the complainant, herself and DW.1 left the place and she do not know whether the accused took the amount or not and she further admitted that the accused has filed civil suit in O.S No. 1742 of 2015 against the complainant and others and the accused has stated in the said suit that he borrowed Rs.
8.00 lakhs from the defendant No.1 (D.Satish) and she knows that the accused borrowed the amount for his business purpose, she further stated in her crossexamination that the accused did not take any receipt from the complainant after paying the amount nor accused gave any police report with regard to nonissuance of receipt. DW.2 has denied the suggestion that accused has borrowed Rs. 9.00 lakhs and Rs. 6.00 lakhs under Exs. P.3 and
P.4 and issued Ex.P.1cheque and she is giving false evidence.
17Ex.P.9 is the Judgment in O.S No. 1742 of 2015, dated 0206 2016. It is the case of the plaintiff that the complainant and three others are interfering with his daytoday affairs and sought for permanent injunction restraining the defendants their henchmen or their person from interfering or entering into the plaintiff life and the house property ie house bearing No.
82684/49/C, ad measuring 100 square yards situated at Banjara Hills,
Hyderabad. Accused has pleaded in the civil suit that he has taken the hand 11 loan of Rs. 8.00 lakhs from D. Satish in the year 2008 and returned the total amount with interest to him on 28032014. It is the further contention of the plaintiff that he is the tenant of the complainant in house bearing No.
62965, Chintal Basthi, Khairatabad since 1995 to 2013, in the year 2000 to 2004, he has taken hand loan from the complainant and two others. During that time, complainant has taken house papers, blank signed cheques and blank signed stamp papers towards security, but he has not returned the said papers to the accused even after clearing the amounts.
18The suit filed by the accused is dismissed on 02062016 that he failed to prove his case. Ex.P.1 is dated 01082015 and the suit filed by the accused is on 06082015 ie after five days of executing Ex.P.1cheque.
Accused has admitted that Ex.P.1 bears his signature. It is the specific case of the complainant/PW.1 that accused has borrowed Rs. 9.00 lakhs under
Ex.P.3 and Rs. 6.00 lakhs under Ex.P.4 and after repeated demands made by the complainant, he got issued Ex.P.1cheque on 01082015. Ex.P.1 is deposited in the bank, and the same is returned under Ex.P.2 on 25082015 as funds insufficient. Accused in his reply notice under Ex.P.8 has contended that he is the tenant of the complainant wherein he is running a scrap business at shop bearing No. 62965. PW.1 has stated in his cross examination that municipal bearing No.62965 belongs to his paternal uncle and the accused was the tenant in the said shop. The contention of the accused is that the complainant is the owner of the above said building is not proved by the accused. Accused has contended in Ex.P.8 that cheque is issued towards security in the year 2008. At one breath the accused has contended that Ex.P.1 is issued towards security in the year 2008 whereas coming to the Judgment in O.S No. 1742 of 2015 under Ex.P.9 wherein the accused has contended that in the year 2000 to 2004 he has taken loan and he has issued blank signed cheques, promissory notes. The defence of the accused is inconsistent in so far as issuance of blank cheques and promissory notes are concerned.
19PW.1, though, admitted in his crossexamination that he has paid the amount covered under Exs. P.3 and P.4 in cash and also admitted that he did not refer the names of the witnesses in the complaint or in the chiefexamination affidavit. Accused has admitted his signature in Exs. P.1, 12
P.3 and P.4. DW.1 is the wife of the accused, DW.2 is the daughter of the accused, they have also admitted that the accused’s signature is appearing on
Exs. P.1, P.3, P.4 and they have acted as witnesses to Exs. P.3 and P.4. The evidence of D.Ws 1 and 2 is that the accused has borrowed an amount of Rs.
1.00 lakh in the year 2008 and during that time, blank cheques, blank promissory notes are taken by the complainant and they have paid the amount in the year 2015 with interest @ Rs. 5,000/ per month. DW.1, during her crossexamination, admitted that the accused and herself did not take any action against the complainant nor they lodged police report for return of the blank papers. DW.1 has admitted in her cross examination that she never signed on any paper without knowing the contents. DW.2 has also admitted in her crossexamination that generally she will not sign on blank papers and she further stated that after taking the amount only they signed as attesting witnesses. Witness has voluntarily stated that she do not know whether the accused has taken the amount or not.
20At one breath DW.2 stated that in the year 2015 the accused has repaid the amount. Whereas in Ex.P.8, it is stated, that the accused has vacated the premises in the year 2013 itself. It is also further stated in Ex.P.8 that the accused has paid the entire amount to the complainant by lifting the chit in Margadarshi Chit Fund on 27032015. If really the accused has paid the amount to the complainant, definitely he would have taken recourse against the complainant for return of the empty pronotes, empty cheques and empty stamped papers. D.Ws 1 and 2 have admitted in their cross examinations that so far they have not initiated any proceedings against the complainant for not returning the original deeds of their house and empty blank cheques and empty promissory notes. Accused is in the habit of borrowing amount which is evident from Ex.P.9. It is mentioned in Para
No.2 of Ex.P.9 that the Plaintiff/Accused has taken hand loan of Rs. 8.00 lakhs from Defendant No.1 (D.Satish) which itself goes to show that the accused used to take huge amounts for his business purpose. Admission made by the accused coupled with the admission made by DW.1 that they do not sign on the papers without knowing the contents goes against their case.
DW.2 has gone further and gave an explanation that she does not know whether the accused has taken the amount covered under Exs. P.3 and P.4.
The explanation offered by DW.2 does not support the case of the accused.
13 21Though PW.1 made admissions in his crossexamination that he did not file Income Tax Returns and not placed any document to show the source of his income to lend such huge amounts to the accused. The complainant has stated in his complaint and also stated in his cross examination that he is doing business in civil works. In view of the admissions made by the accused, D.Ws 1 and 2, I hold that the complainant has capacity to lend amounts to the accused. The accused failed to rebut the presumptions that Exs. P.1, P.3 and P.4 are issued towards security. In absence of any evidence from the accused side, it cannot be believed, that
Ex.P.1 is not issued by the accused towards discharge of legally enforceable doubt.
22In a decision in between Datchyutha Reddy Vs State of A.P. 7 , observed at Para No.16 as under:
Para No.16: “A question came up for consideration before this court, whether the body of the cheque was required to be in the hand writing of the maker of it. In Gorantla Venkateswara Rao’s case, a learned single Judge of this Court after a detailed survey of various decisions of this court has held that the legal position on this aspect is very clear that the body of the cheque need not necessarily be written by the accused and it can be in the handwriting of anybody else or typed on a type machine, so long as the accused does not dispute the genuineness of the signature on the cheque. What is material is signature of drawer or maker and not the body writing, hence, the dispute relating to body writing has no significance. It is not mandatory and no law prescribes that the body of the cheque should also be written by the signatory to the cheque. A cheque could be filled up by anybody if it is signed by the account holder of the cheque.” 23It is suggested to PW.1 in the crossexamination that the accused has not given any instructions to fill the contents of Ex.P.1 and present the same in the bank. In view of the decision stated supra, this Court is of the view that Ex.P.1 is issued by the accused towards discharge of legally enforceable debt, moreover, he admitted his signature on the cheque. The accused to avoid the liability covered under Ex.P.1 which is executed on 01 082015 has filed a suit in O.S No. 1742 of 2015 before the VII Jr.Civil Judge, ____________________ 7 2009 LawSuit(AP) 550 14
City Civil Court, Hyderabad on 06082015 ie after five days of execution of
Ex.P.1.
24The facts in Vallabhaneni Srinivasa Rao’s case are that the complainant therein has initiated the proceedings under Section 138 of
Negotiable Instruments Act contending that the accused has borrowed an amount of Rs. 1,20,000/ and got issued a cheque. During the course of evidence, he examined himself as PW.1 and examined his brotherinlaw as
PW.2 wherein they got marked Ex.P.5 and there were contradictions in the evidence of P.Ws 1 and 2 and also about genuinity of Ex.P.5, the trial Court has acquitted the accused for the offence under Section 138 of Negotiable
Instruments Act and the matter has been carried before the Hon’ble High
Court and the Hon’ble High Court has dismissed the appeal holding that there are contradictions in the evidence of P.Ws 1 and 2.
Coming to the case on hand, complainant/PW.1 has filed Exs.
P.3 and P.4 pronotes and the accused has admitted his signatures on Exs.
P.1, P.3 and P.4. The facts in the above said decision and the facts in the present case are not one and the same. Hence, the same is not applicable to the case on hand.
25The facts in K. Krishna Reddy’s case are that the complainant therein has filed a private complaint against the accused contending that an amount of Rs.7,50,000/ is paid to the accused, on repeated demands, the accused has issued a cheque for the above said amount. The court at first instance has convicted the accused. Accused has carried the matter in
Appeal, and the Appellate Court has setaside the conviction. The complainant has approached the Hon’ble High Court and the Hon’ble High
Court has held that the complainant did not file any documents to construe that there was any legally enforceable debt and the signature, the contents of cheque were in different ink and Ex.P.4promissory note was not filed along with the complaint and ultimately dismissed the appeal filed by the complainant.
15
Coming to the case on hand, complainant/PW.1 has filed Exs. P.3 and
P.4 pronotes and also filed Ex.P.1cheque. The facts in the above said decision and the facts in the present case are not one and the same. Hence, the same is not applicable to the case on hand.
26The facts in Sanjay Mishra’s case are that the complainant therein has failed to prove that she advanced a friendly loan of Rs. 15.00 lakhs to the respondent therein and executed hundi on September, 2004 and also issued a cheque dated 28122004. The first Court has acquitted the accused and the complainant has approached the Hon’ble High Court at
Bombay. The Hon’ble High Court has held that the entire amount was given in cash and he had not disclosed the amount in the Income Tax Returns after giving the loan till date and dismiss the appeal filed by the complainant.
Coming to the case on hand, D.Ws 1 and 2 have admitted in their crossexaminations that they are not in the habit of signing the promissory note without knowing their contents. DW.2 is a B.Tech student, studying in 1st year during the transaction covered under Exs. P.3 and P.4 wherein she has admitted that after receiving the amount only she has signed as a witness to Exs. P.3 and P.4. This admissions go against the case of the accused. The facts in the above said decision and the facts in the present case are not one and the same. Hence, the same is not applicable to the case on hand.
27The facts in R.Chennakesava Rao’s case are that the complainant therein has lent an amount of Rs. 1.00 lakh each to the accused on two occasions, after full fledged trial, the Court at first instance has acquitted the accused, aggrieved thereby, the complainant has approached
Hon’ble High Court wherein the Hon’ble High Court has held that the
complainant has not filed any documentary evidence that he advanced
Rs. 1.00 lakh on 02052011 and again Rs. 1.00 lakh to the accused on 07 092011. PW.1 therein has admitted that apart from the accused he has lent amount to two more persons and the Hon’ble High Court has dismissed the appeal filed by the complainant.
Coming to the case on hand, accused did not lead any evidence to prove that the complainant/PW.1 is doing money lending business and no material is placed before this Court to come to a conclusion that the complainant is a money lender. The facts in the above said decision and the 16 facts in the present case are not one and the same. Hence, the same is not applicable to the case on hand.
28The facts in N. Narsamma’s case are that the complainant has filed a private complaint under Section 138 of Negotiable Instruments Act against the accused contending that she has advanced an amount of Rs.
1,50,000/ towards loan to the respondent, in turn, the accused has issued a cheque on 20092010. After full trial, the Court at first instance has acquitted the accused, aggrieved thereby the complainant therein has approached the Hon’ble High Court and the Hon’ble High Court has held that there is no piece of paper that the complainant has advanced the amount to the accused and the complainant did not file the promissory note alleged to be executed by the accused therein and dismiss the appeal.
Coming to the case on hand, complainant/PW.1 has filed Exs.
P.3 and P.4 pronotes in support of his contention that the accused has borrowed the amounts on two spells. The facts in the above said decision and the facts in the present case are not one and the same. Hence, the same is not applicable to the case on hand.
