State Represented By vs S.Kasimayan (A1)

Headnote AI-drafted · Reviewed and approved

The CBI filed this criminal appeal under Section 378(4) of the Code of Criminal Procedure challenging the acquittal judgment dated 07.12.2016 passed by the II Additional District Court for CBI Cases, Madurai in C.C.No.05/2011, whereby all five accused were acquitted of charges under Sections 169, 120B r/w 169, 420, 406/409 IPC and Section 13(1)(d) r/w 13(2) of the Prevention of Corruption Act, 1988.

The prosecution alleged that A1, the Recovery Officer of Debt Recovery Tribunal, Madurai, conspired with his subordinate A2 (Upper Division Clerk), A3 (relative of A1), A4 (wife of A2), and A5 (Branch Manager, Dhanalakshmi Bank, Madurai) to conduct a clandestine public auction of properties mortgaged by the judgment debtor (P.W.10) at a grossly undervalued price, based on a stale valuation certificate from 2006, in wilful disregard of a stay order granted by the Debt Recovery Appellate Tribunal, and to issue a sale certificate even before formal confirmation of sale, thereby causing wrongful loss to the bank and the mortgagor and wrongful gain to A3 and A4.

The trial court, after examining twelve prosecution witnesses, documentary exhibits, and defence evidence, acquitted all the accused, finding the prosecution had failed to prove the charges beyond reasonable doubt. The Madurai Bench of the Madras High Court heard the appeal, reserving judgment on 29.07.2024, with pronouncement on 02.04.2025.

Catchwords: criminal appeal against acquittal · CBI prosecution · Debt Recovery Tribunal · Recovery Officer · conspiracy · bank fraud · Prevention of Corruption Act · undervaluation of property · public auction · stay order · sale certificate · wrongful gain · cheating · criminal breach of trust