S Subramanian Vs State CBI Police

S/O LATE SHIVARAMKRISHNA AGED ABOUT 57 YEARS, WORKING AS SENIOR MANAGER INDIAN OVERSEAS BANK, REGIONAL OFFICE NAGAPATNAM, TAMILNADU, R/AT NO.5, SIRNIVASILLUM CO-OPERATIVE COLONY VILAMAL TIRUVARUR, TAMILNADU DISTRICT.

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…APPELLANT

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(BY SRI. ANTONY IGNATIUS M.J.,ADVOCATE FOR SMT. JANANI K.H., ADVOCATES)

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AND:

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STATE CBI POLICE REPRESENTED BY S P P HIGH COURT BUILDING BANGALORE.

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…RESPONDENT

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NC: 2026:KHC:21067 CRL.A No. 999 of 2011 C/W CRL.A No. 1000 of 2011 CRL.A No. 1001 of 2011 AND 1 OTHER

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HC-KAR

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(BY SRI. RAHUL KRISHNA REDDY.,ADVOCATE FOR SRI. P. PRASANNA KUMAR., ADVOCATES)

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THIS CRL.A. IS FILED U/S.374(2) CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 02.09.2011 PASSED BY THE XXXII ADDL. CITY CIVIL AND S.J., AND SPL.JUDGE FOR CBI CASES, BANGALORE IN SPL.CC.NO.06/07 - CONVICTING THE APPELLANT/ACCUSED NO.1 FOR THE OFFENCE P/U/S 120(b) R/W 420, 409, 418 IPC AND OFFENCE P/U/S 13(1)(d) R/W 13(2) OF PREVENTION OF CORRUPTION ACT, 1988. AND THE APPELLANT/ACCUSED IS SENTENCED UNDERGO S.I. FOR ONE YEAR FOR THE OFFENCE P/U/S 120B OF IPC. AND ETC.

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IN CRL.A NO. 1000/2011

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BETWEEN:

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S SUBRAMANIAN S/O LATE SHIVARAMKRISHNA AGED ABOUT 57 YEARS, WORKING AS SENIOR MANAGER INDIAN OVER SEAS BANK, REGIONAL OFFICE NAGAPATNAM, TAMILNADU, R/AT NO.5, SIRNIVASILLUM CO-OPERATIVE COLONY VILAMAL TIRUVARUR, TAMILNADU DISTRICT.

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…APPELLANT

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(BY SRI. ANTONY IGNATIUS M.J.,ADVOCATE FOR SMT. JANANI K.H., ADVOCATES)

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AND:

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STATE CBI POLICE REPRESENTED BY S P P HIGH COURT BUILDING

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HC-KAR

BANGALORE.

…RESPONDENT

(BY SRI. RAHUL KRISHNA REDDY.,ADVOCATE FOR SRI. P. PRASANNA KUMAR., ADVOCATES)

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THIS CRL.A. IS FILED U/S.374(2) CR.P.C PRAYING TO SET ASIDE THE ORDER DATED:02.09.2011 PASSED BY THE XXXII ADDL. CITY CIVIL AND S.J., AND SPL.JUDGE FOR CBI CASES, BANGALORE IN SPL.CC.NO.07/07 - CONVICTING THE APPELLANT/ACCUSED NO.1 FOR THE OFFENCE P/U/S 120(b) R/W 420, 418, 409 IPC AND OFFENCE P/U/S 13(1)(d) R/W 13(2) OF PREVENTION OF CORRUPTION ACT, 1988.AND THE APPELLANT/ACCUSED IS SENTENCED UNDERGO S.I. FOR ONE YEAR FOR THE OFFENCE P/U/S 120B OF IPC. AND ETC.

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IN CRL.A NO. 1001/2011

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BETWEEN:

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S. SUBRAMANIAN S/O LATE SHIVARAMKRISHNA AGED ABOUT 57 YEARS, WORKING AS SENIOR MANAGER INDIAN OVER SEAS BANK, REGIONAL OFFICE NAGAPATNAM, TAMILNADU, R/AT NO.5, SIRNIVASILLUM CO-OPERATIVE COLONY VILAMAL TIRUVARUR, TAMILNADU DISTRICT.

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…APPELLANT

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(BY SRI. ANTONY IGNATIUS M.J.,ADVOCATE FOR SMT. JANANI K.H., ADVOCATES)

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HC-KAR

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AND:

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STATE CBI POLICE REPRESENTED BY P P HIGH COURT BUILDING BANGALORE.

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…RESPONDENT

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(BY SRI. RAHUL KRISHNA REDDY.,ADVOCATE FOR SRI. P. PRASANNA KUMAR., ADVOCATES)

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THIS CRL.A. IS FILED U/S.374(2) CR.P.C PRAYING TO SET ASIDE THE ORDER DATED:02.09.2011 PASSED BY THE XXXII ADDL. CITY CIVIL AND S.J., AND SPL.JUDGE FOR CBI CASES, BANGALORE IN SPL.CC.NO.08/07 - CONVICTING THE APPELLANT/ACCUSED NO.1 FOR THE OFFENCE P/U/S 120(b) R/W 420, 418, 409 IPC AND OFFENCE P/U/S 13(1)(d) R/W 13(2) OF PREVENTION OF CORRUPTION ACT, 1988. AND THE APPELLANT/ACCUSED IS SENTENCED UNDERGO S.I. FOR ONE YEAR FOR THE OFFENCE P/U/S 120B OF IPC AND ETC.

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IN CRL.A NO. 1002/2011

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BETWEEN:

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S. SUBRAMANIAN S/O LATE SHIVARAMKRISHNA AGED ABOUT 57 YEARS, WORKING AS SENIOR MANAGER INDIAN OVER SEAS BANK, REGIONAL OFFICE NAGAPATNAM, TAMILNADU, R/AT NO.5, SIRNIVASILLUM CO-OPERATIVE COLONY VILAMAL TIRUVARUR,

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NC: 2026:KHC:21067 CRL.A No. 999 of 2011 C/W CRL.A No. 1000 of 2011 CRL.A No. 1001 of 2011 AND 1 OTHER

HC-KAR

TAMILNADU DISTRICT.

…APPELLANT

(BY SRI. ANTONY IGNATIUS M.J.,ADVOCATE FOR SMT. JANANI K.H., ADVOCATES)

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AND:

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STATE CBI POLICE REPRESENTED BY S P P HIGH COURT BUILDING BANGALORE.

