The applicants' actions of obtaining loans in farmers' names do not constitute deposits or fall under the MPID Act, justifying their discharge from related charges.

JUDGMENT :

1. Heard learned Senior Counsel Shri F.T.Mirza for applicants and learned Additional Public Prosecutor Shri Anant Ghongre for the State. Rule. Heard finally by consent.

2. By these revisions, applicants have challenged orders dated 13.6.2022 passed by learned Additional Sessions Judge, Nagpur rejecting their applications for discharge in connection with Crime No.304/2018 (Special Case No.539/2020) registered under Sections 120-B; 409; 411; 413; 420; 467; 468; and 471 of the IPC and 3 of the MPID Act below Exhs.36 and 37. By these revisions, applicants are challenging orders only to the extent of discharge of offences under Section 3 of the MPID Act and Sections 411 and 413 of the IPC.

3. Brief facts for disposal of these revisions are as under :

The crime is registered on the basis of a report lodged by Madhukar Vithoba Gaikwad against applicants, who are husband and wife, alleging that they through co- accused Nilesh Dhorpe collected documents i.e. 7/12 Extracts, Aadhar Cards, Voter IDs, and Photographs from agriculturists on pretext of ensuring benefits under the Government Schemes and, thereafter, fraudulently, loan applications were prepared showing said farmers are asking for financial assistance. Applicants Rakesh Singh, represented agriculturists that he and his wife stood as guarantors and prepared 58 fraudulent loan cases. It is also case of the prosecution that while the Scheme envisaged sanctioning loan on security of product stored in godown subject to certificate issued by The National Collateral Management Services Ltd. Company (NCMSL), loans were sanctioned in names of agriculturists who did not supply grain. Thus, as per allegations, in connivance with certain officers of the Corporation Bank and NCMSL, applicants and co-accused succeeded in transferring amount Rs.25,11,68,500/- to accounts of farmers. Both applicants and co-accused, with the help of forged documents, released food grains worth of Rs.17,89,00,500/- from “Jagdamba Godown” from accounts of said farmers. Both amounts were transferred to their accounts and accounts of certain ostensible employees and close relatives of applicant Rakesh Singh. Total amount disbursed fraudulently was to the tune of Rs.51,49,56,057/- and only amount Rs.7,16,20,000/- is recovered.

4. On the basis of the said report, the crime was registered. During investigation, the Investigating Officer recorded statements of various agriculturists and after completion of the investigation, filed chargesheet against accused including applicants.

5. After filing of chargesheet, applicant Rakesh Singh preferred application vide Exh.36 and applicant Nutan Rakesh Singh vide Exh.37 for discharge on ground that applicant Rakesh Singh is Director of company namely “Maa Gouri Poultry Pvt.Ltd” and his wife Nutan Rakesh Singh is owner of “Jagdamba Warehouse Godown”. They only stood as guarantors. It is purely a case of non- payment of loans. They have not collected any deposits and there is no promise to agriculturists to pay amounts back to them. The agriculturists obtained loans and they are guarantors to the same. Thus, as far as offences under Sections 3 of the MPID Act and 411 and 413 of the IPC are not applicable and they be discharged from said charges.

6. The said applications were strongly opposed by the State on ground that it is applicant Rakesh Singh who is master mind and his wife and other co-accused, in connivance with other accused, committed the alleged fraud and misappropriated amount