29The facts in K. Venkata Krishna Prasad’s case are that, the accused therein borrowed an amount of Rs. 5.00 lakhs from the complainant, and towards discharge of liability issued Ex.P.1cheque. The Court at first instance has acquitted the accused, aggrieved thereby complainant has approached the Hon’ble High Court. The Hon’ble High Court has held that complainant failed to prove his financial capacity much less to lend amount of Rs.5.00 lakhs, nonfiling of I.T Returns and ultimately dismissed the appeal.
Coming to the case on hand, PW.1 has admitted that he is an
Income Tax Assessee since 2000, but did not file any document to show that the transaction is shown in Income Tax Returns. Though PW.1 has not filed
Income Tax Returns, but the admissions made by DW.2 in her cross examination that they executed Ex.P.3 and Ex.P.4 after receipt of the amount goes in favour of the Complainant/PW.1 and moreover, accused has admitted his signature on Ex.P.1. DW.2 is a B.Tech student and she knows the repracations of signing as a witness. The facts in the above case and the facts in the present case are not one and the same, hence the same is not applicable.
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Hence, the Point Nos 1 and 2 are answered against the appellants/accused and in favour of the complainant.
Point No.3:
30In view of my discussions in Point Nos. 1 and 2, and on perusal of the judgment of the trial Court, I hold that trial Court rightly came to a conclusion and convicted the accused. Hence, I am not inclined to interfere with the Judgment of the trial Court and this Point is answered accordingly.
Point No.4 31In the result, the Appeal is dismissed under Section 386 of Cr.P.C., by confirming the Judgment passed by the XXV Special Magistrate, Hyderabad in C.C.
No. 3 of 2016 (Old C.C No. 585 of 2015), dated 16022017. The trial Court is directed to take necessary steps against the accused immediately for serving out the sentence.
Dictated to the Stenographer of this Court, transcribed and typed by her,
corrected and pronounced by me in the open court, on this day 4 th day of February, 2019.
Sd/B.R.Madhusudhan Rao
VII ADLL., METROPOLITAN SESSIONS JUDGE,
HYDERABAD.
IN THE COURT OF THE ADDL. METROPOLITAN SESSIONS JUDGE FOR
TRIAL OF COMMUNAL OFFENCE CASES CUM VII ADDL.
METROPOLITAN SESSIONS JUDGE: HYDERABAD.
Present: B.R.Madhusudhan Rao, VII Addl. Metropolitan Sessions Judge, Hyderabad.
Dated this the 04th day of February, 2019.
CRIMINAL APPEAL No. 276 of 2017
From which court this appeal is preferredXXV Special Magistrate, Hyderabad. Number of the case in that CourtC.C.No.03 of 2016 Number of the appealCrl. Appeal No.276 of 2017 Name and description of the J.Kankaiah, S/o.Rangaiah, Age: 45 yrs, Occ: appellant/AccusedScrab Business, R/o.H.No.8-2-684/49/C, N.B.T.Nagar, Banjarahills, Hyderabad. Name and description of the Sardar Dalip Singh Chahal, S/o.Late Sardar respondent/ComplainantSobha Singh Chahal, Age: 45 yrs, Occ: Business, R/o.H.No.6-2-964, Chintal Basthi, Khairatabad, Hyderabad. The sentence and law under which convictionAccused is found guilty for the offence under was imposed in the lower court:Section 138 of N.I Act and convicted under Section 255 (2) Cr.P.C. The accused is sentenced to undergo rigorous imprisonment for one year and fine of Rs.5,000/-, in default SI for three months for the offence under Sec.138 of N.I. Act. Whether confirmed, modified or Reversed, ifIn the result, the Appeal is dismissed under modified the Modification:Section 386 of Cr.P.C., by confirming the Judgment passed by the XXV Special
Magistrate, Hyderabad in C.C. No. 3 of 2016
(Old C.C No. 585 of 2015), dated 16022017. The trial Court is directed to take necessary steps against the accused immediately for serving out the sentence.
DATE OF OR ON WHICH
Presentation10-03-2017 Filing10-03-2017 Notice issued by the Court14-03-2017 Bail bond if appellant is let out on bail -- Appellant is ordered to be appear25-04-2017 Hearing09-01-2019 JUDGMENT04-02-2019
This appeal came before me for hearing on 09-01-2019, upon perusing the petition and record of evidence and proceedings and of appeal and upon duly considering the same after hearing the arguments of Sri T.Sriranga Rao, Counsel for the Appellant/Accused and Sri N.Lakshmi Narayana, Counsel for the Respondent/Complainant and having stood over for consideration till this day this court delivered the following: -: J U D G M E N T:- 01 Appellant/Accused has preferred the present appeal aggrieved by the Judgment in C.C No. 3 of 2016 (Old C.C.No. 585 of 2015), dated 16022017 on the file of XXV Special Magistrate, Hyderabad.
2 02Appellant is the Accused and the respondent is the complainant
before the trial court. For the sake of convenience, the parties will be
hereinafter referred to as Complainant and Accused.
03The brief averments of the complaint are as under:
(a)The complainant is a businessman doing civil works and he has acquaintance with the accused and also friendship. Accused has approached the complainant for hand loan for his business and family necessities.
Complainant has advanced hand loan in cash at his residence to a tune of Rs.
9.00 lakhs on 04092013 (Ex.P.3). Accused has further taken hand loan from the complainant on 10092013 to a tune of Rs. 6.00 lakhs (Ex.P.4), the complainant has paid the amounts in cash and the accused has executed promissory notes to that effect agreeing to pay the above said amounts with interest within a period of three months ie by December, 2013. Accused failed to pay the interest and the principle amounts from January, 2014. The accused is due an amount of Rs. 17,80,000/ towards two promissory notes with interest thereon. On the repeated demands made by the complainant, the accused has got issued a cheque bearing No. 519218, dated 01082015, drawn on Bank of Maharashtra, Khairatabad branch, Hyderabad, for an amount of Rs. 17,80,000/ (Ex.P.1) which includes principle and interest.
Complainant has presented the cheque in his Bank and the same is returned on 25082015 with reason funds insufficient. Complainant has got issued legal notice on 13092015 (Ex.P.5) calling the accused to pay an amount of
Rs. 17,80,000/. Accused received the legal notice on 14092015 and issued reply on 01102015 (Ex.P.8) with false allegations, and thereafter, he filed the complaint against the accused.
04On appearance of the Accused, trial court has furnished the copies as contemplated under Sec. 207 of Cr.P.C. Accused was examined under Section 251 of Cr.P.C., and he stated that he paid the entire amount and further contended that he did not commit any offence.
05During the course of trial, complainant is examined as P.W.1 and got marked P.1 to P.9. After closure of the complainant evidence, Accused is examined under Section 313 of Cr.P.C, and the incriminating evidence is put forth to him, he denied the entire evidence in TOTO and reported defence evidence.
3
Accused examined his wife as DW.1 and his daughter is examined as DW.2.
06After fullfledged trial, the trial Court has convicted the accused and sentenced to undergo rigorous imprisonment for a period of one (1) year and pay fine of Rs. 5,000/, in default simple imprisonment for three (3) months.
07Aggrieved by the Judgment of the trial court, appellant/accused has preferred the present appeal on the following grounds:
1. The trial Court failed to consider that the complainant failed to discharge initial burden about lending of Rs. 15.00 lakhs to the appellant/accused, complainant has not placed documentary evidence to substantiate his contention about lending of Rs. 15.00 lakhs in cash to the accused on two occasions ie on 04092013 and 10092013.
2. The trial Court failed to take into consideration that no prudent man will advance such huge amounts to the person who is doing scrap business in rented mulgi of the complainant, the trial Court wrongly came to a conclusion that the complainant is having capacity to lend Rs. 15.00 lakhs to the accused in spite of the fact that the complainant failed to examine any witness in support of his case and in whose presence he lend such huge amount.
3. The trial Court failed to notice that the complainant has not placed any documents that he is having Rs. 15.00 lakhs cash with him to pay the same to he accused.
4. The trial Court failed to notice that the complainant is an income tax assessee since long time, he has not shown the alleged transaction in his Income Tax Returns and there is no averments in the complaint that he has paid Rs. 15.00 lakhs to the accused in the presence of the witnesses.
5. The trail Court failed to consider the evidence of D.Ws 1 and 2 that accused has taken hand loan from the complainant in the Year 2008, during that time, complainant has taken signed pronotes, cheques, signed stamp papers and also kept the originals of house bearing No. 82684/49/C, situated at N.B.T Nagar, Banjara Hills, Hyderabad, the accused has specifically contended in Ex.P.8reply notice that Ex.P.1 cheque is given towards security.
6. The trial Court failed to notice the admissions made by PW.1 that he is an income tax assessee but did not disclose the alleged transaction in his income tax returns, and nonfiling of income tax returns goes to show that Ex.P.1cheque is not issued towards discharge of legally enforceable debt and it has to be treated as uncounted money.
4
7. The trial Judge failed to consider that the complainant failed to prove his case beyond reasonable doubt in fact the accused has proved his case by rebutting the presumptions available under Sections 119 and 139 of Negotiable Instruments Act, and prayed to set aside the Judgment dated 16022017 in C.C No. 3 of 2016. 08Heard both counsels. Perused the record. 09Now the points for determination are
1. Whether the complainant could able to prove that Ex.P.1cheque is issued by the accused towards discharge of legally enforceable debt?
2. Whether the accused could able to prove that Exs. P.1, P.3, P.4 are issued to the complainant towards security?
3. Whether the Judgment of the trial Court is sustainable under law and the same is liable to be set aside? If so,
4. To what relief? 10Learned Counsel for the appellant/accused contended that the complainant/PW.1 failed to examine any independent witnesses to support his contention that he has lent an amount of Rs. 9.00 lakhs on 04092013,
Rs. 6.00 lakhs on 10092013 and no documents are filed by the complainant/PW.1 to show that he was having ready cash in his hand to pay to the appellant/accused.
Counsel further contended that the accused has got issued reply under Ex.P.8 wherein he specifically stated that he is the tenant of the shop bearing Municipal No. 62965, Chintal Basthi, Khairatabad, Hyderabad of the complainant since 1995 to 2013, and in the Year 2013, he was forced to vacate the premises and the cheque is obtained by the complainant towards security in the year 2008, Ex.P.1 is not issued by the accused to the complainant towards discharge of legally enforceable debt.
11The defence of appellant/accused in the crossexamination of
PW.1 is that the accused has borrowed the amount of Rs. 1.00 lakhs from the complainant in the Year 2008, during that time, the complainant has obtained blank promissory notes, blank signed cheques, blank signed white papers, and bank signed nonjudicial papers and kept the originals of the house property of the accused bearing No. 82684/49/C, situated at N.B.T
Nagar, Banjara Hills, Hyderabad, and that the accused has repaid the above said amount with interest on 27032015 by lifting the chit from Margadarshi
Chit Fund, after repayment the complainant failed to return back the above said documents.
5 12Learned Counsel, during the course of arguments, contended that the complainant/PW.1 has admitted that he paid the amount in cash on two occasions and he is an income tax assessee, but failed to file the returns nor examined independent witness to substantiate his contention that Exs.
