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Visakhapatnam

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Sec.138 ,sec.141 N.I.Act – Partnership Firm – issued cheque – cheque bounced – firm not made as accused – fatal to the prosecution – firm registration form filed by accused can be considered even at preliminary stage against the general rule no document filed by accused can be considered – non issue of reply notice is not fatal for receiving the document filed by accused – complaint was quashed as not maintainable = Smt. Bommidipati Madhavi….Petitioner/accused The State of Andhra Pradesh rep.by Public Prosecutor, High Court of A.P., Hyderabad and another….Respondents = published in judis.nic.in/judis_andhra/filename=10600

Sec.138 ,sec.141 N.I.Act – Partnership Firm – issued cheque – cheque bounced – firm not made as accused – fatal to the prosecution –  firm registration form  filed by accused can be considered even at preliminary stage against the general rule no document filed by accused can be considered – non issue of reply notice is not fatal … Continue reading

Hindu marriage Act sec.13(1) (ia) – mere obtaining restitution of conjugal rights is not a ground for Divorce , when wife not complied with it – Best piece of Evidence of Children about the cruel attitude of father is enough for not granting the Divorce to the Husband against the wife – New tendency of husbands in obtaining restitution of conjugal rights and keeping clam for considerable period and finally filing divorce petition – is to be discourgeable – Husband failed to prove cruelty – Lower court wrongly placed reliance on Restitution of conjugal rights – hence set aside – Appeal was allowed = V.Alivelu Mangas Devi V,Venkata Laskshmi Narasimha Palla Rao = published in judis.nic.in/judis_andhra/filename=10629

THE HON’BLE SRI JUSTICE L. NARASIMHA REDDY AND THE HON’BLE SRI JUSTICE M.S.K.JAISWAL C.M.A.No.752 of 2013 28-11-2013 V.Alivelu Mangas Devi V,Venkata Laskshmi Narasimha Palla Rao !Counsel for the AppellantSri Subba Rao Counsel for Respondent: Sri A.K.Kishore Reddy <Gist >Head Note: ?Cases Referred; JUDGMENT: (per the Hon’ble Sri Justice L.Narasimha Reddy) The marriage between the appellant … Continue reading

SECOND MARRIAGE NOT A BAR IN ALLOWING SET ASIDE EXPARTE DIVORCE DECREE = = Order – IX Rule 13 CPC with a prayer to set aside the ex parte decree OF DIVORCE. Since there was delay of 153 days in filing it, she filed I.A No.480 of 2006.= The very fact that the proceedings are pending in the Courts at Raipur and Visakhapatnam, discloses that the relationship was not cordial and the acts resorted to by the respondent in obtaining the ex parte decree and then immediately contacting second marriage can not at all be countenanced, much less the Court can put a seal of approval upon it. Though the status of the second marriage contacted by the respondent may be at a stake, it cannot outwit the gross injustice done to the petitioner. 6. Reliance is placed upon the judgment of the Rajasthan High Court in Surendra Kumar v. Kiran Devi1. It is difficult to treat that as a precedent for the proposition that whenever one of the spouses contacts second marriage, after obtaining a decree for divorce, the decree cannot be set aside thereafter. Further, in the instant case, the trial Court did not record any finding to the effect that the notice in the O.P. was served upon the petitioner. 7. Hence, the Civil Revision Petition is allowed and the delay of 153 days in filing the application to set aside the ex parte decree is condoned. Since the reasons that weigh with the Court for condonation of delay would hold good for setting aside the ex parte decree, the I.A. filed under Order – XXXIX Rule – 13 CPC was allowed. REPORTED/PUBLISHED IN http://judis.nic.in/judis_andhra/filename=9784