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…RESPONDENT

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(BY SRI. RAHUL KRISHNA REDDY.,ADVOCATE FOR SRI. P. PRASANNA KUMAR., ADVOCATES)

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THIS CRL.A. IS FILED U/S.374(2) CR.P.C PRAYING TO SET ASIDE THE ORDER DATED:2.9.11 PASSED BY THE XXXII ADDL. CITY CIVIL AND S.J., AND SPL.JUDGE FOR CBI CASES, BANGALORE IN SPL.CC.NO.09/07 - CONVICTING THE APPELLANT/ACCUSED NO.1 FOR THE OFFENCE P/U/S 120(b) R/W 420, 418, 409 IPC AND OFFENCE P/U/S 13(1)(c) AND (d) R/W 13(2) OF PREVENTION OF CORRUPTION ACT, 1988.AND THE APPELLANT/ACCUSED IS SENTENCED UNDERGO S.I. FOR ONE YEAR FOR THE OFFENCE P/U/S 120B OF IPC. AND ETC.

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THESE APPEALS, COMING ON FOR FURTHER HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL

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HC-KAR

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ORAL JUDGMENT

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Common appellant namely, Sri. S Subramanian who was working as a Senior Manager of Indian Overseas Bank, Regional Office, K.R.Mohalla branch, Mysore is before this Court being aggrieved by the judgment of conviction and order of sentence dated 02.09.2011 on the file of XXXII Additional City Civil and Sessions Judge and Special Judge for CBI Cases, Bangalore (CCH-34), passed in Special CC No.6/2007, Special CC No.7/2007, Special CC No.8/2007, Special CC No.9/2011,

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whereby the trial Court has passed the following order;

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"Acting under Section 235 (2) Cr.PC is hereby hold that A.1 to A.3 are guilty for the offence punishable U/Sec.120(b) r/w 420, 409, 418 IPC, besides A.1 found guilty for the offence punishable U/Sec.13(1)(d) r/w 13(2) of Prevention of Corruption Act 1988. The sentence on the above offences will be passed on hearing the accused as provided U/Sec.235 (2) Cr.P.C.

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ORDER REGARDING SENTENCE.

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1) The accused No.1 to 3 are convicted and sentenced to undergo simple imprisonment for one year for the offence punishable U/s 120B of IPC.

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2) The accused No.1 to 3 are convicted and sentenced to undergo SI for one year for the offence punishable U/s 420 IPC and shall pay fine of Rs.10,000/- each and in default of fine, they shall under go simple imprisonment for 6 months.

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3) The accused No.1 to 3 are convicted and sentenced to undergo SI for one year for the

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HC-KAR

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offence punishable U/s 418 IPC and shall pay fine of Rs.10,000/- each and in default of fine, they shall under go simple imprisonment for 6 months.

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4) The accused No.1 to 3 are convicted and sentenced to undergo SI for one year for the offence punishable U/s 409 IPC and shall pay fine of Rs.10,000/- each and in default of fine, they shall under go simple imprisonment for 6 months.

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5) For the offence punishable U/s 13(2) r/w 13(1)(c) & (d) of Prevention of Corruption Act 1988, the accused No.1 shall undergo SI for one year and shall also pay fine of Rs.10,000/- and in default of payment of fine, he shall undergo simple imprisonment for 6 months.

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It is further ordered that the substantive sentences shall run concurrently.

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The bail bonds of the accused Nos. 1 to 3 are stand cancelled.

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Issue copy of the judgment to the accused Nos. 1 to 3".

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Facts of case in Crl.A.No.999/2011 (Special CC

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No.6/2007) is that the appellant while working as a manager of

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Indian Overseas Bank, K.R.Mohalla Branch, Mysore had allegedly entered into criminal conspiracy with accused No.2-Y. S. Rameshappa, proprietor of M/s. Sandhya Shree Transport Services, in the matter of disbursal of credit facilities, with an intention to cheat the bank and in furtherance thereof fraudulently allowed drawing of Rs.23,88,000/- in the current account held by said M/s. Sandhya Shree Transport Services

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belonging to one Y. S. Rameshappa, without sanctioning any credit limit in the said account, thereby causing the bank loss in a sum of Rs.22,96,000/-. Accordingly, a case in Crime No. RC 25(A)/2005 came to be filed for the offences punishable under Section 120B read with Section 420, 409 and 418 of IPC and Section 13(2) read with Section 13(1)(c) and (d) of Prevention of Corruption Act, 1988.

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After the investigation, Sanction order was passed. Charge sheet was filed. Charges were framed. Since the appellant- accused pleaded not guilty, sought to be tried. Matter was taken up for trial.

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Respondent-CBI, which had investigated the matter, examined 13 witnesses as PW1 to PW13 and exhibited 145 documents marked as Ex.P1 to Ex.P145. On behalf of the accused, 15 documents were marked as Ex.D1 to Ex.D15.

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The trial Court framed the points for consideration and on appreciation of the evidence proceeded to pass the order as noted above.

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HC-KAR

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Crl.A.No.1000/2011 arise out of the judgment of

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conviction and order on sentence as noted above passed in Special CC No.7/2007, wherein it is alleged that the appellant herein while working as a Branch Manager of Indian Overseas Bank, Mysore, had entered into criminal conspiracy with accused No.2-G. Ravi, proprietor of M/s G.R. Travels and Transports to cheat the Bank by permitting accused No.2 in drawing of Rs.60,71,000/- in cash credit. The accused had also involved in manipulating the accounts bringing down the debit balance, thereby have caused loss of Rs.52,91,000/- to the Bank. Accordingly, a case in Crime No.RC 25(A)/2005 came to be filed for the offences punishable under Section 120B read with Sections 420, 409 and 418 of IPC and Section 13(2) read with Section 13(1)(c) and (d) of Prevention of Corruption Act, 1988.

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Respondent-CBI examined 16 witnesses marked as

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PW1 to PW16 and exhibited 151 documents marked as Ex.P1 to Ex.P151. On behalf of the accused persons, 401 documents are marked as Ex.D1 to ExD.401. The trial Court, by the impugned

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HC-KAR

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judgment of conviction and order on sentence, sentenced the appellant as noted above.

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Crl.A.No.1001/2011 arises on the Special CC No.08/2007. Allegation in the said case is that, appellantaccused while working as a Branch Manager of Indian Overseas Bank, K. R. Mohalla, Mysore, entered into criminal conspiracy with accused No.2-A. S. Sahinatha the proprietor of M/s. Raja Enterprises, by allowing him to withdraw the money in excess of sanction limit in a sum of Rs.18,45,000/- thereby causing loss of Rs.18,13,000/- to the Bank. Accordingly, a case in Crime No.RC 25(A)/2005 came to be filed for the offences punishable under Section 120B read with Section 420, 409 and 418 of IPC and Section 13(2) read with Section 13(1)(c) and (d) of Prevention of Corruption Act, 1988. Charge sheet is filed.