P.3 and P.4 are executed by the accused and relied on the following decisions:
(1) Vallabhaneni Srinivasa Rao Vs Mangalapudi Venkateshwarlu and another 1 ,observed atPara No.15 as under:
Para No.15:
“The version of P.Ws 1 and 2 being inconsistent with each other and the contents of Ex.P.5 giving a totally a different picture of the case. It cannot be said that the complainant was able to establish his case beyond reasonable doubt. On the other hand, the accused was able to prove his case by preponderance of probabilities. It is true that the accused took a plea that the cheque, which was given to one Vishnu Mohan due to business dealings, was misused by the complainant. The accused did not lead any evidence to show the nature of the business dealings, but the evidence of PW.1 would show that the said Vishnu Mohan took the petrol bunk of the accused on lease. However, he denies about his knowledge with regard to disputes between Vishnu Mohan and one RamaRao and the blank cheque given by the accused to Vishnu Mohan in the business transactions, was in turn given to complainant for filing the complaint. In any event, if really, an amount of Rs. 1,20,000/ was given as hand loan, the complainant would have taken definitely a pronote acknowledging the receipt of the same. No document was produced before the Court to show the receipt of money by the accused. PW.1 being the businessman would not have lent money without taking any documents in proof of the same. Though PW.1 in his evidence tried to contend that the amount was shownin his accounts maintained in the showroom and also in the income tax returns filed by him, but no effort was made to produce the same before the Court. Therefore, a doubt arises as to whether PW.1 has lent above amount as hand loan to the accused.” (2)K. Krishna Reddy Vs K. Rajender and another 2 , observed at
Para No.4 as under:
_______________ 1 2015 (2) ALD (Crl.) 510, 2 2012 (1) ALD (Crl.) 934 (AP) 6
Para No.4:
“On the offence being taken cognizance after recording the sworn statement of the complainant, copies of documents were furnished to the accused on his entering appearance. He denied the offence when he was examined under Section 251 of the Code of Criminal Procedure and during trial, P.Ws 1 to 3 were examined and Exs. P.1 to P.7 were marked. The accused denied the incriminating circumstances appearing in the evidence when he was examined under Section 313 of the Code of Criminal Procedure and examined himself as DW.1 and marked Exs. D.1 to D.10 in defence.” (3)InSanjay Mishra Vs Ms. Kanishka Kapoor @ Nikki and another 3 , observed at Para No.7 as under:
Para No.7:
“It is true that merely because amount advanced is not shown in Income Tax Return, in every case, one cannot jump to the conclusion that the presumption under Section 139 of the said Act stands rebutted. There may be cases where a small amount less than a sum of Rs. 20,000/ is advanced in cash by way of loan which may be repayable within few days or within few months. A complainant may not show the said amount in the Income Tax Return as it is repayable within few days or few months in the same financial year. In such a case the failure to show the amount in the Income Tax Return may not by itself amount to rebuttal of presumption under Section 139 of the said Act. If in a given case the amount advanced by the complainant to the accused is a large amount and is not repayable within few months, the failure to disclose the amount in Income Tax Return or Books of Accounts of the complainant may be sufficient to rebut the presumption under Section 139 of the said Act.” (4) In R. Chennakesava Rao Vs P. Laxmi Narasaiah and another 4 , observedat ParaNo. 35 as under:
Para No.35: “Yet, a crucial aspect in this case is that the complainant is an income tax assessee and money lender, but he did not disclose this amount in his income tax returns and that such admission itself is suffice to conclude that the amount lent, if any, is unaccounted money. When the cheques were not issued towards discharge of 32009 CRI. L. J. 3777 4 2017 (2) ALT (Crl.) 279 (AP) 7 legally enforceable debt, it is for the accused to rebut the presumption under Section 139 of N.I Act and when the complainant admitted that the amount was not disclosed in the income tax returns, it would be unaccounted money and thereby it is not legally recoverable.” (5)In N.Narsamma Vs Chinna Mukkiranna and another 5 , observedat
Para No.12 as under:
Para No.12: “In the case in hand, there is no piece of paper that the complainant advanced the amount to the accused and the accused indebted to complainant for the alleged amount. According to the complaint allegations, the accused executed a promissory note on 18092009 for Rs. 1,50,000/ at the rate of 24% interest per annum. But, the appellant/complainant did not file the said promissory note to prove her contention.” (6)In K. Venkata Kishna Prasad Vs Peram Sai Swarupa and another 6 , observedat Para No.13 as under:
Para No.13: “The complainant failed to prove his financial capacity, much less to lend amount of Rs. 5.00 lakhs as on the date of Ex.P.1, non examination of attestor and scribe, nonfiling of any Income Tax Returns, showing the debt covered under Ex.P.1, discrepancy with regard to the mode of payment under Ex.P.1, paid to the accused that is two versions of PW.1, with Ex.P.4, the evidence of DW.1, the serial number of the cheque involved in the present case along with C.C.No.516 of 2015 are side by side in nature and in view of the decisions cited supra, the Court below concluded that the complainant has failed to prove the legally enforceable debt existing between him and the respondent No.1/accused.” 13The evidence of PW.1 (Sardar Dilip Singh Chahal) is the replica of his complaint and legal notice contents, he got marked Ex.P.1 cheque bearing No. 519218 for Rs. 17,80,000/, dated 01082015, Ex.P.2 cheque return memo dated 25082015, Ex.P.3 – promissory note for Rs. 9.00 lakhs
dated 04092013, Ex.P.4 – promissory note for Rs. 6.00 lakhs dated 1009
2013, Ex.P.5 office copy of legal notice dated 13092013, Ex.P.6 – postal receipt dated 13092015, Ex.P.7 – postal acknowledgment card dated 1409 ____________________________ 5 2017 (1) ALT (Crl.) 221 (A.P) 6 2017 (1) ALT (Crl.) 259 (A.P.), 8 2015, Ex.P.8 – reply notice dated 01102015 and Ex.P.9 – Judgment in O.S
No. 1742 of 2015 dated 02062016.
14During his crossexamination, he stated as under:
I have not issued any rejoinder to Ex.P.8 and I am having account in
H.D.F.C Bank, Lakdikapool branch, I have not filed any document to show that I had Rs. 15.00 lakhs as on 10092013 and I am doing civil works business from the past 9 years.
It is true it is not my case that I withdrew an amount of Rs. 9.00 lakhs and Rs. 6.00 lakhs from the bank, I am an Income Tax Assessee since 2000, it is true I have not paid the amount through the cheques and it is not my case, I am aware that more than Rs. 20,000/ cash must be through cheque or Demand Draft. Witness adds that he came to know about the said facts after filing the case.
It is true it is not my case that I have shown this transaction in Income
Tax Returns.
It is true I have not stated in my complaint that from where I have procured the amount, it is true the names of the witnesses were not shown in the complaint and in whose presence amount is paid to the accused. So also did not mentioned the names of the witnesses in the complaint.
It is true after filing O.S No. 1742 of 2015 under Ex.P.9 on the file of
VII Junior Civil Judge by the accused against him and others he presented the subject cheque into his account, thereafter filed the present case.
The municipal No. 62965, Chintal Basthi, Khairatabad belongs to my paternal uncle and the accused was tenant in the said shop, accused is doing scrap business in the said shop and he do not know that he vacated the same in the year 2013.
It is true the signature of the accused is in Telugu, and he presented
Ex.P.1 – cheque on 25082015.
PW.1 denied the suggestion that the accused has borrowed Rs. 1.00 lakh from him and during the course of transaction, he has obtained signed blank pronotes, signed cheques and signed nonjudicial papers and also original documents of house bearing No. 82684/49/C, at N.B.T Nagar and after 9 repayment he failed to return the above said document. PW.1 has also denied the suggested that he has no capacity to lend an amount of Rs. 15.00 lakhs to the accused and except the signatures on Exs. P.1 and P.3 other writings are filled by him. PW.1 has also denied the suggestion that the accused has not given any instructions to fill the contents of Ex.P.1.
15DW.1 (Smt. J. Kanaka Laxmi) is the wife of the accused and she deposed that they are the tenants and running the scrap business since 20 years and they purchase old news papers, empty bottles and old iron material and sell them. Witness signatures on Ex.P.3 and Ex.P.4 promissory notes belongs to her and to her daughter. Accused has not paid an amount of
Rs. 9.00 lakhs on 01092016 and Rs. 6.00 lakhs on 10092013 either in her presence or in the presence of her daughter, their signatures were obtained by the complainant on a blank five promissory notes and on five cheques, 100 rupees bond paper and also taken the originals of property documents.
In the year 2008 the accused has borrowed Rs. 1.00 lakh from the complainant and during that time the above said documents were given to the complainant towards security, in the year 2015 they have repaid the amount with interest @ Rs. 5,000/ per month, when they requested the complainant to return the documents after paying the amount he did not return the same and they have no necessity to borrow Rs. 15.00 lakhs for their business.
During her crossexamination she stated that the shop in which they are running scrap business do not have any house number and she is an illiterate, accused is also an illiterate, when her husband/accused has borrowed Rs. 1.00 lakh from the complainant they have given five promissory notes to the complainant and she knows her husband has filed
O.S No.1742 of 2015 and it was dismissed, either herself or the accused did
not take any document from the complainant when they repaid the amount, accused did not give police complaint against the complainant for nonreturn of the documents, they did not lodge police complaint against the complainant with regard to the promissory notes which are in his possession and she or the accused did not file police complaint regarding the original documents of their house property in the possession of the
Complainant/PW.1. She denied the suggestion that the accused has executed 10
Exs. P.3 and P.4 in favour of the complainant and towards discharge of debt, he issued Ex.P.1cheque.
16DW.2 (Kum.J. Srilatha) is the daughter of the accused. She deposed that the accused used to run his shop in the house of the complainant as tenant and she identified the signatures of the accused, DW.1 on Exs. P.3 and P.4, at the time of signing on Exs. P.3 and P.4 they were blank and the accused did not borrow Rs. 9.00 lakhs and Rs. 6.00 lakhs from the complainant, accused has borrowed only Rs. 1.00 lakh in the year 2008, complainant has obtained the signatures of the accused on blank cheque and the accused has not issued Ex.P.1cheque for Rs. 17,80,000/ in the year 2015.
In her crossexamination she stated that she is studying B.Tech
III Year, in the year 2013 she was studying B.Tech I Year, generally she will not sign on any blank paper, it is true after taking the amount only I signed as attesting witness. Witness adds that after taking the signature by the complainant, herself and DW.1 left the place and she do not know whether the accused took the amount or not and she further admitted that the accused has filed civil suit in O.S No. 1742 of 2015 against the complainant and others and the accused has stated in the said suit that he borrowed Rs.
8.00 lakhs from the defendant No.1 (D.Satish) and she knows that the accused borrowed the amount for his business purpose, she further stated in her crossexamination that the accused did not take any receipt from the complainant after paying the amount nor accused gave any police report with regard to nonissuance of receipt. DW.2 has denied the suggestion that accused has borrowed Rs. 9.00 lakhs and Rs. 6.00 lakhs under Exs. P.3 and
P.4 and issued Ex.P.1cheque and she is giving false evidence.
17Ex.P.9 is the Judgment in O.S No. 1742 of 2015, dated 0206 2016. It is the case of the plaintiff that the complainant and three others are interfering with his daytoday affairs and sought for permanent injunction restraining the defendants their henchmen or their person from interfering or entering into the plaintiff life and the house property ie house bearing No.
82684/49/C, ad measuring 100 square yards situated at Banjara Hills,
Hyderabad. Accused has pleaded in the civil suit that he has taken the hand 11 loan of Rs. 8.00 lakhs from D. Satish in the year 2008 and returned the total amount with interest to him on 28032014. It is the further contention of the plaintiff that he is the tenant of the complainant in house bearing No.
62965, Chintal Basthi, Khairatabad since 1995 to 2013, in the year 2000 to 2004, he has taken hand loan from the complainant and two others. During that time, complainant has taken house papers, blank signed cheques and blank signed stamp papers towards security, but he has not returned the said papers to the accused even after clearing the amounts.
18The suit filed by the accused is dismissed on 02062016 that he failed to prove his case. Ex.P.1 is dated 01082015 and the suit filed by the accused is on 06082015 ie after five days of executing Ex.P.1cheque.
