Partly allowed

D.Kalai Selvam v. the Inspector of Police

Madras HC15 Sept 2023CRL A/260/2013

Case brief

AI extract

What is this about?

Criminal appeals against conviction for bank fraud and corruption involving fictitious firms. The High Court upheld the conviction but substantially reduced the sentences from 7 years RI to 2 years RI and reduced fines, citing the pendency of recovery proceedings before DRT as a mitigating factor.

What did the court decide?

Conviction upheld but sentence modified: for most offences, RI reduced from 7 years to 2 years and fine reduced (e.g., to Rs. 1,00,000/-). For A-1, RI reduced to 2 years (fine unchanged Rs. 50,000/-).

D.Kalai Selvam Vs the Inspector of Police — Corruption | Madras HC (2023)

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Crl.A Nos.260 & 269 of 2013

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Reserved on: 04.09.2023 Pronounced on: 15.09.2023

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CORAM :

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THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN

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Crl.A.Nos.260 & 269 of 2013

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1.D.Kalai Selvam

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2.S.Ravi

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3.S.Elumalai

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4.D.Senthil

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5.S.Vijayakumar

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6.N.Devaraj ... Petitioner in Crl.A.No.260 of 2013

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R.Charles Jayaseelan ... Petitioner in Crl.A.No.269 of 2013

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/versus/

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Union of India,

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Represented by the Inspector of Police, CBI, Chennai.

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(RC.No.28(A)/2000/SPE/CBI/ACB/Chennai ..Respondent in both Appeals

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COMMON PRAYER : Criminal Appeals has been filed under Section 374 of Cr.P.C r/w Section 27 of P.C. Act., to set aside the conviction imposed against the Appellants/Accused A2 to A4 and A6 to A8 in Crl.A.No.269 of 2013 and A1/Appellant in Crl.A. No.269 of 2013 in C.C. No.17 of 2003 on the file of the

*Rank of the Accused*	*Charges*
A-1 to A-8	120-B r/w 420, 419, 467, 467 r/w 471, 468, 468 r/w 471 of I.P.C and 13 (2) r/w 13(1)(d) of P.C Act, 1988.
A-1	13 (2) r/w 13(1)(d) of P.C Act
A-2	419, 468, 468 r/w 471, 467, 467 r/w 471, 420 of I.P.C
A-3	468, 468 r/w 471, 467, 467 r/w 471, 420 of I.P.C
A-4	419, 468, 468 r/w 471, 467, 467 r/w 471, 420 of I.P.C
A-5 & A-6	468, 468 r/w 471 of I.P.C
A-5	468, 468 r/w 471, 467, 467 r/w 471, 420 of I.P.C
A-7 & A8	420 of I.P.C

_Accused _	*Offences under Section*	*Conviction and Sentence passed by the Trial Court*
*A-1*	u/s.120-B r/w 420, 419, 467, 467 r/w 471 IPC, 468, 468 r/w 471 IPC and sec.13 (2) r/w 13 (1) (d) of PC Act, 1988.	To undergoR.I for 7 (seven)years and to pay a fine of Rs.50,000/-(Rupees Fifty Thousand only) and in default to undergo S.I for one year.
*A-2*	u/s.120-B r/w 420, 419, 467, 467 w 471 IPC, 468, 468 r/w 471 IPC and sec.13 (2) r/w 13 (1) (d) of PC Act, 1988.	To undergoR.I FOR 7 (seven)years and to pay a fine ofRs.25,00,000/-(Rupees Twenty Five Lakhs only) and in default to undergo S.I for one year.
*A-3*	u/s. 120-B r/w 420, 419, 467, 467 r/w 471 IPC, 468, 468 r/w 471 IPC and sec.13 (2) r/w 13 (1) (d) of PC Act, 1988.	To undergoR.I for 7 (seven)years and to a fine of Rs.26,00,000/-(Rupees Twenty Six Lakhs only) and in default to undergo S.I for one year.
*A-4*	u/s. 120-B r/w 420, 419, 467, 467 r/w 471 IPC, 468, 468 r/w 471 IPC and (2) r/w 13 (1) (d) of PC Act 1988.	To undergoR.I for 7 (seven)years and to pay a fine of Rs.24,00,000/-(Rupees Twenty Four Lakhs only) and in default to undergo S.I for one year.
*A-6*	u/s. 120-B r/w 420, 419, 467, 467 r/w 471 IPC, 468, 468 r/w 471 IPC and sec.13 (2) r/w 13 (1) (d) of PC Act, 1988.	To undergoR.I for 7 (seven)years and to pay a fine of Rs.56,00,000/-(Rupees Fifty Six Lakhs only) and in default to undergo S.I for one year.
*A7&A8*	u/s. 120-B r/w 420, 419, 67, 467 r/w 471 IPC 468, 468 r/w 471 IPC and sec.13 (2) r/w 13 (1) (d) of PC Act 1988.	to undergoR.I for 7 (seven)years each and to pay a fine ofRs.50,000/-(Rupees Fifty Thousand only) sach and in default to undergo S.I for one year.