HONOURABLE SRI JUSTICE L. NARASIMHA REDDY CIVIL REVISION PETITION No. 6034 OF 2010 03-04-2013 Smt. Rachokonda Parvathi W/o. Venkata Subrahmanyam Rachakonda Venkata Subrahmanyam S/o.late R. Venkata Ramana. Counsel for the Petitioners: Sri Ravi Cheemalapati Counsel for the Respondent: Sri G. Ram Gopal <Gist: >Head Note: ?Cases referred AIR 1997 Rajasthan 63 ORDER: Petitioner is the … Continue reading

admissibility of a document in criminal procedings=During the course of evidence, the complainant tendered the certified copy of agreement, dated 30.04.2004. The petitioners raised objection for marking the said document. The learned Magistrate, on considering the objections raised by the petitioners and on hearing the counsel appearing for the parties, proceeded to over-rule the objections and permitted the complainant to mark the certified copy of the agreement, dated 30.04.2004, by order, dated 25.11.2011. =i have gone through the memo filed by the petitioners herein in C.C.No.77 of 2006, copy of which has been placed on placed on record at page No.13 of the material papers. It is stated in the memo that the petitioners herein admitted of their signatures in the 1st page of the agreement, dated 30.04.2004. Such is the memo., the observation made by the learned Magistrate cannot be said to be without any basis. No valid ground has been made out to quash the order, dated 25.11.2011, passed in C.C.No.77 of 2006.

THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY   Criminal Petition No.854 of 2012   Date:24th January, 2012     Between: Lucky Enterprises rep. by its Prop:Manderapu Venkata Ramayya (A1) & Anr.                                                                               ….. Petitioners AND   The State of A.P., rep. by the Public Prosecutor, High Court of A.P., Hyderabad & Anr. …..Respondents   ***   THE HON’BLE … Continue reading

motor accident claims =the Hon’ble Supreme Court reported in the case of National Insurance Company Ltd. v. Swaran Singh and others[1] and found that even if the driver of the vehicle does not have a valid driving license so far as the third parties are concerned, the insurance company is liable to pay the same.

THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO   M.A.C.M.A. No. 2681 of 2011   JUDGMENT: The appeal is filed against the judgment dated 23.04.2004 in M.O.P.No.1274 of 2001 on the file of the Motor Accident Claims Tribunal-cum-I Additional District Judge, Visakhapatnam questioning the liability of the insurance company.   A claim for compensation was made for … Continue reading

service matter= correction of date of birth in service register =1984 Rules were amended subsequently. By G.O. Ms. No. 383, Fin. & Plg., dated November 16, 1993, Rule 2-A was

1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION   CIVIL APPEAL No. 6964 OF 2004 HIGH COURT OF A.P. … APPELLANT(s) Versus N. SANYASI RAO . RESPONDENT(s)   J U D G M E N T R.M. LODHA, J. The High Court of Andhra Pradesh, on the administrative side, through its Registrar … Continue reading