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Respondent-CBI examined as many as 11 witnesses marked as PW.1 to PW.11 and exhibited 136 documents marked as Ex.P1 to Ex.P136. One document has been marked on behalf of the accused as Ex.D1. The trial Court on the aforesaid evidence passed judgment of conviction and order on sentence as noted above.

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HC-KAR

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Crl.A.No.1002/2011 arising out of Special CC

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No.9/2007. Allegation against the appellant is that he, in conspiracy with accused No.2-M. L. Harsha, proprietor of M/s Genius Industries Services had permitted withdrawal of the amount causing loss of Rs.16,51,000/- to the Bank. Resulting in a case in Crime No.RC 25(A)/2005 came to be filed for the offences punishable under Section 120B read with Section 420, 409 and 418 of IPC and Section 13(2) read with Section 13(1)(c) and (d) of Prevention of Corruption Act, 1988. Charge sheet was filed.

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Respondent -CBI examined 12 witnesses and exhibited 94 documents as Ex.P1 to Ex.P94. 9 documents have been marked on behalf of the accused as DW.1 to DW.9. The Trial Court has passed the above order. Being aggrieved by the above judgment of conviction and order on sentence, accused No.1- appellate is before this Court.

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It is appropriate to note before adverting to the submission of the learned counsel for the appellant that the private parties who were arraigned as accused No.2 in those

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cases had also filed appeals in Crl.A.No.943/2011 c/w Crl.A.Nos.970/2011, 990/2011, 991/2011 and 1011/2011 before this Court. This Court by order dated 22.01.2025 allowed those appeals in part and has directed to maintain conviction of the appellants therein for the offences punishable in Sections 120B, 420, 418 and 409 of IPC and modified the sentence of imprisonment by directing each of the appellants therein to pay enhanced fine of Rs.1,00,000/- each and disposed of the appeals accordingly.

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These appeals are by accused No.1, who was working as a Senior Branch Manager, K.R.Mohalla, Mysore at the relevant point in time, apprehensive of adverse impact of his pleading guilty, he had sought to contest the matter, accordingly, these matters were separated and taken up for final hearing.

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Learned counsel for the appellant taking this Court through the records at the outset submitted;

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(a) that alleged incident of withdrawal of amount by the accused No.2 in excess of the credit limit have taken place on

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HC-KAR

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and after 05.08.2005, the period at which the appellant No.1 was not in charge of the said bank.

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(b) that appellant was working as a manager between the period 01.06.2002 to 05.08.2005 on which date he was relieved and transferred to main branch.

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(c) Further taking this Court to the documents produced by the respondent- CBI, he submitted that documents more particularly marked through PW2 who was the Senior Manager of the branch in Special CC Nos.06/2007 and 07/2007 and 9/2007 do not form part of the records.

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(d) that trial Court after paragraph 39 of the impugned judgments has referred to the documents which are not part of the records and has arrived at the finding and conclusion holding that the appellant being guilty of negligent and misappropriation of funds on the basis of non-existing material evidence.

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(e) that even the documents which are marked through DW1 in these cases indicate the withdrawal of the amount were made after the appellant having left the branch.

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(f) He submits though the exhibits mentioned in Spl.CC No.8/2007, subject matter of Criminal Appeal No. 1001/2011 are available on record, they do not pertain to the said case. That the allegation in the said case is of over withdrawing of the amount by certain G.R.Travels and the documents subject matter of the said proceedings pertaining to one M/s Sandhya Travels. Therefore, he submits not only there is serious error in marking of the documents but also wrong application of mind and appreciation of the documentary evidence in the matter.

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(g) that the impugned judgment of conviction and order of sentence suffers from serious illegalities, infirmities, irregularities and therefore requires to be interfered and set aside.

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(h) He has also submitted synopsis/chart giving details of the exhibits which though purportedly marked through PW2 are not available on record. Hence, he submits that the judgment of conviction and order on sentence passed by the trial Court cannot be sustained. Hence, seeks for allowing of these appeals.

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Learned counsel appearing for the respondent-CBI

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though justifies the order passed by the trial Court, is not able to point out the documentary evidence marked through PW2 as they are not available on record. However, he submits the documents which are marked through the witnesses in Spl.CC No.8/2017 subject matter of Criminal Appeal No.1000/2017 are available on record which are sufficient to sustain the conviction.

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Heard and perused the records.

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Perusal of the records in Spl.CC No.6/2007, subject

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matter of Criminal Appeal No.999/2011 indicate that the account has been opened on 14.07.2003. However, loan documents in the nature of letter of hypothecation-Exhibit P3, Letter of consent for disclosure of information to Cibil- Ex.P4, Consent cum authorization letter-Ex.P4(a), Guarantee for cash credit-Ex.P9, Letter of consent for disclosure-Ex.P6, Intimation to income tax department dated subsequent to 05.08.2005, The date on which the appellant was not working in the said branch of the bank. Similar is the situation in the case of

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Special Case Nos.7/2007, 8/2007 and 9/2007 wherein the accounts are opened during this period. But the loan documents and withdrawal of amount were subsequent to him having been transferred from the said branch. As rightly pointed out by the learned counsel for appellant, these aspects of the matter has not been taken note of by the trial Court. Therefore when the appellant was not discharging his function as manager of the said branch, at the relevant point in time when the alleged over withdrawal of the amount has taken place, there is no justification in fastening the liability on the appellant for misdeeds if any that have taken place after he having left the branch.

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The other aspect of the matter which is vehemently canvassed by learned counsel the appellant is the trial Court relying upon the documents to convict the appellants which are not subject matter of the proceedings at all.

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Learned counsel brings to the notice of the Court the evidence recorded through PW2 through whom certain documents have been purportedly marked in the evidence. The

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HC-KAR

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documents which are marked through the said witness PW2 do

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not form part of any of these cases.