Accused has admitted that Ex.P.1 bears his signature. It is the specific case of the complainant/PW.1 that accused has borrowed Rs. 9.00 lakhs under
Ex.P.3 and Rs. 6.00 lakhs under Ex.P.4 and after repeated demands made by the complainant, he got issued Ex.P.1cheque on 01082015. Ex.P.1 is deposited in the bank, and the same is returned under Ex.P.2 on 25082015 as funds insufficient. Accused in his reply notice under Ex.P.8 has contended that he is the tenant of the complainant wherein he is running a scrap business at shop bearing No. 62965. PW.1 has stated in his cross examination that municipal bearing No.62965 belongs to his paternal uncle and the accused was the tenant in the said shop. The contention of the accused is that the complainant is the owner of the above said building is not proved by the accused. Accused has contended in Ex.P.8 that cheque is issued towards security in the year 2008. At one breath the accused has contended that Ex.P.1 is issued towards security in the year 2008 whereas coming to the Judgment in O.S No. 1742 of 2015 under Ex.P.9 wherein the accused has contended that in the year 2000 to 2004 he has taken loan and he has issued blank signed cheques, promissory notes. The defence of the accused is inconsistent in so far as issuance of blank cheques and promissory notes are concerned.
19PW.1, though, admitted in his crossexamination that he has paid the amount covered under Exs. P.3 and P.4 in cash and also admitted that he did not refer the names of the witnesses in the complaint or in the chiefexamination affidavit. Accused has admitted his signature in Exs. P.1, 12
P.3 and P.4. DW.1 is the wife of the accused, DW.2 is the daughter of the accused, they have also admitted that the accused’s signature is appearing on
Exs. P.1, P.3, P.4 and they have acted as witnesses to Exs. P.3 and P.4. The evidence of D.Ws 1 and 2 is that the accused has borrowed an amount of Rs.
1.00 lakh in the year 2008 and during that time, blank cheques, blank promissory notes are taken by the complainant and they have paid the amount in the year 2015 with interest @ Rs. 5,000/ per month. DW.1, during her crossexamination, admitted that the accused and herself did not take any action against the complainant nor they lodged police report for return of the blank papers. DW.1 has admitted in her cross examination that she never signed on any paper without knowing the contents. DW.2 has also admitted in her crossexamination that generally she will not sign on blank papers and she further stated that after taking the amount only they signed as attesting witnesses. Witness has voluntarily stated that she do not know whether the accused has taken the amount or not.
20At one breath DW.2 stated that in the year 2015 the accused has repaid the amount. Whereas in Ex.P.8, it is stated, that the accused has vacated the premises in the year 2013 itself. It is also further stated in Ex.P.8 that the accused has paid the entire amount to the complainant by lifting the chit in Margadarshi Chit Fund on 27032015. If really the accused has paid the amount to the complainant, definitely he would have taken recourse against the complainant for return of the empty pronotes, empty cheques and empty stamped papers. D.Ws 1 and 2 have admitted in their cross examinations that so far they have not initiated any proceedings against the complainant for not returning the original deeds of their house and empty blank cheques and empty promissory notes. Accused is in the habit of borrowing amount which is evident from Ex.P.9. It is mentioned in Para
No.2 of Ex.P.9 that the Plaintiff/Accused has taken hand loan of Rs. 8.00 lakhs from Defendant No.1 (D.Satish) which itself goes to show that the accused used to take huge amounts for his business purpose. Admission made by the accused coupled with the admission made by DW.1 that they do not sign on the papers without knowing the contents goes against their case.
DW.2 has gone further and gave an explanation that she does not know whether the accused has taken the amount covered under Exs. P.3 and P.4.
The explanation offered by DW.2 does not support the case of the accused.
13 21Though PW.1 made admissions in his crossexamination that he did not file Income Tax Returns and not placed any document to show the source of his income to lend such huge amounts to the accused. The complainant has stated in his complaint and also stated in his cross examination that he is doing business in civil works. In view of the admissions made by the accused, D.Ws 1 and 2, I hold that the complainant has capacity to lend amounts to the accused. The accused failed to rebut the presumptions that Exs. P.1, P.3 and P.4 are issued towards security. In absence of any evidence from the accused side, it cannot be believed, that
Ex.P.1 is not issued by the accused towards discharge of legally enforceable doubt.
22In a decision in between Datchyutha Reddy Vs State of A.P. 7 , observed at Para No.16 as under:
Para No.16: “A question came up for consideration before this court, whether the body of the cheque was required to be in the hand writing of the maker of it. In Gorantla Venkateswara Rao’s case, a learned single Judge of this Court after a detailed survey of various decisions of this court has held that the legal position on this aspect is very clear that the body of the cheque need not necessarily be written by the accused and it can be in the handwriting of anybody else or typed on a type machine, so long as the accused does not dispute the genuineness of the signature on the cheque. What is material is signature of drawer or maker and not the body writing, hence, the dispute relating to body writing has no significance. It is not mandatory and no law prescribes that the body of the cheque should also be written by the signatory to the cheque. A cheque could be filled up by anybody if it is signed by the account holder of the cheque.” 23It is suggested to PW.1 in the crossexamination that the accused has not given any instructions to fill the contents of Ex.P.1 and present the same in the bank. In view of the decision stated supra, this Court is of the view that Ex.P.1 is issued by the accused towards discharge of legally enforceable debt, moreover, he admitted his signature on the cheque. The accused to avoid the liability covered under Ex.P.1 which is executed on 01 082015 has filed a suit in O.S No. 1742 of 2015 before the VII Jr.Civil Judge, ____________________ 7 2009 LawSuit(AP) 550 14
City Civil Court, Hyderabad on 06082015 ie after five days of execution of
Ex.P.1.
24The facts in Vallabhaneni Srinivasa Rao’s case are that the complainant therein has initiated the proceedings under Section 138 of
Negotiable Instruments Act contending that the accused has borrowed an amount of Rs. 1,20,000/ and got issued a cheque. During the course of evidence, he examined himself as PW.1 and examined his brotherinlaw as
PW.2 wherein they got marked Ex.P.5 and there were contradictions in the evidence of P.Ws 1 and 2 and also about genuinity of Ex.P.5, the trial Court has acquitted the accused for the offence under Section 138 of Negotiable
Instruments Act and the matter has been carried before the Hon’ble High
Court and the Hon’ble High Court has dismissed the appeal holding that there are contradictions in the evidence of P.Ws 1 and 2.
Coming to the case on hand, complainant/PW.1 has filed Exs.
P.3 and P.4 pronotes and the accused has admitted his signatures on Exs.
P.1, P.3 and P.4. The facts in the above said decision and the facts in the present case are not one and the same. Hence, the same is not applicable to the case on hand.
25The facts in K. Krishna Reddy’s case are that the complainant therein has filed a private complaint against the accused contending that an amount of Rs.7,50,000/ is paid to the accused, on repeated demands, the accused has issued a cheque for the above said amount. The court at first instance has convicted the accused. Accused has carried the matter in
Appeal, and the Appellate Court has setaside the conviction. The complainant has approached the Hon’ble High Court and the Hon’ble High
Court has held that the complainant did not file any documents to construe that there was any legally enforceable debt and the signature, the contents of cheque were in different ink and Ex.P.4promissory note was not filed along with the complaint and ultimately dismissed the appeal filed by the complainant.
15
Coming to the case on hand, complainant/PW.1 has filed Exs. P.3 and
P.4 pronotes and also filed Ex.P.1cheque. The facts in the above said decision and the facts in the present case are not one and the same. Hence, the same is not applicable to the case on hand.
26The facts in Sanjay Mishra’s case are that the complainant therein has failed to prove that she advanced a friendly loan of Rs. 15.00 lakhs to the respondent therein and executed hundi on September, 2004 and also issued a cheque dated 28122004. The first Court has acquitted the accused and the complainant has approached the Hon’ble High Court at
Bombay. The Hon’ble High Court has held that the entire amount was given in cash and he had not disclosed the amount in the Income Tax Returns after giving the loan till date and dismiss the appeal filed by the complainant.
Coming to the case on hand, D.Ws 1 and 2 have admitted in their crossexaminations that they are not in the habit of signing the promissory note without knowing their contents. DW.2 is a B.Tech student, studying in 1st year during the transaction covered under Exs. P.3 and P.4 wherein she has admitted that after receiving the amount only she has signed as a witness to Exs. P.3 and P.4. This admissions go against the case of the accused. The facts in the above said decision and the facts in the present case are not one and the same. Hence, the same is not applicable to the case on hand.
27The facts in R.Chennakesava Rao’s case are that the complainant therein has lent an amount of Rs. 1.00 lakh each to the accused on two occasions, after full fledged trial, the Court at first instance has acquitted the accused, aggrieved thereby, the complainant has approached
Hon’ble High Court wherein the Hon’ble High Court has held that the
complainant has not filed any documentary evidence that he advanced
Rs. 1.00 lakh on 02052011 and again Rs. 1.00 lakh to the accused on 07 092011. PW.1 therein has admitted that apart from the accused he has lent amount to two more persons and the Hon’ble High Court has dismissed the appeal filed by the complainant.
Coming to the case on hand, accused did not lead any evidence to prove that the complainant/PW.1 is doing money lending business and no material is placed before this Court to come to a conclusion that the complainant is a money lender. The facts in the above said decision and the 16 facts in the present case are not one and the same. Hence, the same is not applicable to the case on hand.
28The facts in N. Narsamma’s case are that the complainant has filed a private complaint under Section 138 of Negotiable Instruments Act against the accused contending that she has advanced an amount of Rs.
1,50,000/ towards loan to the respondent, in turn, the accused has issued a cheque on 20092010. After full trial, the Court at first instance has acquitted the accused, aggrieved thereby the complainant therein has approached the Hon’ble High Court and the Hon’ble High Court has held that there is no piece of paper that the complainant has advanced the amount to the accused and the complainant did not file the promissory note alleged to be executed by the accused therein and dismiss the appeal.
Coming to the case on hand, complainant/PW.1 has filed Exs.
P.3 and P.4 pronotes in support of his contention that the accused has borrowed the amounts on two spells. The facts in the above said decision and the facts in the present case are not one and the same. Hence, the same is not applicable to the case on hand.
29The facts in K. Venkata Krishna Prasad’s case are that, the accused therein borrowed an amount of Rs. 5.00 lakhs from the complainant, and towards discharge of liability issued Ex.P.1cheque. The Court at first instance has acquitted the accused, aggrieved thereby complainant has approached the Hon’ble High Court. The Hon’ble High Court has held that complainant failed to prove his financial capacity much less to lend amount of Rs.5.00 lakhs, nonfiling of I.T Returns and ultimately dismissed the appeal.
Coming to the case on hand, PW.1 has admitted that he is an
Income Tax Assessee since 2000, but did not file any document to show that the transaction is shown in Income Tax Returns. Though PW.1 has not filed
Income Tax Returns, but the admissions made by DW.2 in her cross examination that they executed Ex.P.3 and Ex.P.4 after receipt of the amount goes in favour of the Complainant/PW.1 and moreover, accused has admitted his signature on Ex.P.1. DW.2 is a B.Tech student and she knows the repracations of signing as a witness. The facts in the above case and the facts in the present case are not one and the same, hence the same is not applicable.
17
Hence, the Point Nos 1 and 2 are answered against the appellants/accused and in favour of the complainant.
Point No.3:
30In view of my discussions in Point Nos. 1 and 2, and on perusal of the judgment of the trial Court, I hold that trial Court rightly came to a conclusion and convicted the accused. Hence, I am not inclined to interfere with the Judgment of the trial Court and this Point is answered accordingly.
Point No.4 31In the result, the Appeal is dismissed under Section 386 of Cr.P.C., by confirming the Judgment passed by the XXV Special Magistrate, Hyderabad in C.C.
No. 3 of 2016 (Old C.C No. 585 of 2015), dated 16022017. The trial Court is directed to take necessary steps against the accused immediately for serving out the sentence.
Dictated to the Stenographer of this Court, transcribed and typed by her,
corrected and pronounced by me in the open court, on this day 4 th day of February, 2019.
Sd/B.R.Madhusudhan Rao
VII ADLL., METROPOLITAN SESSIONS JUDGE,
HYDERABAD.
IN THE COURT OF THE ADDL. METROPOLITAN SESSIONS JUDGE FOR
TRIAL OF COMMUNAL OFFENCE CASES CUM VII ADDL.