Indian Succession Act, 1925 – Will – Execution of – Testator bequeathing property in absolute terms in favour of her daughters – Latter part of bequest purporting to vest the same property in their female offspring – Interpretation of – Held: It is clear from the Will that testatrix had made an unequivocal and absolute bequest in favour of her daughters – By the latter part all such property as remained available in the hands of the legatees at the time of demise, were to devolve upon their female offspring – Latter part is redundant since it was repugnant to the clear intention of testatrix in making an absolute bequest in favour of her daughters – Stipulation made in the second part did not in the least affect the legatees being the absolute owners of the property bequeathed to them – Upon their demise the estate owned by them would devolve by the ordinary law of succession on their heirs and not in terms of the Will executed by testatrix – Will. The original owner bequeathed certain properties in favour of her daughters `SA’ and `SR’. It was stipulated that after death of `SA’ and `SR’ the properties would devolve upon their female offsprings. `SA’ died intestate. The appellants, sons of `SA’, took possession of the property bequeathed in favour of `SA’. The respondents-daughter of `SA’ and others filed a suit for declaration of title over the suit property and for recovery of possession in view of the stipulation contained in the Will. The trial court dismissed the suit. The High Court set aside the order passed by the trial court and decreed the suit. Therefore, the appellants filed the instant appeal. =Allowing the appeal, the Court HELD:1.1 It is evident from a careful reading of Sections 84, 85, 86 and 87 of the Indian Succession Act, 1925 that while interpreting a Will, the courts would as far as possible place an interpretation that would avoid any part of a testament becoming redundant. The courts would also interpret a Will to give effect to the intention of the testator as far as the same is possible. Each document has to be interpreted in the peculiar circumstances in which the same has been executed and keeping in view the language employed by the testator. That indeed is the requirement of Section 82 of the Succession Act also inasmuch it provides that meaning of any clause in a Will must be collected from the entire instrument and all parts should be construed with reference to each other. [Para 16] [821-F-H; 822-A] 1.2 It is evident from a careful reading of clause 6 of the Will that the same makes an unequivocal and absolute bequest in favour of daughters of testatrix. The use of words like “absolute rights of sale, gift, mortgage etc.” employed by the testatrix make the intention of the testatrix abundantly clear. The testatrix desired that after the demise of her daughters the property vested in them would devolve upon their female heirs only. There is no dispute that the testatrix had in no uncertain terms made an absolute bequest in favour of her daughters. The submission that the absolute estate of the `SA’ ought to be treated only as a life estate though attractive on first blush, does not stand closer scrutiny. It is said so because the ultimate purpose of interpretation of any document is to discover and give effect to the true intention of the executor, in the instant case, the testatrix. The intention of the testatrix to make an absolute bequest in favour of her daughters is unequivocal. Secondly, the expression “after demise of my daughters the retained and remaining properties shall devolve on their females children only” does not stricto sensu amount to a bequest contrary to the one made earlier in favour of the daughters of the testatrix. The expression extracted does not detract from the absolute nature of the bequest in favour of the daughters. [Paras 6 and 17] [815-A-B; 822-C-D] 1.3 All that the testatrix intended to achieve by the latter part of clause 6 was the devolution upon their female offsprings all such property as remained available in the hands of the legatees at the time of their demise. There would obviously be no devolution of any such property upon the female offsprings in terms of the said clause if the legatees decided to sell or gift the property bequeathed to them as indeed they had every right to do under the terms of the bequest. Thus, there is no real conflict between the absolute bequest which the first part of clause 6 of the Will makes and the second part of the said clause which deals with devolution of what and if at all anything that remains in the hands of the legatees. The two parts of clause 6 operate in different spheres, namely, one vesting absolute title upon the legatees with rights to sell, gift, mortgage etc. and the other regulating devolution of what may escape such sale, gift or transfer by them. The latter part is redundant by reason of the fact that the same was repugnant to the clear intention of the testatrix in making an absolute bequest in favour of her daughters. It could be redundant also because the legatees exercised their rights of absolute ownership and sale thereby leaving nothing that could fall to the lot of the next generation females or otherwise. The stipulation made in the second part of clause 6 did not in the least affect the legatees being the absolute owners of the property bequeathed to them. The corollary would be that upon their demise the estate owned by them would devolve by the ordinary law of succession on their heirs and not in terms of the Will executed by the testatrix. [Para 17] [823-A-F] 1.4 The judgment and order passed by the High Court is set aside and that passed by the trial court restored. [Para 18] [823-G] Sasiman Chowdhurain and Ors. vs. Shib Narain Chowdhury and Ors. AIR 1922 PC 63; (Kunwar) Rameshwar Bakhsh Singh and Ors. v. (Thakurain) Balraj Kuar and Ors. AIR 1935 PC 187; Radha Sundar Dutta v. Mohd. Jahadur Rahim and Ors. 1959 SCR 1309; Ramkishore Lal v. Kamal Narain (1963) Supp 2 SCR 417; Mauleshwar Mani and Ors. v. Jagdish Prasad and Ors. (2002) 2 SCC 468; Pearey Lal v. Rameshwar Das (1963) Supp 2 SCR 834; Ramachandra Shenoy and Anr. v. Mrs. Hilda Brite and Ors. 1964 (2) SCR 722; Kaivelikkal Ambunhi (Dead) By Lrs. and Ors. v. H. Ganesh Bhandary (1995) 5 SCC 444 – referred to. Case Law Reference: AIR 1922 PC 63 Referred to. Para 4 AIR 1935 PC 187 Referred to. Para 8 1959 SCR 1309 Referred to. Para 9 (1963) Supp 2 SCR 417 Referred to. Para 10 (2002) 2 SCC 468 Referred to. Para 11 (1963) Supp 2 SCR 834 Referred to. Para 12 1964 (2) SCR 722 Referred to. Para 13 (1995) 5 SCC 444 Referred to. Para 14 CIVIL APPELLATE JURISDICITION : Civil Appeal No. 2758 of 2004. From the Judgment & Order dated 4.3.200 of the High Court of Andhra Pradesh at Hyderabad in Appeal No. 1530 of 1998. Y. Raja Gopala Rao for the Appellants. I. Venkatanarayana, A. Chandramohan, T. Anamika for the Respondents.