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A chart/synopsis prepared by the learned counsel

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for the appellant is extracted hereunder for immediate perusal:

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Crl. A No.999 of 2011 in Spl.CC No.6 of 2007

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Sandya Shree Transport

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EXHIBIT – P SERIES

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Ex.P.1	Account Opening Form
Ex.P.2	Specimen Signature Card
Ex.P.3	Letter of Hypothecation
Ex.P.4	Letter of Consent
Ex.P.5	Letter of Guarantee
Ex.P.6	Letter of Consent
Ex.P.7	Security Delivery Letter
Ex.P.8	Income Tax Return
Ex.P.9	Order copy of VST Tillers & Traders Ltd.
Ex.P.10	Order copy of VST Tillers & Traders Ltd.
Ex.P.11	Order copy of VST Tillers & Traders Ltd.
Ex.P.12	Order copy of VST Tillers & Traders Ltd.
Ex.P.13	Order copy of VST Tillers & Traders Ltd.
Ex.P.14	Certificate of Registration.
Ex.P.15	Allotment copy of Central Excise & Customs regarding STC
Ex.P.16	Copy of License Issued by MCC,

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	Mysore.
Ex.P.17	Legal Opinion issued by S Umesh,Adv.
Ex.P.18	Valuation Report of Immovable properties by H S Sheshagiri.
Ex.P.19	Confirmation letter in form No.379.
Ex.P.20	Allotment letter issued by MUDA
Ex.P.21	Possession Certificate.
Ex.P.22	Original Sale deed executed in favour of Manchamma.
Ex.P.23	Possession Certificate in favour of Hemavathamma.
Ex.P.24	Tax Paid Receipt of Manchamma
Ex.P.25	Encumbrance Certificate
Ex.P.26	Sanction advice by A2 and his wife.
Ex.P.27	Guarantors Statement.
Ex.P.28	Confirmation of Balance as on 11.08.2005.
Ex.P.29	Statement of Accounts from July 2003 to October 2005
Ex.P.30	Cheque
Ex.P.31	Cheque
Ex.P.32	Cheque
Ex.P.33	Cheque
Ex.P.34	Cheque
Ex.P.35	Cheque
Ex.P.36	Cheque
Ex.P.37	Cheque
Ex.P.38	Cheque
Ex.P.39	Cheque
Ex.P.40	Cheque

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Ex.P.41	Cheque
Ex.P.42	Cheque
Ex.P.43	Cheque
Ex.P.44	Cheque
Ex.P.45	Cheque
Ex.P.46	Cheque
Ex.P.47	Cheque
Ex.P.48	Cheque
Ex.P.49	Cheque
Ex.P.50	Cheque
Ex.P.51	Cheque
Ex.P.52	Cheque
Ex.P.53	Cheque
Ex.P.54	Cheque
Ex.P.55	Cheque
Ex.P.56	Cheque
Ex.P.57	Cheque
Ex.P.58	Cheque
Ex.P.59	Cheque
Ex.P.60	Cheque
Ex.P.61	Cheque
Ex.P.62	Cheque
Ex.P.63	Cheque
Ex.P.64	Cheque
Ex.P.65	Cheque
Ex.P.66	Cheque
Ex.P.67	Cheque
Ex.P.68	Cheque

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Ex.P.69	Cheque
Ex.P.70	Cheque
Ex.P.71	Cheque
Ex.P.72	Cheque
Ex.P.73	Cheque
Ex.P.74	Cheque
Ex.P.75	Cheque
Ex.P.76	Cheque
Ex.P.77	Cheque
Ex.P.78	Cheque
Ex.P.79	Cheque
Ex.P.80	Cheque
Ex.P.81	Cheque
Ex.P.82	Cheque
Ex.P.83	Debit Voucher
Ex.P.84	Debit Voucher
Ex.P.85	Debit Voucher
Ex.P.86	Debit Voucher
Ex.P.87	Credit Challan
Ex.P.88	Credit Challan
Ex.P.89	Credit Challan
Ex.P.90	Application filed for sanction of credit limit.
Ex.P.91	On demand promissory note.
Ex.P.92	Specimen Signature of of Pw1
Ex.P.93	Register of Cheque Book
Ex.P.94	CAF-1 Statement	Exhibit not found in Spl.CC/6/2007
Ex.P.95	Office copy of Objection Memo	Exhibit not found in

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		Spl.CC/6/2007
Ex.P.96	CAF-1 Statement	Exhibit not found in Spl.CC/6/2007
Ex.P.97	Office copy of Objection Memo	Exhibit not found in Spl.CC/6/2007
Ex.P.98	Office copy of Objection Memo	Exhibit not found in Spl.CC/6/2007
Ex.P.99	CAF-1 Statement	Exhibit not found in Spl.CC/6/2007
Ex.P.100	CAF-1 Statement	Exhibit not found in Spl.CC/6/2007
Ex.P.101	CAF-1 Statement	Exhibit not found in Spl.CC/6/2007
Ex.P.102	Office copy of Objection Memo	Exhibit not found in Spl.CC/6/2007
Ex.P.103	Office copy of Objection Memo	Exhibit not found in Spl.CC/6/2007
Ex.P.104	CAF-4 Statement	Exhibit not found in Spl.CC/6/2007
Ex.P.105	Office copy of Objection Memo	Exhibit not found in Spl.CC/6/2007
Ex.P.106	Office copy of Objection Memo	Exhibit not found in Spl.CC/6/2007
Ex.P.107	Office copy of Objection Memo	Exhibit not found in Spl.CC/6/2007
Ex.P.108	Office copy of Objection Memo	Exhibit not found in Spl.CC/6/2007
Ex.P.109	Letter to Indian Overseas Bank	Exhibit not found in Spl.CC/6/2007
Ex.P.110	Copy of General Instructions pertaining to advances	Exhibit not found in Spl.CC/6/2007
Ex.P.111	Booklet regarding Indian Overseas Bank Officers & Official disciplinary and regulations 1976	Exhibit not found in Spl.CC/6/2007
Ex.P.112	Booklet dated:30.07.2004	Exhibit not found in Spl.CC/6/2007
Ex.P.113	Booklet dated:10.07.2001	Exhibit not found in

¶174

22 -

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¶176

HC-KAR

¶177

		Spl.CC/6/2007
Ex.P.114	Booklet dated:19.12.2002	Exhibit not found in Spl.CC/6/2007
Ex.P.115	Document regarding instruction for the documentation.	Exhibit not found in Spl.CC/6/2007
Ex.P.116	Letter to CBI dated 01.07.2006	Exhibit not found in Spl.CC/6/2007
Ex.P.117	Internal Inspection Report dated 11.08.2005	Exhibit not found in Spl.CC/6/2007
Ex.P.118	Covering Letter	Spl.CC No.7/2007
Ex.P.119	Investigation report dated 18.10.2005
Ex.P.120	Sanction Order
Ex.P.121	Opinion of AGEQD
Ex.P.122	Letter of AGEQD
Ex.P.123	Letter of reasons
Ex.P.124	Document S1 to S11 contains Specimen Signature of A1
Ex.P.125	Document S12 to S25 contains Specimen Signature of A2	Spl.CC.No.8/2007
Ex.P.126	Document contains Specimen writing of A2	Spl.CC No.9/2007
Ex.P.127	Document S60 to S73 contains Specimen Signature of G Ravi	Spl.CC.No.7/2007
Ex.P.128	Document S74 to S85 contains Specimen Signature of A3	Spl.CC.No.7/2007
Ex.P.129	Sale deed
Ex.P.130	Seizure Memo
Ex.P.131	Statement of Credit Account.
Ex.P.132	Seizure Memo.
Ex.P.133	S/B Account
Ex.P.134	S/B Account
Ex.P.135	FIR