METROPOLITAN SESSIONS JUDGE; HYDERABAD.
Present: B.R.Madhusudhan Rao VII Addl. Metropolitan Sessions Judge, Hyderabad.
Dated this the 05th day of February, 2019.
CRIMINAL APPEAL No.481 of 2016
From which court this appeal is preferredIII Additional Chief Metropolitan Magistrate, Hyderabad. Number of the case in that CourtC.C.No.755 of 2004 Number of the appealCrl. Appeal No. 481 of 2016 NameanddescriptionoftheA1-M/s.Pharmex Drugs (India) Pvt.Ltd., D-22, appellants/accused no.1, 2, 4 to 6.Sector 17, Kavinagar Industrial Area, Ghaziabad, Rep.by its Director, Shiwaram Pandey. A2-Shivaram Pandey, S/o.late Rajbali Pandey, Occ: Director of A1. A4-Ramesh Prasad Pandey, S/o.late Rajbali Pandey, Occ: Director of A1. A5-Ashok Kumar Pandey, S/o.Dayaram Pandey, Occ: Director of A1. A6-Ravindernath Pandey, S/o.K.N.Pandey, Occ: Director of A1. Address for all: D-22, Sector 17, Kavinagar Industrial Area, Ghaziabad, U.P. NameanddescriptionoftheThe State of Telangana represented by Drug respondent/complainant.Inspector, Chittoor. The sentence and law under which convictionIn the result, the accused (A1, A2, A4 to A6) are was imposed in the lower court:convicted under Sec.255(2) Cr.P.C., for the offence under Sec.18(a)(i) read with Sec.27(d) of the Drugs and Cosmetics Act, 1940. A3 is reported to have died and the case against him was already abated. A1, A2, A4 to A6 are sentenced to undergo RI for Six months and to pay a fine of Rs.10,000/- each and in default of payment of fine, to suffer SI for one month. Whether confirmed, modified or Reversed, ifIn the result, the appeal is allowed. modified the Modification:Appellants/Accused Nos.1, 2, 4, 5 and 6 are found not guilty. Conviction and sentence passed by III Addl., Chief Metropolitan
Magistrate, Hyderabad in C.C. No. 755 of
2004, dated 11052016 is set aside and the Appellants/Accused Nos.1, 2, 4, 5 and 6 are hereby acquitted for the offences under Sections 18 (a) (i) read with Section 27 (d) of the Drugs and Cosmetics Act, 1940. Fine amount, if any, paid by the Appellants/Accused shall be refunded to them after the appeal time is over.
DATE OF OR ON WHICH
Presentation31-05-2016 Filing01-06-2016
Notice issued by the Court02-06-2016 Bail bond if appellant is let out on bail -- Appellant is ordered to be appear01-07-2016 Hearing09-01-2019 JUDGMENT05-02-2019
This appeal came before me for hearing on 09-01-2019, upon perusing the petition and record of evidence and proceedings and of appeal and upon duly considering the same after hearing the arguments of M/s.D.Vijay Kumar, Counsel for the Appellants/Accused and of Smt.P.Shailaja, Addl. Public Prosecutor for Respondent/Complainant and having stood over for consideration till this day this court delivered the following: -: J U D G M E N T:- 01Appellant Nos. 1, 2, 4, 5 and 6 have filed the appeal aggrieved by the conviction in C.C No. 755 of 2004, dated 11052016.
02Appellants are Accused Nos. 1, 2, 4, 5 and 6 before the trial Court and the respondent is the complainant. For the sake of convenience, parties will be hereinafter referred to as complainant and the accused.
03The brief averments of the complaint are as under::
(a)The Drugs Inspector has filed a complaint before IV Additional
Judicial First Class Magistrate of Chittoor which is registered as C.C No. 260 of 1996 against Accused Nos 1 to 9 about commission of the offences under Sections 18(a)(i) read withd 27(d) of the Drugs and Cosmetics Act, 1940 for manufacturing and selling of Ibuprofen drug of not standard quality.
(b)Accused No.1 represented by Accused Nos. 2 to 6 is a pharmaceutical company engaged in manufacturing of drugs with valid licence having its Office at
Ghaziabad. Accused No.7 (K.Nageswara Rao) is the Proprietor of M/s. Venkata
Kishore Medical Distributors, Vijayawada having wholesale drugs licence. Accused
No.8 (P.Viswanatha Rao) is the Proprietor of M/s. Sapthagiri Medical Distributors having wholesale drugs licence. Accused No.9 (T.Raja Reddy) is the Proprietor of
M/s. Sri Ramakrishna Medicals, M.B.T Road, Bangarupalem having retailed drugs licence.
(c)On 09051995, complainant inspected M/s. Sri Ramakrishna
Medicals, M.B.T Road, Bangarupalem belonging to Accused No.9, collected 4 x 5 x 10 tables of Ibuprofen tablets IP 400 mg., with batch No. 45, manufactured by
Accused No.1 with manufacturing date as March1995, expiry date February1998 by duly entering the particulars in Form No.17 in the presence of Accused No.9.
Complainant has received a copy of Form No.17 along with sealed portion of the sampled drug and obtained acknowledgment from Accused No.9 (T.Raja Reddy).
3
Complainant offered to pay cost of drug, but Accused No.9 did not accept the same, on the same day, complainant has sent one of the sealed portions of the sampled drug to the Government Analyst, Regional Drug Control Laboratory, Vijayawada along with Form No.18 and memo. The Government Analyst has issued his opinion in Form No.13 bearing No. 270/A/95, dated 27071995 declaring that the drug is “not of standard quality”, and the sample did not confirm to the test for disintegration as per I.P specifications. Complainant vide letter dated 01081995, furnished a copy of the said report on the Government Analyst in Form No.13 to
Accused No.9 (Raja Reddy) requesting him to disclose the source of supply of drug as required under Section 18(A) of the Drugs and Cosmetics Act, 1940. Accused
No.9 (Raja Reddy) gave reply on 02081995 that he purchased the said drug from
Accused No.8 vide Bill No.319, dated 09041995. The complainant served the copy of analyst report and also a sealed portion of the drug sampled from the shop of Accused No.9 and Accused No.8 requested them to disclose the source of supply as required under Section 18(a) of the Act, after reminder, Accused No.8 gave reply on 18081995 informing that they have supplied the drug to Accused No.9 under
Bill No.319, dated 09041995 which was purchased from M/s. Venkata Kishore
Medical Distributors (Accused No.7) and the complainant has requested to disclose the source of supply of the said drug from Accused No.7, in turn, Accused No.7 by letter dated 26081995 informed the complainant that they purchased the said drug from Accused No.1 company under invoice No. 000078, dated 15031995.
(d)Complainant has addressed a letter dated 01091995 to Accused No.1 along with Form No.13, report of analyst and requested them to give particulars of supply of the drug to M/s. Venkata Kishore Medical Distributors with their licence particulars, manufacturing details of the drug, Ibuprofen tables I.P 400 mg and also the constitution of the firm along with the names and addresses of all the persons involved in the manufacturing of the drug to M/s. Venkata Kishore Medical
Distributors, Vijayawada informing that Accused Nos. 2 to 6 are its Directors.
Complainant has received a letter on 01071996 from Accused No.9 disclosing that he is the Proprietor of M/s. Rama Krishna Medicals, Bangarupalem enclosing the attested Bill No. 319, dated 09041995. Complainant has deposited the drug in the
Court and Accused Nos. 1 to 9 have committed the offences under Sections 18(a)(i) read with Section 27(d) of Drugs and Cosmetics Act, 1940.
4 04On appearance of Accused Nos. 1, 2 and 4 to 6, the trial Court has furnished the copies to the accused under Section 207 of Cr.P.C., and they were examined under Section 239 of CrPC, the accused have denied the accusations leveled against them, pleaded not guilty and claimed to be tried.
05Complainant is examined as PW.1, got marked Exs. P.1 to P.37. After closure of the complaidnant evidence, accused were examined under Section 313 of
Cr.P.C., and they denied the evidence in TOTO and they reported that they have defence evidence, but did not adduce any evidence.
06After full trial, Appellants/Accused Nos. 1, 2, 4 to 6 were convicted under Section 255 (2) of Cr.P.C., for the offences under Sections 18(a)(i) read with
Section 27(d) of the Drugs and Cosmetics Act,1940 and sentenced them to undergo
Rigorous Imprisonment for six (6) months and to pay fine of Rs. 10,000/ each and in default of payment of fine, to suffer simple imprisonment for one month, and the remand period undergone by the accused during investigation is given set off under
Section 428 of Cr.P.C., Accused No.1 being the company represented by Accused
No.2, Accused No.2 shall undergo sentence on behalf of Accused No.1.
07Aggrieved by the Judgment, Appellants/Accused Nos.1, 2, 4 to 6 have preferred the appeal on the following grounds:
1. The trial Court passed the Judgment without proper reasoning by observing assumptions and presumptions in favour of the complainant, and ought to have acquitted the accused.
2. The trial Court erroneously came to a conclusion that there are no legal infirmity or procedural irregularity in lifting the samples by PW.1 and sealing the same and sending to the Laboratory for analysis, PW.1 has admitted about procedural irregularity during his crossexamination.
3. The trail Court has failed to consider the mandatory provisions under
Section 21 of the Act, whether PW.1 is competent to lift the samples of any drug from the premises, and the prosecution has not filed any
Gazette Notification.
4. The trial Court has failed to consider the mandatory provisions of Section 20 of the Act and the person who Analized the drug is competent or not and failed to consider the settled law, and also failed to consider the crossexamination of PW.1 wherein he categorically admitted that he has 5 not filed any Gazette Notification appointing him as a Drug Inspector and also not filed Gazette Notification showing the appointment of
Analyst.
5. The trial Court has erroneously came to a conclusion that the accused did not seriously challenged lifting of the samples from the shop of
Accused No.9 by PW.1 in fact, PW.1 has admitted that he has not specifically mentioned in Form No.17 (Ex.P.4) that the drugs were stored in a proper storage condition. The conclusion of the trial Court is not in accordance with law.
6. The trial Court erroneously came to a conclusion that though opportunity is given to the accused to obtain second opinion to challenge the chemical analysis report before the Central Drugs Laboratories and
Accused No.1 was intimated under letter, dated 01091995 under
Ex.P.23. In fact Ex.P.23 is sent to Accused No.1 to furnish the particulars with regard to supply of the drugs.
7. The trial Court failed to notice that the prosecution has not examined any witness to support the evidence of PW.1 nor marked any material objects with regard to the seized drugs. The trial Court failed to consider that PW.1 has seized the drug and sent the sample to analyst on 0905 1995 from Chittoor to Vijayawada under registered post ie Ex.P.7 and the said report is received by the analyst on 10051995 under Ex.P.8, it is impossible within one day, the parcel could reach Vijayawada and
PW.1 has not filed the postal receipt or acknowledgment in support of the prosecution case.
8. The trial Court has failed to see that PW.1 has not verified the genuinity and authenticity of Exs. P.1, P.2, P.12, P.13, P.18, P.19, P.25, P.30, P.31 and P.33, failed to consider that there is no specific allegations against the Directors of Accused No.1 firm ie Accused Nos. 2, and 4 to 6 are responsible for the daytoday affairs of the company and prayed to set aside the Judgment in C.C.No. 755 of 2004, dated 11052016.
08Heard both sides. Perused the record.
6 09Now the points for determination are
1. Whether PW.1 is competent and authorized person to lift the samples in absence of gazette?
2. Whether the prosecution has complied the mandatory provisions of Drugs and Cosmetics Act at the time of seizure and sending the samples to an Analyst?
3. Whether the judgment of the trial Court is sustaining under law and is liable to be set aside? If so,
4. To what relief?
10Before answering the Points, it is better to refer the relevant provisions of Drugs and Cosmetics Act, about the procedure contemplated in lifting the samples and the mandatory provisions.