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICITION CIVIL APPEAL NO.2758 OF 2004 Sadaram Suryanarayana & Anr. …Appellants Versus Kalla Surya Kantham & Anr. …Respondents JUDGMENT T.S. THAKUR, J. 1. This appeal by special leave is directed against an order dated 4th March, 2003 passed by the High Court of Andhra Pradesh whereby … Continue reading

Penal Code, 1860: ss. 409, 420, 467, 477-A r/w 120-B-Forgery and misappropriation of bank loans-Bank Manager and Field Officer in conspiracy with each other sanctioned and disbursed loans in names of fictitious persons-Trial Court holding both guilty and sentencing them-Acquittal by High Court-HELD: Prosecution has brought ample material on record which led to only one conclusion that accused committed the offences-Exoneration of one of the accused in departmental inquiry initiated only against him having concluded before police investigation stated in the case, would be of no avail as Inquiry Officer did not have benefit of the evidence that was made available in the criminal proceedings-Besides, the inquiry report was not brought on record and factum of exoneration in departmental proceedings was taken as a defence, it was for the accused to bring on record the relevant material, which was not done-High Court also erred in purporting to hold that specimen finger print and handwritings could not have been taken from accused-ss. 5 and 6 of Identification of Prisoners Act, clearly provides for such a contingency-High Court completely misdirected itself in passing a judgment of acquittal-Judgment of High Court set aside-Prevention of Corruption Act, 1944-ss. 5(1) and 5(2)-Code of Criminal Procedure, 1973-Appeal against acquittal-Identification of Prisoners Act, 1920-ss. 5 and 6. Prevention of Corruption Act, 1947: s. 5(1) r/w s.5(2), proviso-Bank Manager and Field Officer forging loans in names of fictitious persons-Both held guilty by trial court-Acquittal by High Court-HELD: Bank Manager completing all formalities required to be complied with for grant of loan including obtaining appraisal report from Field Officer, sanction and disbursement of loan on date of filing of loan application itself-Entire prosecution relating to forgery and misappropriation having been attributed to the Manager, and he having used the appraisal reports prepared by Field Officer, a case is made out to invoke the proviso appended to sub-s.(2) of s.5 in the case of Field Officer-Therefore, while upholding conviction and sentence awarded by trial court as against the Manager, sentence of rigorous imprisonment of three months is imposed on Field Officer-Penal Code, 1860-ss. 409, 420, 467 and 477-A r/w 120-B IPC. Code of Criminal Procedure, 1973: Appeal against acquittal-Jurisdiction of appellate Court-HELD: an appellate court, while entertaining an appeal against acquittal, would be entitled to consider the evidence brought on record and arrive at its own conclusion-Interference with a judgment of acquittal may not be made when two views are possible to be taken but when only one view is possible to be taken, appellate court would not hesitate to interfere with judgment of acquittal-In the instant case no two views are possible to be taken-Accused were rightly held guilty of the offences charged-High Court misdirected itself in passing judgment of acquittal-Judgment of High Court set aside-Penal Code, 1860-ss. 409, 420, 467, 477-A r/w s.120-B-Prevention of Corruption Act, 1947-ss. 5(1), (2). Respondent A-1 and respondent A-2, who were Manager and Field Officer respectively of the appellant Bank, were prosecuted under ss. 409, 420, 467 and 477-A read with s.120-B IPC and s.5 read with s.5(2) of the Prevention of Corruption Act, 1947. The allegations against them were that during the period 7.12.1984 to 14.8.1986, they conspired with each other in matter of sanctioning and disbursing 6 Crop Loans of Rs.5000/- each in the names of fictitious persons by forging signatures and thumb impressions of proposed borrowers in documents resulting in misappropriation of the proceeds of Rs.30,000/-. The trial court held both the accused guilty of the offences charged and sentenced both of them to rigorous imprisonment for six moths. It rejected the plea of respondent A-2 that in view of the departmental proceedings against him resulting in his exoneration he was entitled to be acquitted. On appeal, the High Court acquitted the accused observing, inter alia, that the procedure adopted for obtaining finger prints being contrary to fundamental rights of the accused, the same was not admissible in evidence; that neither the Bank received any complaint from loanees nor did the prosecution bring any corroborative material on record. In the instant appeals filed by the Bank, it was contended for respondent A-2 that he merely prepared the appraisal report and he was not involved in any forgery; that he joined the service only in 1984 and