_Accused _	*Offences under Section*	*Conviction and Sentence passed by the Trial Court*
	u/s. 419 IPC	To undergoR.I for 7 (seven)years and to pay a fine of Rs.25,00,000/-(Rupees Twenty Five Lakhs only) and in default to undergo S.I for one year.
*A-2*	u/s. 468 IPC	to undergoR.I for 7 (seven)years and to pay a fine of Rs.25,00,000/-(Rupees Twenty Five Lakhs only) and in default to undergo S.I for one year.
	u/s. 468 r/w 471 IPC	To undergoR.I for 7 (seven)years and to pay a fine of Rs.25,00,000/-(Rupees Twenty Five Lakhs only) and in default to undergo S.I for one year
	u/s. 467 IPC	To undergoR.I for 7 (seven)years and to pay a fine of Rs.25,00,000/-(Rupees Twenty Five Lakhs only) and in default to undergo S.I for one year.
	u/s. 467 r/w 471 IPC	To undergoR.I for 7 (seven)years and to pay a fine of Rs.25,00,000/-(Rupees Twenty Five Lakhs only) and in default to undergo S.I for one year.
	u/s. 420 IPC	To undergoR.I for 7 (seven)years and to pay a fine of Rs.25,00,000/-(Rupees Twenty Five Lakhs only) and in default to undergo S.I for one year.
*A-3*	u/s. 468 IPC	To undergoR.I for 7 (seven)years and to pay a fine of Rs.26,00,000/-(Rupees Twenty Six Lakhs only) and in default to undergo S.I for one year.
	u/s. 468 r/w 471 IPC	To undergoR.I for 7 (seven)years and to pay a fine of Rs.26,00,000/-(Rupees Twenty Six Lakhs only) and in default to undergo S.I for one year.
	u/s. 467 IPC	To undergoR.I for 7 (seven)years and to pay a fine of RS.26,00,000/-(Rupees Twenty Six Lakhs only) and in default to undergo S.I for one year.
	u/s. 467 r/w 471 IPC	To undergoR.I for 7 (seven)years and to pay a fine of Rs.26,00,000/-(Rupees Twenty Six Lakhs only) and in default to undergo S.I for one year.
	u/s. 420 IPC	To undergoR.I for 7 (seven)years and to pay a fine of Rs.26,00,000/-(Rupees Twenty Six Lakhs only) and in default to undergo S.I for one year.
*A-4*	u/s. 419 IPC	To undergoR.I for 7 (seven)years and to pay a fine of Rs.24,00,000/-(Rupees Twenty Four Lakhs only) and in default to undergo S.I for one year.

*Sl.* *No.*	*Name of the accused*	*Sanctioned Loan amount*	*Date of Loan* *Sanctioned*	*Remarks/Balance*
1.	R.Charles Jayaseelan (A1)	Then Manager, Indian Bank Thiruvottiyur, Chennai.
2.	D.Kalaiselvam, (A2)	Rs.16,91,000/- sanctioned in the name of Jacob	From 07.06.1999 to 25.11.1999	Rs.1,68,14,955.88
3.	S.Ravi, Loanee, Proprietor, M/s.D.D.Enterprises	Rs.17,24,000/-	From 07.06.1999 to 25.11.1999	Rs.1,54,39,286.22
4.	S.Elumalai, Loanee, Proprietor, M/s.Elumalayan	Rs.16,04,000/- sanctioned in the name of Sundaram	From 09.06.1999 to 25.11.1999	Rs.1,65,30,676.64

