AJAY RASTOGI, J. - (1.) The instant appeals arise from the common judgment dated 21 st July, 2009 passed by the High Court of Judicature at Madras upholding the conviction of the appellant T. Maran (accused no. 1) for offences under Section 120B, 467, 467 read with 471, 420, 477A IPC and Section 13(2) read with Section 13(1)(d) of Prevention of Corruption Act, 1988 and sentenced to undergo rigorous imprisonment for two years and also to pay a fine of Rs. 1,000/ in all the three cases and the sentence was directed to run concurrently. Appellant M. Ramalingam (accused no. 2 in CC no. 03/1995) was convicted under Section 120B and 420 IPC and sentenced to undergo rigorous imprisonment for two years and also to pay a fine of Rs. 1,000/ in default to undergo rigorous imprisonment for 6 months for each of the offences and appellant N. Rajangam(accused no. 2 in CC no. 05/1995) was convicted under Section 120B, 467 read with 471 IPC and sentenced to undergo rigorous imprisonment for two years and also to pay a fine of Rs. 1,000/ in default to undergo rigorous imprisonment for 6 months for each of the offences.
(2.) The brief facts of the case are that T.Maran(A1) in all the three cases was the Branch Manager in the Indian Overseas Bank (IOB), Narikudi from 4th May, 1988 to 28th January, 1991. Accused no. 1(T. Maran) along with one Nagrajan(A2 in CC No. 04/1995) (who was the clerkcumtypist died after filing of the chargesheets) were the custodian of the jewel safe of the Branch. Three separate criminal cases CC No. 03/1995, 04/1995 and 05/1995 were filed against him and the allegation was that appellant(T.MaranA1) sanctioned agricultural jewel loan of Rs. 7,000/ in favour of M. Ramalingam(A2 in CC No. 03/1995) in AJL No. 78/89. It was alleged that the jewels deposited in AJL No. 45/81 had been used by A1 (T. Maran) for the purpose of advancing loan AJL No. 78/89 to M. Ramalingam(appellant in Criminal Appeal No. 1949 of 2009). For that purpose, account no. AJL 45/81 was opened on 12th November, 1981 and closed on 26 th March, 1988.
(3.) In a different transaction, Appellant T. Maran (A1) sanctioned jewel loan of Rs. 7,100/ to one Nagarajan(A2 in CC No. 04/1995 since deceased) in JL No. 49/90. The allegation was that the jewel deposited in JL No. 50/90 had been altered to JL No. 49/90 and the same was used for advancing loan to Nagarajan(deceased). JL 50/90 was opened on 24th March, 1990 and closed on 1st June, 1990.;