(1) 18. Prohibition of manufacture and sale of certain drugs and cosmetics
From such date as may be fixed by the State Government by notification in the Official Gazette in this behalf, no person shall himself or by any other person on his behalf.
(a)manufacture for sale or for distribution, or sell, or stock or exhibit or offer for sale, or distribute;
(i) any drug which is not of a standard quality, or is misbranded, adulterated or spurious; (2) 20. Government Analysis (1) The State Government may, by notification in the official Gazette, appoint such persons as it thinks fit, having the prescribed qualifications, to be Government Analysts for such areas in the State and in respect of such drugs or classes of drugs or such cosmetics or classes of cosmetics] as may be specified in the notification. (2)The Central Government may also, by notification in the official Gazette, appoint such persons as it thinks fit, having the prescribed qualifications, to be Government Analysts in respect of such drugs or classes of drugs or such cosmetics or classes of cosmetics] as may be specified in the notification. (3)Notwithstanding anything contained in subsection (1) or sub section (2), neither the Central Government nor a State Government shall appoint as a Government Analyst any official not serving under it without the previous consent of the Government under which he is serving. (4)No person who has any financial interest in the import, manufacture or sale of drugs or cosmetics shall be appointed to be a Government Analyst under subsection (1) or subsection (2) of this section.
7 (3) 21. Inspectors (1) The Central Government or a State Government may, by notification in the Official Gazette, appoint such persons as it thinks fit, having the prescribed qualifications, to be Inspectors for such areas as may be assigned to them by the Central Government or the State
Government, as the case may be prescribed.
(4) 23. Procedure of Inspectors (4) The Inspector shall restore one portion or a sample so divided or one container, as the case may be, to the person from whom he takes it, and shall retain the remainder and dispose of the same as follows:
(i) one portion or container he shall forthwith send to the Government Analyst for test or analysis;
(ii) the second he shall produce to the Court before which proceedings, if any are instituted in respect of the drug [or cosmetic]; and
(iii) the third, where taken, he shall send to the person, if any, whose name, address and other particulars have been disclosed under section 18A. (5) 25. Reports of Government Analysts.
(3) Any document purporting to be a report signed by a Government Analyst under this Chapter shall be evidence of the facts stated therein, and such evidence shall be conclusive unless the person from whom the sample was taken [or the person whose name, address and other particulars have been disclosed under section 18A] has, within twenty eight days of the receipt of a copy of the report, notified in writing the Inspector of the Court before which any proceedings in respect of the sample are pending that he intends to adduce evidence in controversion of the report. 11Learned Counsel for the appellants during the course of arguments contended that PW.1 had made admissions in his crossexamination that he did not file the Gazette to show that he is competent to lift the samples in a particular year, he further contended that no Gazette is filed by the prosecution to show that analyst is competent to give his opinion, no independent witness is examined to prove the case of the prosecution and no material objects are marked, PW.1 has not verified the genuinity and authenticity of Exs. P.1, P.2, P.12, P.13, P.18, P.19, P.25, P.30,
P.31 and P.33 and relied on the following decisions:
Drugs Inspector Vs Ponnam Devala Rao 1, observed at Para No.15 as under:
___________________ 1 Criminal Appeal No. 949 of 1999, dated 08102004 8 Para No.15: “On appreciation of evidence, a clear finding had been recorded that the mandatory provisions of Section 23(4) of the Act had not been complied with and the same had been contravened and thus, the limited question for which the matter was remitted back had been answered by the learned
Magistrate in favour of the respondentaccused and an order of acquittal
had been recorded. In the light of the facts referred to supra, this Court is of the considered opinion that there are no reasons to express any different opinion or to disturb the said findings recorded by the learned Magistrate. Accordingly, the said finding are hereby confirmed. Consequently, the appeal is devoid of merits and the same shall stand dismissed.” Gaba Pharmaceuticals Vs State of Andhra Pradesh 2, observed at Para
No.14 as under:
Para No.14: “The provisions of Sections 20 and 21 of the Act have not been complied with in spite of the fact that the accused raised objection before the trial Court as well as appellate Court. It is expected that the prosecution to produce the gazette notification. Since the Gazette notification as published in the Official gazette has not been placed before the Courts below, illegal and improper findings are given. Further in view of the jurisdiction of the Public Analyst and inspector has been taken, there is no need to adjudicate the other grounds as contended by the learned counsel for the petitioners. In the above circumstances, the judgment impugned is liable to be set aside. 14. Accordingly, the Criminal Revision Case is allowed setting aside the judgment,
dated 13082002 in Criminal Appeal No. 429 of 2001 on the file of the V
Additional Metropolitan Sessions Judge, Hyderabad. Revision petition
allowed.” Chermakesha Bandage and others Vs State of A.P. 3, observed at Para
No.12 asunder:
Para No.12: “Coming to the facts of this Case, admittedly G.Os., authorizing PW.1/Drug Inspector for the Mahabubnagar District area has not been filed.” “Thus, admittedly in this case the relevant Gazette notification have not been filed appointing PW.1 as the Drug Inspector for the purpose of carrying out the objects in the Drugs and Cosmetics Act to the Mahabubnagar District area. This is a lacunae in the prosecution case. No explanation has been given by the prosecution as to why they could not file the relevant G.Os
before the trial Court. No such notifications were also filed before the
appellate Court. No petition was filed before the appellate Court under Section 391 of Cr.P.C to adduce additional evidence. The prosecution has ________________________________ 2 2006 LawSuit(Hyd) 2 3 2009 LawSuit(AP) 515 9 not given explanation for not filing those notifycations before the Courts below. In the circumstances order of retrial to fill up the gaps in the prosecution case cannot sustain and accordingly, the impugned order is set aside.” Point Nos. 1 and 2:
12The evidence of P.W.1 is the replica of the complaint and he got marked Exs. P.1 to P.37.
13The learned Counsel for the accused has raised an objection while marking Exs. P,2, P.13, P.16, P.19, P.21, P.22, P.26, P.30, P.32, P.34 and P.37 stating that they are Photostat copies without any authentication and certification as to their genuineness and correctness of the documents. The trial Court has contended that the same can be look into at the time of hearing the case. PW.1, during his crossexamination, stated as under:
It is true I gave evidence in C.C No. 260 of 1996 on the file of IV Additional
Judicial First Class Magistrate, , Chittoor against Accused Nos. 7 to 9, I do not know the case ended in acquittal since I was transferred.
I have not filed any document to show my appointment as Drugs Inspector, I have not filed Gazette Notification appointing me as Drugs Inspector.
Drugs were stored in proper storage condition, I have not specifically mentioned in Form No.17 (Ex.P.4) that the drugs were stored in a proper storage and I have sealed the samples under four equal portions from
Accused No.9.
I have not submitted the samples in the Court since the accused did not challenge the report of Government Analyst. I have taken specimen signature of Accused No.9 on the four portions of the samples and I have filed the proof of the same under Ex.P.5.
I have not filed the inspection report of Ramakrishna Medical Stores, I have not filed the Government Notification appointing me for the concerned area where the offence has taken place, witness volunteers that he was appointed for the entire State of Andhra Pradesh.
It is true, the drugs have to be preserved under certain climatic conditions ie cool, cold and room temperature depending upon the nature of the drugs, it is true there is possibility of deterioration of drugs for not preserving the drugs at the required temperature.
It is true that the Ibuprofen tablet has to be preserved in cool temperature.
10 It is true I have not mentioned the required storage conditions either in the complaint or in my chiefexamination, I have not specifically mentioned in the complaint that I dispatched the samples by post and I have not filed the postal receipts showing the dispatch of the samples.
The Government Analyst is also appointed by the Government by notification, I have not filed the Gazette Notification showing the appointment of the analyst.
I am aware of the name of the manufacture as the same could not be found on the drugs seized, report of the analyst is received by me on 31071995 which was signed on 27071995 by post.
I have not filed the postal cover under which the report was received, I have not verified the persons who were in charge of and responsible for the affairs of the management of the Accused No.1 company.
I have not verified the genuineness and authenticity of the documents under
Exs. P.1, P.2, P.12, P.13, P.18, P.19, P.25, P.30, P.31 and P.33, I do not remember the time of lifting the samples from the shop of Accused No.9 and we sent the samples to the Lab by post as per rules.
It is true as per Ex.P.8, the samples were received in the lab on 10051999.
PW.1 has denied the suggestion that he is not competent to lift the samples from the shop and he also denied the suggestion that Government Analyst is also not competent to give his opinion in absence of notification.
14Ex.P.4 is Form No.17 wherein PW.1 has lifted the samples from M/s.
Sri Ramakrishna Medicals at M.B.T Road, Bangarupalem and T. Raja Reddy is the
Proprietor (A9), Ex.P.5 is the acknowledgment about the receipt of copy by T. Raja
Reddy (Accused No.9). PW.1 has contended in his crossexamination that he has taken the signatures of accused No.9 on four portions of the samples. On perusal of
Ex.P.5 endorsement, Raja Reddy has endorsed that “I received the certified copy of this form”. Nowhere it is mentioned in Ex.P.5 that PW.1 has taken the specimen signatures of Accused No.9. Ex.P.6 is the letter addressed by PW.1 to Government
Analyst dated 09051995 for test or analysis as per the provisions of the Act.
Ex.P.7 is the letter addressed to the Government Analyst contending that sealed portion of the sample of the drug is submitted for analysis along with original memo in Form No.18 ie Ex.P.6. The Government Analyst has issued the certificate under
Ex.P.8 contending that the sample is not of a standard quality and it does not comply for the test for disintegration as per I.P Specifications. Government Analyst 11 has also addressed a letter to the Drugs Inspector, Chittoor on 27071995 under
Ex.P.9 enclosing the Form No.13 in triplicate. PW.1 during the seizure of the samples from the shop of M/s. Sri Ramakrishna Medicals, at Bangarupalem has addressed a letter on 01081995 requesting Accused No.9 to disclose the name, address and other particulars of the person from whom he has acquired the drugs.
In turn, Accused No.9 has addressed a letter to the Drugs Inspector, Chittoor under
Ex.P.12 by enclosing the photo copy of the purchase bill . PW.1 after receipt of reply from Accused No.9 under Ex.P.12 has addressed a letter to M/s. Sapthagiri
Medical Distributors, Prodduturu under Ex.P.14 by requesting him to stop the sale of Ibuprofen 400 mg tables, Batch No. PT 45 forthwith, and also requested him to disclose the name and other particulars of the person from whom he has acquired the drugs by giving three days time. As Sapthagiri Medical Distributors (accused
No.8 ) failed to give reply within three days, PW.1 has addressed another latter under Ex.P.5 contending that if explanation is not tendered by the medical distributors, action will be taken. PW.1 has also addressed a letter to M/s. Venkata
Kishore Medical Distributors on 21081995 under Ex.P.17 (Accused No.7) calling him to disclose the name and other particulars of the persons from whom he has acquired the drugs namely Ibuprofen 400 mg Batch No. PT 45. Accused No.7 in turn has addressed a letter under Ex.P.18 on 26081995 that they have purchased the above said medicine from M/s Pharmex Drugs (India) Private Limited by enclosing the invoices. Thereafter, PW.1 has addressed a letter on 01091995 to
Accused No.1 calling him to furnish the following particulars :
(a)Have you supplied the subject drug to M/s Venkata Kishore Medical Distributors, D.No. 113511, Kotamrajuvari Street, Vijayawada.
(b)Are you Licenced to manufacture the above drug, if so kindly furnish an attested copy of the said licence.
(c)Have you manufactured Ibuprofen 400mg tables, Batch No. PT 45, if so kindly furnish the manufacturing and distribution particulars of the said drug.
(d)Kindly furnish the constitution of your firm the names and residential addresses of all the persons involved in the manufacturer Ibuprofen 400mg tables, Batch No. PT 45. Accused No.1 has in turn addressed a letter under Ex.P.25 to PW.1 contending that
Accused No.1 is a Private Limited Company and the directors are S.R Pandey, R.P
Pandey, R.N Pandey, A.K Pandey and R.P Pandy ie Accused Nos 2 to 6. Accused
No.1 has contended in Ex.P.25 that they have checked the control sample of the said drug and batch number and the control sample is 37 minutes.
