P.S. Rao Vs. Respondent: State Of Andhra ... vs State Of Andhra Pradesh

2. Original accused Nos. 1, 2 and 4 are the appellants in these three appeals. They alongwith one Om Narayan Attal (original accused No. 3) were tried for offences punishable under Section 120-B I.P.C. read with Sections 420 and 477-A of the said Code, and under Sections 5(2) read with 5(1)(d) of the Prevention of Corruption Act and also for offence punishable under Section 467 read with Section 471 I.P.C. The trial court acquitted A-3 and convicted the appellants and sentenced each of them to undergo rigorous imprisonment for a period of three years under the first count and also to pay a fine of Rs. 3,000/-in default of payment of which to'undergo three months S.I. and under other counts to undergo one year and three years R.I. respectively and also to pay fine. The sentences were directed to run concurrently. The three convicted accused preferred three separate appeals and the High Court dismissed the same by a common judgment confirming the convictions but reduced the sentence to six months' R.I. under each count. The sentences of fine with default clauses, however, were confirmed. Hence the present appeals.

3. The prosecution case is as follows.

4. A-1 was working as Branch Manager of Punjab National Bank, Nizamabad Branch from September, 1977 to March, 1981. A-2 was partner in three firms including M/s. Jagdish Industries. A-3 was also a partner in two of those firms. A-4 was an employee of A-2 and was also a partner in the firm M/s. Jai Bajrang Traders. According to the prosecution, A-1 entered into a criminal conspiracy with A-2 to A-4 for committing offences of cheating the Punjab National Bank, Nizamabad Branch and criminal misconduct by corrupt or illegal means and in pursuance of the said conspiracy, they committed several acts including forgery, cheating etc. It is alleged that A-1 purchased 21 bills amounting to about Rs. 11 lacs in the account of M/s. Satyanarayana Traders out of which 20 bills were shown as documentary bills. Out of the aforesaid 21 bills, 19 bills were not despatched to the destinations for collection and they were alleged to have been destroyed by A-1 and all the 21 bills remained outstanding. Likewise A-1 is alleged to have purchased several bills on several dates amounting to huge sums and some of them were destroyed by A-1 as a result of which they remained outstanding. It is also alleged that A-1 fraudulently and dishonestly issued bank guarantees without obtaining applications for such bank guarantees and without taking any security for the issuance of the same. The prosecution examined in all 88 witnesses and also got marked Exs. P.I to P.435. The accused pleaded not guilty. The main contention before the courts below was that the Bank employees who worked along with A-1 were also responsible for the so-called irregularities, omissions and commissions and therefore the evidence of such employees ought not to have been given any weight. Some of the Bank employees who were examined as P.Ws. 1,2,4,6,7 and some others spoke about the procedure that is followed in purchasing the bills and discounting them etc. All of them deposed that A-1 ordered the purchase of the bills under his initials and that the bills are still outstanding. Most of the evidence consists of the documents in respect of purchase of the bills for the huge amounts on various dates. The evidence of P.Ws. 1,2 and 7 as found by the courts below certainly show that the transactions have not been carried out in the normal and regular course of business which are expected to be done. The evidence of P.W.75 the Handwriting Expert has been considered extensively in respect of the documents and in our view both the courts below have rightly held that the cheques are the manipulations of A-1 in collusion with A-2 and A-4 and that A-4 has misused his position to the maximum extent.

4. No doubt the accused took the defence that the alleged irregularities, omissions and commissions are committed by the staff. This aspect has also been considered by the courts below. It must be noted that the evidence of the staff members namely P.Ws. 1,2, 4, 6,7,18, 42, 69, 73 and 77 has been considered at length by both the courts below. Merely because they are the Bank employees working u'nder A-1, their evidence can riot be brushed aside. Therefore we see absolutely no grounds to interfere with the findings of the courts below.

5. The learned Single Judge of the High Court, has, however, reduced the sentence to six months R.I. under each count. Learned counsel for the appellants submits that A-1 has lost his job and since 1981 all these accused have been facing the criminal proceedings and since heavy sentences of fine have already been imposed, even the sentence of six months' R.I. is excessive. Having considered all the circumstances, while confirming the convictions of the appellants, we reduce the sentence of six months' R.I. to three months' R.I. under each count. The sentences shall run concurrently. The sentences of fine with default clauses are, however, confirmed. Subject to this modification of sentence, the appeals are dismissed.