was transferred on or about 14.8.1986, and subsequent renewals of loans having been prepared in 1987, he was entitled to acquittal. =Allowing the appeals, the Court HELD: 1.1. In the instant case, evidently, the formalities required to be complied with for grant of loan, appraisal report recommendation prepared by respondent A-2 and sanction and disbursement of loan by respondent A-1 were completed on the very same day on which application for grant of loan was filed. It has furthermore been brought on record that PW-21 and PW-22 on whose behalf loan was applied, were known to respondent A-1. They stated that they were residents of a district different than that shown in their applications. This clearly establishes that the transactions were manipulated by respondent A-1. PW-3, in her deposition, in no uncertain line, stated that all transactions right from application to disposal took place in the afternoon of a day and all the documents used to be processed during the lunch hour, whereas as per to the procedure, the disbursement of loan could take place only upon proper verification thereof. The modus operandi of respondent A-1 appeared to be that he had affixed his own thumb impression instead of those of the loanees. Upon sanction of the said loan, the accountant concerned paid the amount of loan to accused A-1. The said loans were also renewed for the years 1986 and 1987. [Para s 12, 14, 24 and 25] [581-C; 582-B-C-D; 584-B-C] 1.2. The finger print expert (PW-17), in his evidence, proved that specimen fingerprints tallied with the disputed fingerprints. PW-17 is a qualified and experienced fingerprint expert. There is no reason to discredit his testimony. Apart from the fingerprints, the prosecution also obtained the specimen handwritings of respondent A-1. Handwritings on the said loan documents/applications for grant of loan was found to be that of accused No.1. The High Court also committed a manifest error in purporting to hold that the specimen fingerprints and handwritings could not have been taken from respondent A-1. Sections 5 and 6 of the Identification of Prisoners Act, 1920 clearly provides for such a contingency. [Paras 15, 17, 18, 34 and 35] [582-E, G; 583-A-B; 586-F-G] State of Bombay v. Kathi Kalu Oghad, AIR (1961) SC 1808, relied on. 1.3. It may be true that there was no documentary evidence to show that the amount had actually been paid in cash to the respondent A-1. But then no documentary evidence would be available as it was for the respondent A-1, as Manager of the Bank, to hand over the amount in cash to the loanees upon receiving the same from PW-3. Besides, PW-5 also stated that debit vouchers (Ext. P-6) contained only one stamp showing as cash paid but it did not contain his signature, although it purported to have been shown to be his. Ext. P-6 was, therefore, a forged document. [Paras 20 and 21] [583-E-F, D] 1.4. PWs 3 and 5 who had been working in the same branch of the bank with the respondents have proved the procedure adopted in the matter of grant of loan. There cannot, therefore, be any doubt whatsoever that ample materials have been brought on record by the prosecution which led to only one conclusion that the accused were responsible therefor. [Para 22] [583-G] 1.5. It may be that no act of forgery and misappropriation has been attributed to respondent A-2, but he was the one who had prepared the appraisal report. After preparation of such appraisal report, the loan amounts were sanctioned and the amount of loan purported to have been paid to the loanees and, therefore, he was also guilty of commission of the said offences. [Para 23] [583-H; 584-A] 2. The High Court purported to have laid emphasis on exoneration of respondent A-2 in departmental enquiry. The departmental enquiry was initiated only against respondent A-2 and was completed even before the police investigation in the case started. The enquiry officer did not have the occasion to consider all the materials brought on record by the prosecution which clearly established the involvement of the respondents. Exoneration of respondent A-2 in the departmental proceedings cannot, therefore, lead to the conclusion that he was not guilty of commission of the offences wherefor he was charged. Furthermore, the enquiry report has not been brought on record. Besides, the factum of exoneration of respondent A-2 in the departmental proceedings was raised by way of defence. It was, therefore, obligatory on his part to bring on record all the relevant documents, including the findings of the Enquiry Officer. [Paras 27, 28, 29 and 33] [574-E-F; 584-G-H; 585-A; 586-D-E] P.S. Rajya v. State of Bihar, [1996] 9 SCC 1, distinguished. State of Haryana v. Bhajan Lal, [1990] 3 SCR 259=[1992] Supp. 1 SCC 335 and Superintendent of Police (CBI) v. Deepak Chowdhary & Ors., [1995] 6 SCC 225, referred to. 3. The High Court, therefore, completely misdirected itself in passing