IMPORTANT POINT
Saving of actions under repealed Act.

JUDGMENT

(Smt.) Ranjana Prakash Desai, J.-Leave granted.

2. These appeals, by special leave, are directed against the judgment and order dated 27/03/2012 delivered by the Uttarakhand High Court confirming the judgment and order of conviction and sentence dated 08/10/1999 / 25/10/1999 passed by the Special Judge, Anti Corruption, U.P. (East), Dehradun in C.B.I. Case No.3/90, whereby the Special Judge convicted the appellants, inter alia, under the provisions of the Prevention of Corruption Act, 1947 (for short, “Act of 1947”).

3. It is necessary to narrate the facts of the case. Appellant M.C. Gupta was posted as Assistant Divisional Manager, New India Assurance Company Limited (for short, “the Company”). He was authorized by the Company to operate its Account No.314 held with the Punjab National Bank, Civil Lines, Moradabad. Appellant Mohan Lal Gupta was the proprietor of M/s. Mohan Dal Mill. Account No.SSI/53 was held in the name of M/s. Mohan Dal Mill with State Bank of India, Orai, District Jalaun, Uttar Pradesh.

4. On 09/07/1988, appellant M.C. Gupta issued cheque No.QDE-800186 in the sum of Rs.1,00,200/- from the account of the Company and asked the bank to prepare a draft of Rs.1,00,000/- in favour of M/s. Mohan Dal Mill. Appellant M.C. Gupta himself prepared the draft application dated 09/07/1988. The bank, accordingly, prepared a draft of Rs.1,00,000/- on the same date and debited the amount of cheque from the account of the Company. Appellant M.C. Gupta himself collected the said draft from the bank and sent it to his relative appellant - Mohan Lal Gupta at Orai, who deposited the same on 14/07/1988 in the aforementioned account of M/s. Mohan Dal Mill vide pay-in-slip dated 14/07/1988. Thus, appellant M.C. Gupta, in collusion with appellant Mohan Lal Gupta, dishonestly and fraudulently misappropriated the Company’s money, which is public money, for wrongful gain to appellant Mohan Lal Gupta, thereby causing corresponding losses to the Company.

5. When the siphoning off of money came to light, a FIR was lodged on 19/02/1990 under Section 5(2) read with Section 5(1)(c) of the Act of 1947. After investigation, C.B.I. submitted charge-sheet against both the appellants before the Special Judge. After perusing the evidence, the Special Judge convicted and sentenced appellant M.C. Gupta to RI for one year and a fine of Rs.1,000/- for offence under Section 120-B of the IPC. He was also sentenced to RI for two years and a fine of Rs.2,000/- for offence under Section 409 of the IPC. In addition, he was sentenced to RI for one year and a fine of Rs.1,000/- under Section 5(2) read with Section 5(1)(c) of the Act of 1947. Appellant Mohan Lal Gupta was sentenced to RI for one year and a fine of Rs.1,000/-for offence under Section 120-B of the IPC. He was also sentenced to RI for one year and a fine of Rs.1,000/- for offence under Section 409 of the IPC. He was also sentenced to RI for one year and a fine of Rs.1,000/- for offence under Section 5(2) read with Section 5(1)(c) of the Act of 1947 read with Section 120-B of the IPC. All sentences were to run concurrently. In default of payment of fine, the appellants were to undergo imprisonment for six months.

6. Being aggrieved by the order of conviction and sentence, both the appellants filed separate appeals to the High Court. As we have already noted, by the impugned order, the appeals were dismissed by the High Court and, hence, the present appeals.

7. The basic submission of Mr. Amarendra Sharan and Mr. S.K. Dubey, learned senior counsel for the appellants is based on the fact that the Act of 1947 stood repealed by the Prevention of Corruption Act, 1988 (for short, “the New Act”). The alleged crime took place between 9/7/1988 and 14/07/1988 and FIR was lodged in respect of the same on 19/02/1990 alleging offences under the Act of 1947. Counsel submitted that FIR could not have been lodged for the offences punishable under the Act of 1947, which stood repealed by the New Act. I