A L PANIAN SHANMUGAM Vs. STATE OF ANDHRA PRADESH
SUPREME COURT OF INDIA (FROM: ANDHRA PRADESH)
A L Panian Shanmugam
STATE OF ANDHRA PRADESH
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(1.)Special leave granted.
(2.)We have heard the learned counsel for the appellants as well as the respondent. We have also perused the complaint (FIR) lodged by the branch Manager of Vijaya Bank on 20/09/1987 and the charge framed by the learned Additional Munsif Magistrate, Guntur in Criminal case No. 64 of 1989.
(3.)In the FIR the facts stated are that M/s Kolla Venkata Subba Rao of Ganapavaram tendered two bills for collection on 28/04/1986 covering lorry receipts Nos. 74222 and 74223 dated 27/04/1986 of highway Transport Corporation evidencing dispatch of 50 bales of cot- ton under each lorry receipt of the value of Rs. 1,06,268. 00 and Rs. 1,27,144. 00 drawn on M/s Mahalakshmi Textile Mills Ltd. , Pasumalai, Madurai. Subsequently, on 7/05/1986, at the request of the consignor the bank purchased the said two documents for valuable consideration and sent the same to its Madurai Branch for collection. As the collection could not be effected within normal time the Madurai Branch was contacted and on inquiries it was found that there was no such transport company in madurai. M/s Mahalakshmi Textile Mills Ltd. had in the meantime written a letter to the consignor dated 12/08/1986, undertaking to clear all pending bills, one after another, by the end of September 1986. However, the said mill company could not clear the bills whereupon the bank was unable to recover its dues. The Branch Manager of the bank at guntur thereupon lodged a FIR dated 20/07/1987, alleging that the bank was defrauded by the transport company and the mill company acting in collusion. The entry in the Station Diary made pursuant to the said FIR was to the effect that on 28/04/1986, the consignor who was carrying on cotton business at Ganapavaram produced false documents before the complainant and collected the aforesaid amount of Rs 1,06,268. 00 and Rs. 1,27,144. 00 in respect of the cotton bales dispatched through the Highway Transport Corporation to the mill company at madurai. As both the consignor and the consignee failed to clear the dues of the bank the complaint in question was lodged.
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