12 15PW.1 has not filed any record to show that he has sent the sample which is seized by him to Accused No.1. Moreover, PW.1 has denied the suggestion put by the accused’s counsel that he has not issued notice to the manufacturer along with the report under Section 25 as prescribed under Section 18 (A) of the Drugs and Cosmetics Act within 28 days. Prosecution has not filed piece of paper to show that the drug analyst report is sent to Accused No.1 company. In absence of any material, it cannot be believed, that PW.1 has complied the mandatory conditions of
Section 25 of Drugs and Cosmetics Act. On perusal of Ex.P.25 which is addressed by Accused No.1 company to the Drug Inspector, Chittoor wherein they stated that
Accused Nos 2 to 6 are directors of the company. It is not mentioned in Ex.P.25 that A2 to A6 are responsible for the daytoday affairs of the company. PW.1 has stated in his crossexamination that he has not verified the persons who are in charge and responsible for the affairs of the management of the company.
16PW.1 has also not complied the mandatory conditions of 23 (4) of
Drugs and Cosmetic Act. The decision cited by the counsel for the appellants in
Drugs Inspector Vs. Poonam Devala Rao supra is squarely applicable to the case facts and the prosecution has failed to prove that they have complied the mandatory conditions of Section 23 (4).
17Counsel for the Appellants has further attacked the judgment of the trial Court that the trial Court has failed to consider their contention that PW.1 has not filed Gazette to show that he is appointed as an Inspector to a particular area which is mandatory under Section 21 of the Drugs and Cosmetic Act and the appellants also contended that the Government Analyst is also to be appointed by way of Gazette by the Government which is mandated under Section 20 of the Act.
18Prosecution has got marked Exs. P.1 to P.37, but the crucial documents ie the Gazette Notifications are not filed before the trial Court to prove that PW.1 is appointed by way of a Gazette to a particular area to lift the drugs, so also the prosecution has not filed any Gazette to show that the Government Analyst is appointed by Gazette to make analysis and give report. In absence of any document from the prosecution side, it cannot be said, that PW.1 is competent to lift the samples from the shop of Accused No.9, so also, the analyst who issued his opinion under Ex.P.8. PW.1 has admitted in his crossexamination that he did not file any Gazette to show that he is appointed as an Officer to a particular area and he further admitted that he has not filed Gazette to show that the Government
Analyst is appointed by way of Gazette Notification. Sections 20 and 21 of the 13
Drugs and Cosmetic Act are mandatory and the decisions cited by the counsel for the appellants in Gaba Pharmaceuticals and Chermakesha Bandage and Others are squarely applicable to the case on hand.
19The trial Court has lost cite of all the mandatory provisions of the Act and did not consider the admissions made by PW.1 in his crossexamination. The trial Court has also not answered the objectionable documents i.e., Exs. P.2, P.13,
P.16, P.19, P.21, P.22, P.26, P.30, P.32, P.34 and P.37. PW.1 has also admitted in his crossexamination that he has not verified the genuinenity and authenticity of
Exs. P.1, P.2, P.12, P.13, P.18, P.19, P.25, P.30, P.33. Moreover, he has gone to an extent of saying that he do not remember the time of lifting the sample from the shop of Accused No.9. Exs. P.2, P.13, P.16, P.19, P.21, P.22, P.26 to P.30, P.32,
P.34 and P.37 are photo copies and as rightly contended by the Appellant counsel that the above said documents are not primary documents, prosecution has not filed any application to lead secondary evidence. Hence, the above said documents are not considered, Point Nos. 1 and 2 are answered in favour of the appellants and against the prosecution.
Point No.3:
20In view of my discussions in Point Nos. 1 and 2, the trial Court has misread the evidence of PW.1 coupled with Exs. P.1 to P.37 and did not consider the admissions made by PW.1 in his crossexamination about nonfiling of Gazette
Notification and also lost cite of the mandatory provisions of the Drugs and
Cosmetic Act. In view of my discussions above, I am inclined to interfere with the
Judgment of the trial Court. Hence, this point is answered accordingly.
Point No.4:
21In the result, the appeal is allowed. Appellants/Accused Nos.1, 2, 4, 5 and 6 are found not guilty. Conviction and sentence passed by III Addl., Chief
Metropolitan Magistrate, Hyderabad in C.C. No. 755 of 2004, dated 11052016 is set aside and the Appellants/Accused Nos.1, 2, 4, 5 and 6 are hereby acquitted for the offences under Sections 18 (a) (i) read with Section 27 (d) of the Drugs and
Cosmetics Act, 1940. Fine amount, if any, paid by the Appellants/Accused shall be refunded to them after the appeal time is over.
Dictated to Stenographer of this Court, transcribed and typed by her, corrected and pronounced
by me in the open court, on this day 5 th day of February, 2019.
VII ADDITIONAL METROPOLITAN SESSIONS
JUDGE, HYDERABAD.
Copy to : The III Addl.Chief Metropolitan Magistrate, Hyderabad. :
Order Record 232 total
| Case No. | Parties | Date | Type | Outcome |
|---|---|---|---|---|
| CRL.MP/1002/2022 | Nagumotu Shiva Shanker in RC 08(A)/2019 vs CBI, ACB | 01 Apr 2022 | Order | Bail Granted |
| CC/1200007/2012 | CBI, SCB, Chennai vs C.V.Ranganatha Chowdary and others | 31 Mar 2022 | Judgement | Acquitted |
| CRL.MP/1249/2022 | State represented by CBI BSFB vs M/s. Servomax India Private Limited/A1 in RC 3/E/2020 | 31 Mar 2022 | Order | — |
| CRL.MP/967/2022 | Alla Ayodhya Rami Reddy /A4 in CC 10/2012 vs Central Bureau of Investigation | 30 Mar 2022 | Order | — |
| CRL.MP/881/2022 | Satya Sridhar Reddy Jagannagari/A3 in RC 352020A0005 of 2020 vs Central Bureau of Investigation. | 28 Mar 2022 | Order | Bail Granted |
| CRL.MP/248/2022 | Puneet Dalmia(A3) in CC 12/2013 vs State Represented by CBI | 24 Mar 2022 | Order | — |
| CRL.MP/1079/2022 | Nimmagadda Prasad/A3 in CC 14/2012 vs CBI, ACB, Hyderabad | 23 Mar 2022 | Order | — |
| CRL.MP/595/2022 | Mopuri Rajeshwari alias Mopur Rajeswari vs Central Bureau of Investigation | 21 Mar 2022 | Order | — |
| CRLMP.BAIL/904/2022 | Vijay Bhandari/A16 vs CBI, ACB in CC 9/2018 | 17 Mar 2022 | Order | — |
| CRL.MP/905/2022 | CBI in CC 3/2019 vs N.Murali | 15 Mar 2022 | Order | — |
| CRL.MP/691/2022 | Munnam Venkata Ramakrishna Rao/A7 in RC 08(A)/2019 vs CBI | 11 Mar 2022 | Order | — |
| CRL.MP/388/2022 | Sivapuram Surendra Kumar in RC 10(A)/2020-CBI/ACB/Hyd vs CBI/ACB | 07 Mar 2022 | Order | — |
| CRL.MP/452/2022 | Tadisetti Ujwalvamsi in RC 0682021E0003 of CBI EOB Mumbai vs The State CBI | 07 Mar 2022 | Order | — |
| CRL.MP/641/2022 | Nimmagadda Prasad (A3) in CC 14/2012 vs CBI/ACB/Hyderabad | 07 Mar 2022 | Order | — |
| CRL.MP/412/2022 | Balagouni Balraj Goud/A2 in CC 13/2013 vs The State | 18 Feb 2022 | Order | — |
| CRL.MP/413/2022 | Balagouni Balraj Goud/A2 in CC 13/2013 vs The State | 18 Feb 2022 | Order | — |
| CRL.MP/307/2022 | K.Mehfuz Ali Khan(A7) in CC 1/2012 vs Union of India | 14 Feb 2022 | Order | — |
| CC/1200001/2013 | The State through CBIACBHYD vs Bora Sathya Rao | 10 Feb 2022 | Judgement | — |
| CRL.MP/3032/2021 | Nimmagadda Prakash vs Directorate of Enforcement | 10 Feb 2022 | Order | — |
| CRL.MP/251/2022 | The English and Foreign Languages University vs State represented by Inspector of Police | 07 Feb 2022 | Order | — |
| CRL.MP/39/2022 | N.Sunil Reddy in CC No. 6/2012 vs The State of A.P. | 27 Jan 2022 | Order | — |
| CRL.MP/389/2022 | Krishan Pal vs The State through VC in RC 18(A)/2021/CBI/ Hyd | 27 Jan 2022 | Order | — |
| CRL.MP/100/2022 | CBI vs Sri P. Ramakoteshwar Rao(A1) in CC 14/2015 | 19 Jan 2022 | Order | — |
| CRL.MP/3081/2021 | Srilakshmi Yerra(A6) in CC 1 of 2012 vs The State CBI | 19 Jan 2022 | Order | — |
| CRL.MP/3082/2021 | Srilakshmi Yerra(A6) in CC 1 of 2012 vs The State CBI | 19 Jan 2022 | Judgement | — |
| CRL.MP/37/2022 | Balagouni Balraj Goud(A2) in CC No. 13 of 2013 vs The State CBI, BS and FC | 11 Jan 2022 | Order | — |
| CRL.MP/38/2022 | Balagouni Balraj Goud(A2) in CC No. 13 of 2013 vs The State CBI, BS and FC | 11 Jan 2022 | Order | — |
| CRL.MP/1124/2021 | M/s. Jagati Publications Limited(A4) in SC No. 2/2021 vs Directorate of Enforcement | 10 Jan 2022 | Order | — |
| CRL.MP/1125/2021 | M/s. Bharathi Cement Corporation Pvt. Ltd.(A5) in SC 2/2021 vs Directorate of Enforcement, | 10 Jan 2022 | Order | — |
| CRL.MP/1126/2021 | M/s. Camel Asia Holding Private Limited (A6) in SC 2/2021 vs Directorate of Enforcement, | 10 Jan 2022 | Order | — |
| CRL.MP/1127/2021 | M/s. Silicon Builders Private Limited (A7) in S.c. No.2/2021 vs Directorate of Enforcement, | 10 Jan 2022 | Order | — |
| CRL.MP/3328/2021 | N.Sunil Reddy in CC 6/2012 vs The State of A.P. | 07 Jan 2022 | Order | — |
| CRL.MP/2783/2021 | K.Hari Satyanarayana vs The Inspector of Police | 03 Jan 2022 | Order | — |
| CRL.MP/3217/2021 | Veli Srinivas(A3) in CC No. 1 of 2013 vs State CBI represented by Its Inspector of Police | 29 Dec 2021 | Order | — |