*Sl.* *No.*	*Name of the accused*	*Sanctioned Loan amount*	*Date of Loan* *Sanctioned*	*Remarks/Balance*
	Enterprises
5.	K.Shanmugham (A-5)	Rs.20,04,000/-	From 16.09.1999 to 25.11.1999	Rs.1,65,30,676.64
6.	S.Vijayakumar (A7) & N.Devaraj (A8)	G	uarantors
	Total			Rs.6,53,15,595,38
	Legal Fees			Rs.2,29,000.00
	Total			Rs.6,55,64,000.38

*Rank of the Accused*	*Guilty of Offence Under Section*
A1 to A4 and A6 to A8	u/s. 120-B r/w 420, 419, 467, 467 r/w 471 IPC, 468, 468 r/w 471 IPC and sec.13 (2) r/w 13 (1) (d) of Prevention of Corruption Act, 1988.
A2	u/s.419 IPC, u/s.468 IPC, u/s.468 r/w 471 IPC, u/s.467 IPC, u/s.467 r/w 471 IPC. u/s.420 IPC.
A-3	u/s.468 IPC, u/s.468 r/w 471 IPC, u/s.467 IPC, u/s.467 r/w 471 IPC, u/s.420 IPC.
A-4	u/s.419 IPC, u/s.468 IPC, u/s.468 r/w 471 IPC, u/s.467 IPC, u/s.467 r/w 471 IPC, u/s.420 IPC.
A-6	u/s.468 IPC,u/s.468 r/w 471 IPC.
A7 and A8	u/s.420 IPC.
A1	u/s.13 (2) r/w,13 (1) (d) of Prevention of Corruption Act, 1988.

_Accused _	*Offences*	*under*	*Conviction and Sentence*	*Conviction and Sentence*
	*Section*		*passed by the Trial Court*	*modifies by this Court*
*A-1*	u/s.120-B r/w	420,	To undergoR.I for 7years	To undergoR.I for 2years

_Accused _	*Offences* *under* *Section*	*Conviction and Sentence* *passed by the Trial Court*	*Conviction and Sentence* *modifies by this Court*
	419, 467, 467 r/w 471 IPC, 468, 468 r/w 471 IPC and sec.13 (2) r/w 13 (1) (d) of PC Act, 1988.	and to pay a fine of Rs.50,000/-and in default to undergo S.I for one year.	and to pay a fine of Rs.50,000/-and in default to undergo S.I for 3 months.
*A-2*	u/s.120-B r/w 420, 419, 467, 467 w 471 IPC, 468, 468 r/w 471 IPC and sec.13 (2) r/w 13 (1) (d) of PC Act, 1988.	To undergoR.I for 7years and to pay a fine of Rs.25,00,000/- and in default to undergo S.I for one year.	To undergoR.I for 2years and to pay a fine of Rs.1,00,000/- and in default to undergo S.I for3 months.
*A-3*	u/s. 120-B r/w 420, 419, 467, 467 r/w 471 IPC, 468, 468 r/w 471 IPC and sec.13 (2) r/w 13 (1) (d) of PC Act, 1988.	To undergoR.I for 7years and to a fine of Rs.26,00,000/- and in default to undergo S.I for one year.	To undergoR.I for 2years and to a fine of Rs.1,00,000/- and in default to undergo S.I for3 months.
*A-4*	u/s. 120-B r/w 420, 419, 467, 467 r/w 471 IPC, 468, 468 r/w 471 IPC and (2) r/w 13 (1) (d) of PC Act 1988.	To undergoR.I for 7years and to pay a fine of Rs.24,00,000/- and in default to undergo S.I for one year.	To undergoR.I for 2years and to a fine of Rs.1,00,000/- and in default to undergo S.I for3 months.
*A-6*	u/s. 120-B r/w 420, 419, 467, 467 r/w 471 IPC, 468, 468 r/w 471 IPC and sec.13 (2) r/w 13 (1) (d) of PC Act, 1988.	To undergoR.I for 7years and to pay a fine of Rs.56,00,000/- and in default to undergo S.I for one year.	To undergoR.I for 2years and to a fine of Rs.1,00,000/- and in default to undergo S.I for3 months.
*A7&A8*	u/s. 120-B r/w 420, 419, 67, 467 r/w 471 IPC 468, 468 r/w 471 IPC and sec.13 (2) r/w 13 (1) (d) of PC Act 1988.	to undergoR.I for 7years each and to pay a fine of Rs.50,000/-each and in default to undergo S.I for one year.	To undergoR.I for 2years and to a fine ofRs.50,000/- and in default to undergo S.I for3 months.
*A-2*	u/s. 419 IPC	To undergoR.I for 7years and to pay a fine of Rs.25,00,000/- and in default to undergo S.I for	To undergoR.I for 1year and to pay a fine of Rs.50,000/-and in default to undergo S.I for1 month.

