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1940 (11) TMI 26

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....d sentenced to rigorous imprisonment for four years for 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, a....

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....d by two of them, were delivered to the liquidator by 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,....

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....alleged, were handed over to the clerk of the liquidator 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 pr....