¶178

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¶179

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¶180

HC-KAR

¶181

Ex.P.136	Search List
Ex.P,137	Inventory
Ex.P.138	Search List	Spl.CC.No.7/2007
Ex.P.139	Search List	Spl.CC.No.9/2007
Ex.P.140	Search List	Spl.CC.No.9/2007
Ex.P.141	Search List	Spl.CC.No.7/2007
Ex.P.142	Search List
Ex.P.143	Search List
Ex.P.144	Search List	Spl.CC.No.7/2007
Ex.P.145	Search List	Spl.CC.No.7/2007

¶182

Crl. A No.1000 of 2011 in Spl.C.C No.7 of 2007

¶183

G R Travel, G R Marketing and MM Associates

¶184

EXHIBIT – P SERIES

¶185

Ex.P.1	Account opening form of G R Travel
Ex.P.2	Specimen Signature Card
Ex.P.3	Annexure to account opening form
Ex.P.4	Demand Promissory Note
Ex.P.5	Hypothecation Letter
Ex.P.6	Letter of confirmation
Ex.P.7	Letter of Hypothecation
Ex.P.8	Consent Letter
Ex.P.9	Sale deed of C Hema
Ex.P.10.	Sale deed of A2
Ex.P.11	Valuation Report
Ex.P.12	Legal Opinion of S Umesh.
Ex.P.13	Copies of Insurance Policies

¶186

24 -

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¶188

HC-KAR

¶189

Ex.P.14	Assessment of Income Tax Returns
Ex.P.15	Cheque
Ex.P.16	Cheque
Ex.P.17	Cheque
Ex.P.18	Cheque
Ex.P.19	Cheque
Ex.P.20	Cheque
Ex.P.21	Cheque
Ex.P.22	Cheque
Ex.P.23	Cheque
Ex.P.24	Cheque
Ex.P.25	Cheque
Ex.P.26	Cheque
Ex.P.27	Cheque
Ex.P.28	Cheque
Ex.P.29	Cheque
Ex.P.30	Cheque
Ex.P.31	Cheque
Ex.P.32	Cheque
Ex.P.33	Cheque
Ex.P.34	Cheque
Ex.P.35	Cheque
Ex.P.36	Cheque
Ex.P.37	Cheque
Ex.P.38	Cheque
Ex.P.39	Cheque
Ex.P.40	Cheque

¶190

25 -

¶191

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¶192

HC-KAR

¶193

Ex.P.41	Debit Voucher
Ex.P.42	Debit Voucher
Ex.P.43	Account Extract
Ex.P.44	Cheque
Ex.P.45	Cheque
Ex.P.46	Cheque
Ex.P.47	Cheque
Ex.P.48	Cheque
Ex.P.49	Account opening form of A2
Ex.P.50	Annexure of said form
Ex.P.51	Specimen Signature Card.
Ex.P.52	Project Report of A2
Ex.P.53	Cheque
Ex.P.54	Cheque
Ex.P.55	Cheque
Ex.P.56	Cheque
Ex.P.57	Cheque
Ex.P.58	Cheque
Ex.P.59	Cheque
Ex.P.60	Cheque
Ex.P.61	Credit Voucher
Ex.P.62	Credit Challan
Ex.P.63	Deposit Voucher
Ex.P.64	Debit Voucher
Ex.P.65	Statement of Accounts
Ex.P.66	Credit Challan
Ex.P.67	Credit Challan
Ex.P.68	Credit Challan

¶194

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¶195

26 -

¶196

HC-KAR

¶197

Ex.P.69	Credit Challan
Ex.P.70	Deposit Voucher
Ex.P.71	Deposit Voucher
Ex.P.72	Cheque
Ex.P.73	Cheque
Ex.P.74	Statement of Accounts
Ex.P.75	Current Account opening form
Ex.P.76	Specimen Signature Card
Ex.P.77	Cheque
Ex.P.78	Cheque
Ex.P.79	Statement of Accounts
Ex.P.80	Balance Confirmation
Ex.P.81	Application form for Credit Sanction
Ex.P.82	Cheque and cash book.
Ex.P.83	Cheque
Ex.P.84	Cheque
Ex.P.85	Cheque
Ex.P.86	Cheque
Ex.P.87	Cheque return memo
Ex.P.88	Cheque return memo
Ex.P.89	Cheque
Ex.P.90	Cheque
Ex.P.91	Cheque
Ex.P.92	Cheque
Ex.P.93	Cheque
Ex.P.94 Ex.P.95	Cheque Cheque

¶198

27 -

¶199

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¶200

HC-KAR

¶201

Ex.P.96	Cheque
Ex.P.97	Cheque
Ex.P.98	Cheque
Ex.P.99	Deposit Voucher
Ex.P.100	Cheque Return Memo
Ex.P.101	Cheque
Ex.P.102	Cheque
Ex.P.103	Cheque Book Issue Register
Ex.P.104	Cheque Book View
Ex.P.105	Cheque Book View
Ex.P.106	Seizure Memo
Ex.P.107	Letter
Ex.P.108	Cheque Return Memo
Ex.P.109	Cheque
Ex.P.110	CAF Statement	Exhibit Not found in Spl.CC/7/2007
Ex.P.111	Office copy of Objection Memo	Exhibit Not found in Spl.CC/7/2007
Ex.P.112	CAF Statement	Exhibit Not found in Spl.CC/7/2007
Ex.P.113	Office copy of objection Memo	Exhibit Not found in Spl.CC/7/2007
Ex.P.114	Office copy of objection Memo	Exhibit Not found in Spl.CC/7/2007
Ex.P.115	Office copy of objection Memo	Exhibit Not found in Spl.CC/7/2007
Ex.P.116	Office copy of objection Memo	Exhibit Not found in Spl.CC/7/2007
Ex.P.117	Office copy of objection Memo	Exhibit Not found in Spl.CC/7/2007
Ex.P.118	Office copy of objection Memo	Exhibit Not found in Spl.CC/7/2007
Ex.P.119	Office copy of objection Memo	Exhibit Not found in Spl.CC/7/2007
Ex.P.120	CAF-4 Statement	Exhibit Not found in Spl.CC/7/2007
Ex.P.121	Office copy of Objection Memo	Exhibit Not found in Spl.CC/7/2007
Ex.P.122	Office copy of objection Memo	Exhibit Not found in Spl.CC/7/2007