| CRL.MP/1128/2021 | M/s. Jagati Publications Limited(A6) in SC No.3/2021 vs Directorate of Enforcement | 27 Dec 2021 | Order | — |
| CRL.MP/1490/2021 | M/s. Ramky Pharma City(A5) in SC No. 2 of 2016 vs Directorate of Enforcement | 27 Dec 2021 | Order | — |
| CRL.MP/3031/2021 | M/s. Emaar India Limited(A2) in SC 1/2019 vs Directorate of Enforcement | 21 Dec 2021 | Order | — |
| CRL.MP/2587/2021 | Kanna Rao Thota in RC 04(A) /2020-CBI-Hyd vs Deputy Superintendent of Police | 14 Dec 2021 | Order | — |
| CRL.MP/2752/2021 | A.Ravi Teja(A4) in RC 04(E)/2018-CBI/BS and FC/Bangalore vs The Investigation Officer | 14 Dec 2021 | Order | — |
| CRL.MP/1976/2021 | M/s. Emaar Hills Township Private Limited(A1) in SC No.1/2019 vs Enforcement Directorate | 08 Dec 2021 | Order | — |
| CRL.MP/1822/2021 | Gali Janardhan Reddy(A2) in C.C. 1/2012 vs The State CBGI-ACB, Hyderabad | 07 Dec 2021 | Order | — |
| CRL.MP/782/2021 | S.B. Ramesh vs State Represented by CBI,PS | 06 Dec 2021 | Order | — |
| CRL.MP/783/2021 | S.B. Ramesh vs State of AP, PS,CBI | 06 Dec 2021 | Order | — |
| CRL.MP/2022/2021 | N.Sunil Reddy in C.c. No. 6/2012 vs The State of A.P. | 06 Dec 2021 | Order | — |
| CRL.MP/2248/2021 | Battula Venkatappa Rao in RC 14(A)/2019-CBI/Hyd vs CBI/ACB | 06 Dec 2021 | Order | — |
| CRL.MP/1512/2020 | Y.S. Jagan Mohan Redd vs Enforcement Directorate | 30 Nov 2021 | Order | — |
| CRL.MP/2107/2021 | Smt Srilakshmi Yerra in C.C. 1/2012 vs The State CBI | 30 Nov 2021 | Order | — |
| CRLMP.BAIL/2398/2021 | Ch S Suresh Kumar vs The State through CBI, Hyderabad | 29 Nov 2021 | Order | — |
| CRLMP.BAIL/2399/2021 | Krishan lal vs The State thorugh CBI, | 29 Nov 2021 | Order | — |
| CRL.MP/1661/2021 | P.Venkateshwar Rao alias P.V. Rao (A4) in C.C. 3/2003 vs The State | 29 Nov 2021 | Order | — |
| CRL.MP/2355/2021 | Y.Vijayalakshmi Prasad(A10) in CC.8/2012 vs Central Bureau of Investigation | 29 Nov 2021 | Order | — |
| CRL.MP/1820/2021 | Hitesh Ramesh Jain(A2) in crime no.RC/0007(E)/2020 vs State of Telangana Rep by Public Prosecutor CBI/ACB | 26 Nov 2021 | Order | — |
| CRL.MP/2115/2021 | State Represented by CBI, ACB vs B.Satya Rao and others(C.C. No. 1/2013) | 24 Nov 2021 | Order | — |
| CRL.MP/1694/2021 | Nimmagadda Prasad(A3) in C.C. 14 of 2012 vs State CBI/ACB/Hyderabad | 18 Nov 2021 | Order | — |
| CRL.MP/1447/2021 | Sharavan Gupta(A15) in C.C. No. 6/2012 vs State(Through CBI) | 15 Nov 2021 | Order | — |
| CRL.MP/1821/2021 | Nimmagadda Prasad(A3) in C.C. 14/2012 vs State CBI/ACB/Hyderabad | 12 Nov 2021 | Order | — |
| CRL.MP/1632/2021 | M/s.Ramky Pharma City (A6)in C.C. No. 10/2021 vs CBI | 11 Nov 2021 | Order | — |
| CRL.MP/1801/2021 | G.Ch.S. Suresh Kumar(A1) in RC No.18(A)/2021 vs The State Through CBI | 11 Nov 2021 | Order | — |
| CRL.MP/1802/2021 | Krishan Pal(A2) in RC No.18(A)/2021 vs The State through CBI | 11 Nov 2021 | Order | — |
| CRL.MP/1662/2021 | Suri Guna Ranjan in CC 22/2003 vs The State | 10 Nov 2021 | Order | — |
| CRL.MP/1962/2021 | State represented by Central Bureau of Investigation in RC 18(A)/2021 vs G.Ch.S.Suresh Kumar | 06 Nov 2021 | Order | — |
| CRL.MP/1540/2021 | Sukesh Gupta (A1) in CC No.7/2015 vs Central Bureau of Investigation | 27 Oct 2021 | Other | — |
| CRL.MP/1575/2021 | Dy Superintendent of Police in Case No. RC.04(A)/2020-CBI/Hyd vs Kanna Rao Thota | 23 Oct 2021 | Order | — |
| CRL.MP/1118/2021 | Nimmagadda Prakash(A9) in C.C. No. 14/2012 vs State CBI/ACB | 12 Oct 2021 | Order | — |
| CRL.MP/1060/2021 | Battula Venkatappa Rao vs CBI/ACB | 01 Oct 2021 | Order | — |
| CRL.MP/752/2021 | Deputy Superintendent of Police, Central Bureau of Investigation, ACB vs KannaRao Thota | 27 Sep 2021 | Order | — |
| CRL.MP/444/2021 | V.D. Rajagopal vs The State CBI | 17 Sep 2021 | Order | — |
| CRL.MP/768/2021 | N. Sunil Reddy vs The State of AP, Rep by SPE, CBI, | 16 Sep 2021 | Order | — |
| CRL.MP/909/2021 | V.D. Rajagopal vs The State of Telangana, Through CBI, | 16 Sep 2021 | Order | — |
| CRLMP.BAIL/640/2021 | Kanumuru Raghu Ramakrishna Raju vs Central Bureau of Investigation | 15 Sep 2021 | Order | — |
| CRL.MP/421/2021 | Kanumuru Raghu Ramakrishna Raju vs Central Bureau of Investigation | 15 Sep 2021 | Order | — |
| CRL.MP/825/2021 | Kanumuru Raghu Rama Krishna Raju vs M/s Sakshi @ Sakshinews | 15 Sep 2021 | Order | — |
| CRL.MP/665/2021 | Tottempudi Salalith vs The State rep by Deputy Superintendent of Police, Central Bureau of Investigation (CBI) | 14 Sep 2021 | Order | — |
| CRL.MP/769/2021 | Kandula Visweswara Rao vs The State, Through CBI | 14 Sep 2021 | Order | — |
| CRL.MP/659/2021 | Nimmagadda Prasad vs CBI/ACB rep by Public Prosecutor | 07 Sep 2021 | Order | — |
| CRL.MP/820/2021 | Tottempudi Salaith, vs The State Rep by Deputy Superintendent of Police, Central Bureau of Investigation (CBI), | 07 Sep 2021 | Order | — |
| CRL.MP/658/2021 | Vadapu Lakshmi vs CBI/ACB | 06 Sep 2021 | Order | — |
| CRL.MP/466/2021 | Ambula Veera Pavan Kumar vs CBI/ACB | 03 Sep 2021 | Order | — |
| CRL.MP/491/2021 | Puttamreddy Prathap Reddy vs The State CBI, | 03 Sep 2021 | Order | — |
| CRL.MP/753/2021 | Central Bureau of Investigation vs Chadalavada Infratech Ltd | 31 Aug 2021 | Order | — |
| CRL.MP/528/2021 | V. Vijay Sai Reddy vs Central Bureau of Investigation | 26 Aug 2021 | Order | — |
| CRL.MP/721/2021 | B. Satya Rao vs The State of CBI | 24 Aug 2021 | Order | — |
| CRL.MP/237/2021 | Nenmeni Rama Krishnan Ramesh vs CBI/ACB/Hyderabad | 21 Aug 2021 | Order | — |
| CRL.MP/302/2021 | Gali Janardhan Reddy vs The State through CBI, | 16 Aug 2021 | Order | — |
| CRL.MP/417/2021 | S. Zakir Hussain vs CBI/ACB | 16 Aug 2021 | Order | — |
| CC/1200007/2013 | CBI, Hyd vs K. Hariharan Srinivasan, | 12 Aug 2021 | Order | — |
| CRL.MP/565/2021 | Nimmagadda Prasad vs CBI/ACB/Hyderabad | 02 Aug 2021 | Order | — |
| CRL.MP/186/2021 | State Represented by CBI, ACB vs Leena Paulose | 30 Jul 2021 | Order | — |
| CRLMP.BAIL/487/2021 | V. Vijay Sai Reddy vs Central Bureau of Investigation | 23 Jul 2021 | Order | — |
| CC/1200022/2003 | CBI,BSFC,BANGALORE vs S.PREM KUMAR AND OTHERS | 19 Jul 2021 | Order | — |
| CRL.MP/472/2021 | Shravan Gupta vs State through CBI | 16 Jul 2021 | Order | — |
| CRL.MP/183/2021 | R.Gopal vs State represented by its Inspector of Police / CBI | 15 Jul 2021 | Order | Acquitted |
| CRL.MP/184/2021 | Sheela Kakulavaram vs K.Jairaj | 15 Jul 2021 | Order | Acquitted |
| CRL.MP/185/2021 | Guru Prasad Kakulavaram vs K.Jairaj | 15 Jul 2021 | Order | Acquitted |
| CRL.MP/470/2021 | Dandamudi Nataraj vs CBI/ACB | 13 Jul 2021 | Order | — |
| CC/1200021/2013 | CBI HYD vs S. Papa Rao | 12 Jul 2021 | Order | — |
| CRL.MP/426/2021 | Donikena Sridhar vs Union of India Rep by CBI | 08 Jul 2021 | Order | — |
| CRL.MP/443/2021 | Sukesh Gupta vs The state of Telangana, Through CBI, | 07 Jul 2021 | Order | — |
| CRL.MP/406/2021 | Konikena Sridhar vs Union of India Rep by CBI | 23 Jun 2021 | Order | — |
| CRL.MP/445/2021 | Sabbineni Surendra vs The Central Beuro of Investigation (CBI) | 23 Jun 2021 | Order | — |
Monthly Orders (Last 12 Months)
| Apr 2022 | 1 | |
| Mar 2022 | 13 | |
| Feb 2022 | 6 | |
| Jan 2022 | 17 | |
| Dec 2021 | 12 | |
| Nov 2021 | 16 | |
| Oct 2021 | 4 | |
| Sep 2021 | 14 | |
| Aug 2021 | 9 | |
| Jul 2021 | 11 | |
| Jun 2021 | 4 | |
| May 2021 | 2 |
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Frequently Asked Questions
How many cases has SRI B.R.MADHUSUDHAN RAO handled?
SRI B.R.MADHUSUDHAN RAO has handled 254 court orders since 2018 at HYD, CBI Court Complex. The average disposal rate is 6 orders per month.
What types of cases does SRI B.R.MADHUSUDHAN RAO hear?
Based on available records, SRI B.R.MADHUSUDHAN RAO primarily handles Criminal matters (CRL, Criminal Cases) at HYD, CBI Court Complex.
Where is SRI B.R.MADHUSUDHAN RAO currently posted?
SRI B.R.MADHUSUDHAN RAO is posted as PRL. SPL. JUDGE FOR CBI CASES, HYD. at HYD, CBI Court Complex, Hyderabad, Telangana.
Are judgments by SRI B.R.MADHUSUDHAN RAO available online?
Yes. 25 judgments by SRI B.R.MADHUSUDHAN RAO are available on Legistro with full text, outcome, and sections cited.
How fast does SRI B.R.MADHUSUDHAN RAO dispose cases?
SRI B.R.MADHUSUDHAN RAO disposes approximately 6 cases per month, based on 254 orders handled over their tenure at HYD, CBI Court Complex.
Since when is SRI B.R.MADHUSUDHAN RAO serving?
SRI B.R.MADHUSUDHAN RAO has been serving at HYD, CBI Court Complex since 2018.
Case Types
Posting History
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Feb 2019 — Apr 2022PRL. SPL. JUDGE FOR CBI CASES, HYD. · 182 orders
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Feb 2019 — Sep 2021I ADDL.SPL. JUDGE FOR CBI CASES, HYDERABAD · 5 orders
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Dec 2018 — Feb 2019Addl. M.S.J for trial of JHCBBC · 20 orders
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Dec 2018 — Feb 2019IV Addl. Metropolitan Sessions Judge
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Dec 2018 — Feb 2019II Addl. Metropolitan Sessions Judge · 4 orders
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Nov 2018 — Feb 2019VII Addl. Metropolitan Sessions Judge · 43 orders
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Oct 2018 — Oct 2018VII Addl. Metropolitan Sessions Judge
Outcomes on Record
Other Judges at this Court