_Accused _	*Offences* *under* *Section*	*Conviction and Sentence* *passed by the Trial Court*	*Conviction and Sentence* *modifies by this Court*
		and to pay a fine of RS.26,00,000/- and in default to undergo S.I for one year.	and to pay a fine of Rs.1,00,000/- and in default to undergo S.I for3 months.
	u/s. 467 r/w 471 IPC	To undergoR.I for 7years and to pay a fine of Rs.26,00,000/- and in default to undergo S.I for one year.	To undergoR.I for 2years and to pay a fine of Rs.1,00,000/- and in default to undergo S.I for3 months.
	u/s. 420 IPC	To undergoR.I for 7years and to pay a fine of Rs.26,00,000/- and in default to undergo S.I for one year.	To undergoR.I for 2years and to pay a fine of Rs.1,00,000/- and in default to undergo S.I for3 months.
*A-4*	u/s. 419 IPC	To undergoR.I for 7years and to pay a fine of Rs.24,00,000/- and in default to undergo S.I for one year.	To undergoR.I for 1year and to pay a fine of Rs.50,000/-and in default to undergo S.I for1 month.
	u/s. 468 IPC	To undergoR.I for 7years and to pay a fine of Rs.24,00,000/- and in default to undergo S.I for one year.	To undergoR.I for 2years and to pay a fine of Rs.1,00,000/- and in default to undergo S.I for3 months.
	u/s. 468 r/w 471 IPC	To undergoR.I for 7years and to pay a fine of Rs.24,00,000/- and in default to undergo S.I for one year.	To undergoR.I for 2years and to pay a fine of Rs.1,00,000/- and in default to undergo S.I for3 months.
	u/s. 467 IPC	To undergoR.I for 7years and to pay a fine of Rs.24,00,000/- and in default to undergo S.I for one year.	To undergoR.I for 2years and to pay a fine of Rs.1,00,000/- and in default to undergo S.I for3 months.
	u/s. 467 r/w 471 IPC	To undergoR.I for 7years and to pay a fine of Rs.24,00,000/- and in default to undergo S.I for	To undergoR.I for 2years and to pay a fine of Rs.1,00,000/- and in default to undergo S.I for3

_Accused _	*Offences* *under* *Section*	*Conviction and Sentence* *passed by the Trial Court*	*Conviction and Sentence* *modifies by this Court*
		one year.	months.
	u/s. 420 IPC	To undergoR.I for 7years and to pay a fine of Rs.24,00,000/- and in default to undergo S.I for one year.	To undergoR.I for 2years and to pay a fine of Rs.1,00,000/- and in default to undergo S.I for3 months.
*A-6*	u/s. 468 IPC	To undergoR.I for 7years and to pay a fine of Rs.56,00,000/- and in default undergo S.I for one year.	To undergoR.I for 2years and to pay a fine of Rs.1,00,000/- and in default to undergo S.I for3 months.
	u/s. 468 r/w 471 IPC	To undergoR.I for 7years and o pay a fine of Rs.56,00,000/- and in default undergo S.I for one year.	To undergoR.I for 2years and to pay a fine of Rs.1,00,000/- and in default to undergo S.I for3 months.
*A7 &* A8	u/s. 420 IPC	To undergoR.I for 7years each and to pay a fine of Rs.50,000/-each and in default to undergo S.I for one year.	To undergoR.I for 2years and to pay a fine of Rs.50,000/-each and in default to undergo S.I for3 months.
A1	u/s. 13 (2) r/w 13 (1) (d) of PC Act 1988	To undergoR.I for 7years and to pay a fine of Rs.50,000/-and in default to undergo S.I for one year.	To undergoR.I for 2years and to pay a fine of Rs.50,000/-and in default to undergo S.I for 3 months.

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What did the court decide?

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What did the court decide?

What the court decided

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