¶202

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¶203

28 -

¶204

HC-KAR

¶205

Ex.P.123 Ex.P.124	Office copy of objection Memo Office copy of objection Memo	Exhibit Not found in Spl.CC/7/2007 Exhibit Not found in Spl.CC/7/2007
Ex.P.125	Letter to the Indian Overseas Bank	Exhibit Not found in Spl.CC/7/2007
Ex.P.126	General instructions pertaining to advances.	Exhibit Not found in Spl.CC/7/2007
Ex.P.127	Booklet regarding IOB Officer and official disciplinary regulations	Exhibit Not found in Spl.CC/7/2007
Ex.P.128	Booklet dated:30.07.2004	Exhibit Not found in Spl.CC/7/2007
Ex.P.129	Booklet dated:10.07.2001	Exhibit Not found in Spl.CC/7/2007
Ex.P.130	Booklet dated:19.12.2002	Exhibit Not found in Spl.CC/7/2007
Ex.P.131	Document regarding instructions for documentation	Exhibit Not found in Spl.CC/7/2007
Ex.P.132	Letter dated 01.07.2006 to CBI	Exhibit Not found in Spl.CC/7/2007
Ex.P.133	Internal Inspection Report	Spl.CC/8/2007 and Spl.CC/9s/2007
Ex.P.134	Covering Letter
Ex.P.135	Report	Spl.CC/6/2007
Ex.P.136	Sanction Order
Ex.P.137	Account opening form
Ex.P.138	Specimen Signature
Ex.P.139	Letter of Proprietorship
Ex.P.140	Form 60
Ex.P.141	Address proof
Ex.P.142	Statement of accounts.
Ex.P.143	Folio for issues Cheque Book
Ex.P.144	Seizure Memo
Ex.P.145	Seizure Memo
Ex.P.146 Ex.P.147	Request Letter for Overdraft Specimen Signature card.

¶206

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¶207

29 -

¶208

Ex.P.148	Letter of Proprietorship.
Ex.P.149	Statement of Account dated 02.08.2005 to 01.10.2005
Ex.P.150	Folio for issues Cheque Book
Ex.P.151	Seizure Memo.

¶209

Crl. A No.1001 of 2011 in Spl.C.C No.8 of 2007

¶210

Raja Enterprises

¶211

EXHIBIT – P SERIES

¶212

Ex.P.1	Account opening form.
Ex.P.2	Specimen signature card
Ex.P.3	Application for sanction of Credit Limit
Ex.P.4	Balance Sheet regarding profit
Ex.P.5	Pre-sanction Inspection Report
Ex.P.6	Office note for document of credit limit
Ex.P.7	Credit Facility Advice
Ex.P.8	On Demand Promissory Note dated 25.01.2003.
Ex.P.9	Letter of Hypothecation.
Ex.P.10	Certification on documentation.
Ex.P.11	Post sanction inspection
Ex.P.12	Short review of borrower account.
Ex.P.13	Letter of Hypothecation.
Ex.P.14	Letter of consent.
Ex.P.15	On demand promissory note dated 16.08.2005.
Ex.P.16	Letter of Hypothecation of A2.
Ex.P.17	Revival Letter of A2
Ex.P.18	Letter given by A2

¶213

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¶214

30 -

¶215

HC-KAR

¶216

Ex.P.19	Account extract
Ex.P.20	Stock Statement of A2
Ex.P.21	Godown Inspection Report
Ex.P.22	Drawing Power Register
Ex.P.23	Copy of LIC Policy
Ex.P.24	Cheque
Ex.P.25	Cheque
Ex.P.26	Cheque
Ex.P.27	Cheque
Ex.P.28	Cheque
Ex.P.29	Cheque
Ex.P.30	Cheque
Ex.P.31	Cheque
Ex.P.32	Cheque
Ex.P.33	Cheque
Ex.P.34	Cheque
Ex.P.35	Cheque
Ex.P.36	Cheque
Ex.P.37	Cheque
Ex.P.38	Cheque
Ex.P.39	Cheque
Ex.P.40	Cheque
Ex.P.41	Cheque
Ex.P.42	Cheque
Ex.P.43	Cheque
Ex.P.44	Cheque
Ex.P.45	Cheque
Ex.P.46	Cheque

¶217

31 -

¶218

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¶219

HC-KAR

¶220

Ex.P.47	Cheque
Ex.P.48	Cheque
Ex.P.49	Cheque
Ex.P.50	Cheque
Ex.P.51	Cheque
Ex.P.52	Cheque
Ex.P.53	Cheque
Ex.P.54	Cheque
Ex.P.55	Cheque
Ex.P.56	Cheque
Ex.P.57	Cheque
Ex.P.58	Cheque
Ex.P.59	Cheque
Ex.P.60	Cheque
Ex.P.61	Cheque
Ex.P.62	Cheque
Ex.P.63	Cheque
Ex.P.64	Cheque
Ex.P.65	Cheque
Ex.P.66	Cheque
Ex.P.67	Cheque
Ex.P.68	Cheque
Ex.P.69	Cheque
Ex.P.70	Cheque
Ex.P.71	Cheque
Ex.P.72	Cheque
Ex.P.73	Cheque
Ex.P.74	Cheque

¶221

32 -

¶222

NC: 2026:KHC:21067 CRL.A No. 999 of 2011 C/W CRL.A No. 1000 of 2011 CRL.A No. 1001 of 2011 AND 1 OTHER

¶223

HC-KAR

¶224

Ex.P.75	Cheque
Ex.P.76	Cheque
Ex.P.77	Cheque
Ex.P.78	Cheque
Ex.P.79	Cheque
Ex.P.80	Cheque
Ex.P.81	Cheque
Ex.P.82	Cheque
Ex.P.83	Cheque
Ex.P.84	Cheque
Ex.P.85	Cheque
Ex.P.86	Cheque
Ex.P.87	Debit Voucher
Ex.P.88	Statement of Account of A/c No.19596
Ex.P.89	Application of Sanction of Credit Limit
Ex.P.90	Credit Sanction Advice
Ex.P.91	Demand Promissory Note
Ex.P.92	Balance Confirmation Letter
Ex.P.93	Cheque
Ex.P.94	Cheque
Ex.P.95	Cheque
Ex.P.96	Cheque
Ex.P.97	Cheque
Ex.P.98	Cheque
Ex.P.99	Debit Voucher
Ex.P.100	Letter dated 03.03.2006
Ex.P.101 Ex.P.102	Seizure Memo dated 27/06/2006 Cheque Book Issue /R/egistration	Pertaining to all 4 Accounts

