Crl.A. 1345 of 2006 1

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 1345 OF 2006

M. MAHADEVAN ..... APPELLANT

VERSUS

STATE BY DSP, SPECIAL POLICE ..... RESPONDENT

O R D E R

1. We  have  heard  the  learned  counsel  for  the  

parties.

2. We  see  from  the  concurrent  judgments  of  the  

trial  court  and  the  High  Court  that  the  appellant  

herein was the repository of one key to the cash chest  

and that the same could not have been opened without  

his connivance.  It is also not disputed that the money  

had been removed from the chest for the purpose of  

sending  it  to  the  borrowing  branch  but  though  no  

confirmation with regard to the receipt of the amount  

was received from the borrowing branch, the appellant  

and his co-accused made no inquiries whatsoever as to  

why  no  confirmation  had  been  received  from  them,  

although the transaction involved a huge sum of money.

Crl.A. 1345 of 2006 2

3. In the light of the fact the findings recorded  

by  the  courts  below  are  based  on  oral  as  well  as  

documentary evidence on record, we decline to interfere  

in this appeal.

4. Dismissed.

...... ..................J [HARJIT SINGH BEDI]

........................J [CHANDRAMAULI KR. PRASAD]

NEW DELHI JANUARY 13, 2011.