a judgment of acquittal in favour of the respondents. The trial judge had assigned cogent reasons in support of its findings. The High Court did not meet the said reasoning. The impugned judgment of the High Court cannot be sustained. [Paras 26 and 37] [584-D; 859-B] 4. The Court is not oblivious of the fact that presumption of innocence is a human right and when an accused is acquitted by a court, such presumption becomes stronger. It is, however, a trite law that an appellate court, while entertaining an appeal from a judgment of acquittal, would also be entitled to consider the evidences brought on record by both the prosecution and the defence and arrive at its own decision. Interference with a judgment of acquittal may not be made when two views are possible to be taken, but when on appraisal thereof, only one view is possible, the appellate court would not hesitate to interfere with the judgment of acquittal. In this case, the Court is firmly of the view that no two views are possible to be taken. [Paras 37 and 38] [589-B, D, E] State of Haryana v. Sher Singh & Ors., [2002] 9 SCC 356; Narender Singh & Anr. v. State of M.P., [2004] 10 SCC 699 and Budh Singh & Ors. v. State of U.P., [2006] 9 SCC 731, referred to. 5. The entire prosecution case relating to charges of forgery and misappropriation has been attributed to respondent A-1 alone. Thus, a case has been made out to invoke the proviso appended to sub-section (2) of Section 5 of the Prevention of Corruption Act, 1947 in the case of respondent A-2. Furthermore, he worked in the bank for a short period and was still undergoing probation. Forgery and misappropriation was committed by respondent A-1 even thereafter. The appraisal reports prepared by respondent A-2 were used by respondent A-1 also for the subsequent period, namely, 1987 when respondent A-2 was no longer working in the said branch. Therefore, while upholding the conviction and sentence awarded by the trial judge as against respondent A-1, in view of the special reasons recorded in the judgment, a sentence of rigorous imprisonment of three months is imposed on respondent A-2. He shall, however, be liable to pay a fine of Rs.20,000/- (Rupees twenty thousand only) and in default shall undergo a sentence of three months. [Paras 40, 41 and 42] [589-G; 590-A-C] A. Sharan , ASG., Amit Anand Tiwari and P. Parmeswaran for the Appellants. L.N. Rao, R. Santhan Krishnan, K. Radha Rani, P. Vijaya Kumar and D. Mahesh Babu for the Respondents. =Allowing the appeals, the Court HELD: 1.1. In the instant case, evidently, the formalities required to be complied with for grant of loan, appraisal report recommendation prepared by respondent A-2 and sanction and disbursement of loan by respondent A-1 were completed on the very same day on which application for grant of loan was filed. It has furthermore been brought on record that PW-21 and PW-22 on whose behalf loan was applied, were known to respondent A-1. They stated that they were residents of a district different than that shown in their applications. This clearly establishes that the transactions were manipulated by respondent A-1. PW-3, in her deposition, in no uncertain line, stated that all transactions right from application to disposal took place in the afternoon of a day and all the documents used to be processed during the lunch hour, whereas as per to the procedure, the disbursement of loan could take place only upon proper verification thereof. The modus operandi of respondent A-1 appeared to be that he had affixed his own thumb impression instead of those of the loanees. Upon sanction of the said loan, the accountant concerned paid the amount of loan to accused A-1. The said loans were also renewed for the years 1986 and 1987. [Para s 12, 14, 24 and 25] [581-C; 582-B-C-D; 584-B-C] 1.2. The finger print expert (PW-17), in his evidence, proved that specimen fingerprints tallied with the disputed fingerprints. PW-17 is a qualified and experienced fingerprint expert. There is no reason to discredit his testimony. Apart from the fingerprints, the prosecution also obtained the specimen handwritings of respondent A-1. Handwritings on the said loan documents/applications for grant of loan was found to be that of accused No.1. The High Court also committed a manifest error in purporting to hold that the specimen fingerprints and handwritings could not have been taken from respondent A-1. Sections 5 and 6 of the Identification of Prisoners Act, 1920 clearly provides for such a contingency. [Paras 15, 17, 18, 34 and 35] [582-E, G; 583-A-B; 586-F-G] State of Bombay v. Kathi Kalu Oghad, AIR (1961) SC 1808, relied on. 1.3. It may be true that there was no documentary evidence to show that the amount had actually been paid in cash to the respondent A-1. But then no documentary evidence would be available as it was for the respondent A-1, as Manager of the Bank, to hand over the amount in