9911796707
TMI Blog1940 (11) TMI 26X X X X Extracts X X X X X X X X Extracts X X X X ..... or each of the offences, the sentences being directed to run concurrently. He has also been fined Rs. 2,000 which rigorous imprisonment for one year in default and the fine, if levied, has been ordered to be paid to P.W. 1. Notice was issued to P.W. 1 and she does not appear. The appellant was the secretary of the Mahalakshmi Bank, Coimbatore, and he was in charge of the cash and securities of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the appellant, and there was a note by him in Ex. F, the loan register, that the promissory note executed by Hazeline had been sent to the Insolvency Court. There was, however, no insolvency proceeding by or against any one named Hazeline, and the appellant was charged with criminal breach of trust in respect of the cash on hand on 27th August, forgery of Exs. D and E, the promissory notes and us ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or and he did not examine any witnesses. That the alleged borrowers were fictitious persons was proved beyond dispute by P.Ws. 6, 7 and 8, the railway officials; and the evidence of P.W. 4, the clerk of the bank, shows that he prepared and gave the loan applications to the appellant under his directions on 27th August. The borrowers were not present and the appellant went out with the applicatio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under sections 409, 467 and 471, Penal Code. The conviction is therefore correct and the sentences are not excessive. The conviction and sentences of the appellant are accordingly confirmed and the appeal is dismissed. But the amount misappropriated was the money of the bank, and the fine if recovered should have been ordered to be paid to the liquidator for the benefit of all the creditors. The ..... X X X X Extracts X X X X X X X X Extracts X X X X
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