T.R. Vijayaraman vs The State of Tamil Nadu
Background
The petitioners, T.R. Vijayaraman (proprietor of M/s Kumaran Silks) and B. Kangarajan (in a connected petition, partner of M/s Sri Ganesh Godown), were among 14 accused, including four Indian Bank officials, in a CBI case arising from a 2002-2004 fraud at the bank's Srirangam Branch, Trichy. Bank officers made unauthorised debit and credit entries in clearing accounts without any negotiable instrument actually being submitted, effectively giving the petitioners interest-free overdraft advances running into over Rs. 1.1 crore across ten borrowers. The Trial Court convicted both petitioners under Sections 120-B and 420 IPC, sentencing each to 5 years' rigorous imprisonment plus a fine, and the Madras High Court (Madurai Bench) upheld the convictions.
Decision Breakdown
The Supreme Court dismissed both Special Leave Petitions, declining to grant leave to appeal. It held that the fraudulent entries, crediting large sums to the petitioners' accounts without any instrument submitted for clearing, could not have occurred without connivance between the bank officers and the private businessmen, and that repaying the money only after being caught during an internal inspection did not erase the fraud or show it was a genuine loan transaction. The Court rejected the argument that the High Court had failed to individually re-examine evidence from the five separate trials, since the High Court had properly confirmed the Trial Court's factual findings. It noted a connected petition by another accused on the same FIR had already been dismissed earlier in 2024. The petitioners were directed to surrender before the Trial Court within two weeks.
Lesson Learnt
Receiving unauthorised interest-free credit through manipulated bank entries, even without submitting any loan instrument, can amount to criminal cheating and conspiracy; repaying the amount only after being caught does not undo criminal liability, and the Supreme Court will not disturb concurrent findings of guilt by the Trial Court and High Court without a compelling legal error.