cash to the loanees upon receiving the same from PW-3. Besides, PW-5 also stated that debit vouchers (Ext. P-6) contained only one stamp showing as cash paid but it did not contain his signature, although it purported to have been shown to be his. Ext. P-6 was, therefore, a forged document. [Paras 20 and 21] [583-E-F, D] 1.4. PWs 3 and 5 who had been working in the same branch of the bank with the respondents have proved the procedure adopted in the matter of grant of loan. There cannot, therefore, be any doubt whatsoever that ample materials have been brought on record by the prosecution which led to only one conclusion that the accused were responsible therefor. [Para 22] [583-G] 1.5. It may be that no act of forgery and misappropriation has been attributed to respondent A-2, but he was the one who had prepared the appraisal report. After preparation of such appraisal report, the loan amounts were sanctioned and the amount of loan purported to have been paid to the loanees and, therefore, he was also guilty of commission of the said offences. [Para 23] [583-H; 584-A] 2. The High Court purported to have laid emphasis on exoneration of respondent A-2 in departmental enquiry. The departmental enquiry was initiated only against respondent A-2 and was completed even before the police investigation in the case started. The enquiry officer did not have the occasion to consider all the materials brought on record by the prosecution which clearly established the involvement of the respondents. Exoneration of respondent A-2 in the departmental proceedings cannot, therefore, lead to the conclusion that he was not guilty of commission of the offences wherefor he was charged. Furthermore, the enquiry report has not been brought on record. Besides, the factum of exoneration of respondent A-2 in the departmental proceedings was raised by way of defence. It was, therefore, obligatory on his part to bring on record all the relevant documents, including the findings of the Enquiry Officer. [Paras 27, 28, 29 and 33] [574-E-F; 584-G-H; 585-A; 586-D-E] P.S. Rajya v. State of Bihar, [1996] 9 SCC 1, distinguished. State of Haryana v. Bhajan Lal, [1990] 3 SCR 259=[1992] Supp. 1 SCC 335 and Superintendent of Police (CBI) v. Deepak Chowdhary & Ors., [1995] 6 SCC 225, referred to. 3. The High Court, therefore, completely misdirected itself in passing a judgment of acquittal in favour of the respondents. The trial judge had assigned cogent reasons in support of its findings. The High Court did not meet the said reasoning. The impugned judgment of the High Court cannot be sustained. [Paras 26 and 37] [584-D; 859-B] 4. The Court is not oblivious of the fact that presumption of innocence is a human right and when an accused is acquitted by a court, such presumption becomes stronger. It is, however, a trite law that an appellate court, while entertaining an appeal from a judgment of acquittal, would also be entitled to consider the evidences brought on record by both the prosecution and the defence and arrive at its own decision. Interference with a judgment of acquittal may not be made when two views are possible to be taken, but when on appraisal thereof, only one view is possible, the appellate court would not hesitate to interfere with the judgment of acquittal. In this case, the Court is firmly of the view that no two views are possible to be taken. [Paras 37 and 38] [589-B, D, E] State of Haryana v. Sher Singh & Ors., [2002] 9 SCC 356; Narender Singh & Anr. v. State of M.P., [2004] 10 SCC 699 and Budh Singh & Ors. v. State of U.P., [2006] 9 SCC 731, referred to. 5. The entire prosecution case relating to charges of forgery and misappropriation has been attributed to respondent A-1 alone. Thus, a case has been made out to invoke the proviso appended to sub-section (2) of Section 5 of the Prevention of Corruption Act, 1947 in the case of respondent A-2. Furthermore, he worked in the bank for a short period and was still undergoing probation. Forgery and misappropriation was committed by respondent A-1 even thereafter. The appraisal reports prepared by respondent A-2 were used by respondent A-1 also for the subsequent period, namely, 1987 when respondent A-2 was no longer working in the said branch. Therefore, while upholding the conviction and sentence awarded by the trial judge as against respondent A-1, in view of the special reasons recorded in the judgment, a sentence of rigorous imprisonment of three months is imposed on respondent A-2. He shall, however, be liable to pay a fine of Rs.20,000/- (Rupees twenty thousand only) and in default shall undergo a sentence of three months. [Paras 40, 41 and 42] [589-G; 590-A-C] A. Sharan , ASG., Amit Anand Tiwari and P. Parmeswaran for the Appellants. L.N. Rao, R. Santhan Krishnan, K. Radha Rani, P. Vijaya Kumar and D. Mahesh Babu for the Respondents. =2008 AIR 368 , 2007(11 )SCR570 , , 2007(12 )SCALE618 , 2007(12 )JT413