¶225

33 -

¶226

NC: 2026:KHC:21067 CRL.A No. 999 of 2011 C/W CRL.A No. 1000 of 2011 CRL.A No. 1001 of 2011 AND 1 OTHER

¶227

HC-KAR

¶228

Ex.P.103	Letter dated 24/07/2006	Pertaining to all 4 Accounts
Ex.P.104	Cheque Book View Register
Ex.P.105	CAF-1 Statement
Ex.P.106	Copy of Objection Memo
Ex.P.107	CAF-3 Statement
Ex.P.108	Office copy of objection memo
Ex.P.109	Office copy of objection memo
Ex.P.110	Office copy of objection memo
Ex.P.111	Office copy of objection memo
Ex.P.112	Office copy of objection memo
Ex.P.113	Office copy of objection memo
Ex.P.114	Office copy of objection memo
Ex.P.115	CAF- 4 Statement
Ex.P.116	Office copy of objection memo
Ex.P.117	Office copy of objection memo
Ex.P.118	Office copy of objection memo
Ex.P.119	Office copy of objection memo
Ex.P.120	Letter	Spl.CC/6/2007 Spl.CC/7/2007
Ex.P.121	General Instruction on advance
Ex.P.122	Booklet regarding disciplinary regulation of 1976
Ex.P.123	Discretionary Power Booklet dated 30.07.2004
Ex.P.124	Discretionary Power Booklet dated 10.07.2001
Ex.P.125	Booklet
Ex.P.126	Instruction for documentation
Ex.P.127	Letter dated 01.07.2006 to IOB

¶229

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¶230

34 -

¶231

HC-KAR

¶232

Ex.P.128	Internal Inspection Report	Spl.C.C/9/2007
Ex.P.129	Letter	Spl.CC/7/2007
Ex.P.130	Report	Spl.CC/6/2007
Ex.P.131	Letter
Ex.P.132	Letter
Ex.P.133	Portion of statement
Ex.P.134	Statement
Ex.P.135	Seizure Memo
Ex.P.136	Sanction Order

¶233

Crl. A No.1002/2011 in Spl.C.C No.9/2007

¶234

Genius Industries

¶235

EXHIBIT – P SERIES

¶236

Ex.P.1	Account proposal form
Ex.P.2	Guarantors Statement
Ex.P.3	Letter of Hypothecation
Ex.P.4	Agreement of Guarantor
Ex.P.5	Letter of consent
Ex.P.6	Confirmation Letter
Ex.P.7	Format of certification on documentation
Ex.P.8	Credit Sanction Advice
Ex.P.9	Blank on demand promissory note
Ex.P.10	Letter of Hypothecation
Ex.P.11	Letter of Consent
Ex.P.12	Agreement of Guarantee
Ex.P.13	Valuation Report
Ex.P.14	Stock Statement

¶237

35 -

¶238

NC: 2026:KHC:21067 CRL.A No. 999 of 2011 C/W CRL.A No. 1000 of 2011 CRL.A No. 1001 of 2011 AND 1 OTHER

¶239

HC-KAR

¶240

Ex.P.15	Inspection Report (Pre sanction report)
Ex.P.16	Drawing Power register
Ex.P.17	Credit Challan
Ex.P.18	Credit Challan
Ex.P.19	Credit Challan
Ex.P.20	Credit Challan
Ex.P.21	Credit Challan
Ex.P.22	-
Ex.P.23	-
Ex.P.24	-
Ex.P.25	Debit Voucher
Ex.P.26	Debit Voucher
Ex.P.27	Debit Voucher
Ex.P.28	Debit Voucher
Ex.P.29	Cheque
Ex.P.30	Cheque
Ex.P.31	Cheque
Ex.P.32	Cheque
Ex.P.33	Cheque
Ex.P.34	Cheque
Ex.P.35	Cheque
Ex.P.36	Cheque
Ex.P.37	Cheque
Ex.P.38	Cheque
Ex.P.39	Cheque
Ex.P.40 Ex.P.41	Cheque Cheque

¶241

36 -

¶242

NC: 2026:KHC:21067 CRL.A No. 999 of 2011 C/W CRL.A No. 1000 of 2011 CRL.A No. 1001 of 2011 AND 1 OTHER

¶243

HC-KAR

¶244

Ex.P.42	Cheque
Ex.P.43	Outward DBP
Ex.P.44	Statement of Accounts
Ex.P.45	Application for Sanction of Credit Limit
Ex.P.46	Credit Sanction Advice
Ex.P.47	On Demand Promissory Note
Ex.P.48	Office Note regarding Sanction of Loan
Ex.P.49	A2 Cheque – Bank of India
Ex.P.50	Credit Challan
Ex.P.51	Credit Challan
Ex.P.52	Credit Challan
Ex.P.53	Cheque
Ex.P.54	Cheque
Ex.P.55	Cheque
Ex.P.56	Extract of Cheque Book View
Ex.P.57	Letter dated 28.04.2006
Ex.P.58	Letter dated 18.07.2006
Ex.P.59	CFA-1 Statement	Exhibit not found in Spl.CC/9/2007
Ex.P.60	Office copy of objection memo	Exhibit not found in Spl.CC/9/2007
Ex.P.61	CFA-3 Statement	Exhibit not found in Spl.CC/9/2007
Ex.P.62	Office copy of objection memo	Exhibit not found in Spl.CC/9/2007
Ex.P.63	Office copy of objection memo	Exhibit not found in Spl.CC/9/2007
Ex.P.64	Office copy of objection memo	Exhibit not found in Spl.CC/9/2007
Ex.P.65	Office copy of objection memo	Exhibit not found in Spl.CC/9/2007
Ex.P.66	Office copy of objection memo	Exhibit not found in Spl.CC/9/2007
Ex.P.67	Office copy of objection memo	Exhibit not found in Spl.CC/9/2007
Ex.P.68	Office copy of objection memo	Exhibit not found in Spl.CC/9/2007

¶245

37 -

¶246

NC: 2026:KHC:21067 CRL.A No. 999 of 2011 C/W CRL.A No. 1000 of 2011 CRL.A No. 1001 of 2011 AND 1 OTHER

