NDLI: N. Raghavender Vs. State of Andhra Pradesh, Cbi

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Prevention of Corruption Act 1988
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Prevention of Corruption Act, 1988 (49 of 1988)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	Prevention of Corruption Act, 1988 – s.13(2) r/w s.13(1)(d) – Penal Code, 1860 – ss.409, 420, 477A – Criminal breach of trust by public servant or Banker – Strong suspicion short of conclusive proof – Case of prosecution that accused no.3-brother-in-law of appellant-Branch Manager opened an account of the Academy of which he was Treasurer – Allegedly, appellant and the other co- accused also working in the Bank conspired with accused no.3 by allowing withdrawal of amounts from the said account, despite insufficient funds – Appellant was further accused of pre-maturely encashing two FDRs belonging to a customer which amount was transferred to the aforesaid account – Co-accused acquitted by Trial Court – Appellant held guilty concurrently – On appeal, held: Material on record does not disclose conspiracy between the accused persons – Further, there were sufficient funds in the account for passing the three cheques in question – Mere issuance of the aforesaid loose cheques, not sufficient to conclude that the appellant acted unlawfully or committed criminal misconduct – There is also serious dispute on the factum of whether or not the customer had sought the premature withdrawal and subsequent transfer of the proceeds of FDRs to the account of Academy – He was the best person to throw light on the said fact, but he was not examined which is materially fatal to the prosecution’s case – On facts, no financial loss was caused to the Bank/customer – Direct and relevant evidence being withheld, benefit of doubt extended to appellant – Prosecution failed to prove charges u/ss.409, 420 & 477A, IPC against the appellant beyond reasonable doubt – Conviction u/ s.13(2) r/w s.13(1)(d), PC Act also cannot be sustained.Criminal Law – Mixed questions of law and facts – Concurrent view taken by Courts below – Scope of interference – Discussed.Penal Code, 1860 – ss.409, 420 and 477A – Charges under – Necessary ingredients to prove – Discussed. Criminal Law – Mens rea – Held: Crucial word used in s.405, IPC is ‘dishonestly’ – It pre-supposes the existence of mens rea – Penal Code, 1860 – s.405.Penal Code, 1860 – s.405 – ‘Entrustment of property’ – Burden to prove – Initial burden; shifting of burden – Discussed. Banking/Banks – Conventional bank transactions – Relationship between the Bank and the Customer – Discussed.Criminal Law – Standard of proof – Domestic enquiry vis-à- vis criminal charge – Discussed. Words & Phrases– ‘intent to defraud’ u/s.477-A – Elements of – Discussed – Penal Code, 1860 – s.477-A.
Judge	Hon'ble Mr. Justice Surya Kant
Neutral Citation	2021 INSC 876
Petitioner	N. Raghavender
Respondent	State Of Andhra Pradesh, Cbi
SCR	[2021] 12 S.C.R. 57
Judgement Date	2021-12-13
Case Number	5

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N. Raghavender Vs. State of Andhra Pradesh, Cbi

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