CASE NO.: Appeal (crl.) 1394-1395 of 2004 PETITIONER: State through SPE & CBI, AP RESPONDENT: M. Krishna Mohan & Anr DATE OF JUDGMENT: 12/10/2007 BENCH: S.B. Sinha & Harjit Singh Bedi JUDGMENT: J U D G M E N T S.B. Sinha, J. 1. Correctness of a judgment of acquittal passed by the High Court … Continue reading

quit notice sec.106 of transfer of property act =The contents of quit notice used to be examined meticulously by the civil Courts before Section 106 of the Act came to be amended in the recent past. According to the amended provision, even if there exists any defects in the notice, they do not constitute the basis for dismissal of the suit. Ultimately, the purport of the notice is only to inform the lessee of the intention on the part of the lessor to resume the premises. Once that purpose is served, any technical defects do not matter. Even otherwise, the appellant is not able to point out any defect in Ex.A1.

THE HON‘BLE SRI JUSTICE L.NARASIMHA REDDY   A.S. No.288 of 2010 JUDGMENT:               The appellant is a lessee in respect of the premises bearing No.28-2-4, Prakasaraopeta, Visakhapatnam, owned by the respondents.  The respondents filed O.S.No.480 of 2008 in the Court of the II Additional Senior Civil Judge, Visakhapatnam for eviction of the appellant and for … Continue reading

an agreement of sale by paying stamp duty and penalty can be received as a documentary evidence in suit for specific performance under the proviso of sec.49 and sec.35 of stamp act

THE HON’BLE SRI JUSTICEK.C. BHANU A.S.NO. 462 OF 2011 JUDGMENT: 1          This appeal is directed against the Docket Order dated 07.08.2003 passed by the learned Principal Senior Civil Judge, Visakhapatnam rejecting the plaint presented by the appellant on the ground that the agreement of sale dated 14.03.2001, which is a suit document, is not registered as … Continue reading

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