¶247

HC-KAR

¶248

Ex.P.69	CAF-4 Statement of IOB	Exhibit not found in Spl.CC/9/2007
Ex.P.70	Office copy of objection memo	Exhibit not found in Spl.CC/9/2007
Ex.P.71	Office copy of objection memo	Exhibit not found in Spl.CC/9/2007
Ex.P.72	Office copy of objection memo	Exhibit not found in Spl.CC/9/2007
Ex.P.73	Office copy of objection memo	Exhibit not found in Spl.CC/9/2007
Ex.P.74	Letter of IOB	Exhibit not found in Spl.CC/9/2007
Ex.P.75	General Instruction	Exhibit not found in Spl.CC/9/2007
Ex.P.76	Booklet	Exhibit not found in Spl.CC/9/2007
Ex.P.77	Booklet dated 30.07.2004	Exhibit not found in Spl.CC/9/2007
Ex.P.78	Booklet dated 10.07.2001	Exhibit not found in Spl.CC/9/2007
Ex.P.79	Booklet dated 19.07.2002	Exhibit not found in Spl.CC/9/2007
Ex.P.80	Instruction for documentation	Exhibit not found in Spl.CC/9/2007
Ex.P.81	Letter dated 01.07.2006	Exhibit not found in Spl.CC/9/2007
Ex.P.82	Internal Inspection Report	Spl.CC/8/2007
Ex.P.83	Letter	Spl.CC/7/2007
Ex.P.84	Report	Spl.CC/6/2007
Ex.P.85	Letter
Ex.P.86	Letter
Ex.P.87	Sanction Order
Ex.P.88	Account Opening Form of C/A Vinyas Consultants
Ex.P.89	Statement of Account
Ex.P.90	Seizure Memo
Ex.P.91	Accused Opening Form of C/A Meghana Digital Technology
Ex.P.92	Statement of Account
Ex.P.93 Ex.P.94	Folio Cheque Book Register Seizure Memo

¶249

NC: 2026:KHC:21067 CRL.A No. 999 of 2011 C/W CRL.A No. 1000 of 2011 CRL.A No. 1001 of 2011 AND 1 OTHER

¶250

38 -

¶251

HC-KAR

¶252

As already noted above, perusal of the aforesaid chart indicate that Exs.P94 to P117 which are purportedly marked through PW2 in Spl.CC No.6/2007, subject matter of Criminal Appeal No.999/2011, do not form part of the record of the said case.

¶253

Similarly Exs.P125, 126, 127, 128. Exs.138 to 145 pertain to the Spl.CC Nos.7/2007, 8/2007 and 9/2007. However, perusal of the impugned judgment indicate that the trial Court at paragraph 37 onwards has extensively referred to these exhibits and has come to its own conclusion in convicting the accused based on the said documents which neither exists nor form part of the record.

¶254

Not only these documents did not form part of the record, but they also do not pertain to the transaction subject matter of the offence alleged.

¶255

Similar is the situation in respect to Spl.CC No.7/2007 subject matter of Criminal Appeal No.1000/2011. In that Ex.P110 to Ex.P135, do not form part of the said case and they are not available on record. However, the trial Court has

¶256

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¶257

39 -

¶258

extensively referred to these non-existing documents in its judgment to come to the conclusion of accused-appellant having committed the offence alleged.

¶259

As regards Spl.CC No.7/2007 subject matter of Criminal Appeal No.1001/2011. Exs.P20, 128 and 129 pertain to Spl.CC Nos.6/2007, 7/2007 and 9/2007 though only 136 documents have been marked in the said case, the trial judge has referred to Exhibits upto 151. Ex.P137 to 151 do not exist and do not form part of the record.

¶260

As regards Spl.CC No.9/2007, subject matter of Criminal Appeal No.1002/2011, though Ex.P59 to Ex.P84 have been purportedly marked through PW2, the said documents do not form part of the record. The trial Court has extensively relied upon these non-existing documents as done in other cases.

¶261

It is not the case of the prosecution that the impugned judgment of conviction or sentence can be sustained even in the absence of said documents. Thus, the impugned

¶262

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¶263

judgment and order undoubtedly passed based on non-existing documentary evidence. Thus, suffers from perversity.

¶264

Learned counsel for appellant submits CFA- Credit Administrative Forms pertains to loan sanctioning. Then CF3 pertains to temporary overdraft facility. CF4 pertains to purchase of cheque. And these documents, as rightly pointed out by the counsel for the appellant, forms intrinsic part of the loan transaction in the absence of which it cannot be found whether the accused No.2 in these cases were indeed permitted to withdraw the amount beyond the limit. This Court is not able to comprehend the basis on which the trial Court has adverted to these documents extensively in the judgment. The only reasonable conclusion that could be drawn is that it could be a case requiring remand on the matter. The consequential question that would arise is, whether even remand at this juncture would serve the purpose?.

¶265

The trial in this case was conducted during the year 2007, which is about two decades ago. The witnesses who were examined, it is said most of them are no more. It is not even a case of these documents being misplaced or wrongly taken on

¶266

NC: 2026:KHC:21067 CRL.A No. 999 of 2011 C/W CRL.A No. 1000 of 2011 CRL.A No. 1001 of 2011 AND 1 OTHER

¶267

41 -

¶268

HC-KAR

¶269

record. It is a case of these documents not being available or not being part of the records. Even if it was a case of misplace or wrongly placed, the matter could have been remitted to trial Court to reconsider and re-appreciate the matter which is also not the case. Remanding the matter for re-consideration and re-appreciation in the peculiar facts which are of this nature would also serve no purpose as the exhibits in each of the cases noted above are not at all available.

¶270

Another mitigating factor to be noted is the accused No.1 is presently stated to be aged about 77 years. Asking him to go through the process of re-trial in the absence of material evidence which are admittedly missing and in the absence of witnesses who are stated to have passed away would undoubtedly cause serious legal prejudice and this Court do not find it appropriate to adopt that course either.

¶271

Under the circumstances, the judgment of conviction and order of sentence passed by the trial Court based on assumptions and surmises and complete lack of application of mind cannot be sustained. Accordingly, the following:

¶272

42 -

¶273

NC: 2026:KHC:21067 CRL.A No. 999 of 2011 C/W CRL.A No. 1000 of 2011 CRL.A No. 1001 of 2011 AND 1 OTHER

¶274

HC-KAR

¶275

ORDER

¶276

i. Appeals are allowed .

¶277

ii. Impugned Judgments of conviction and orders of sentence are set aside.

¶278

iii. Bail bond and surety if any, stands cancelled.

¶279

iv. The accused is acquitted for the offence punishable under Section 120B read with Sections 420, 409 and 418 of IPC and Section 13(2) read with Section 13(1)(c) and (d) of Prevention of Corruption Act, 1988.

¶280

Sd/(M.G.S. KAMAL) JUDGE

¶281

RU, SBN List No.: 1 Sl No.: 55

S Subramanian v. State CBI Police

Case brief

What is this about?

What did the court decide?

S Subramanian v. State CBI Police

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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Statutes considered

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