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2012 Supreme(MP) 1237

IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BENCH
P.K. Jaiswal, M.C. Garg, JJ.
Arun Khare – Appellant
Versus
Central Bureau of Investigation – Respondent
Cr. Appeal No. 120 of 2006
Decided On : 05-12-2012

Advocates Appeared:
For the Appellants : Mr. P.K. Saxena, Mr. Manoj Soni, Mr. Ashish Gupta, Mr. Vikas Jain, Mr. Girish Desai, Mr. A.K. Saraswat, Mr. S.K. Vyas, Mr. Ashish Vyas, Mr. Shahid Khan.
For the Respondents: Mr. Viney Zelawat, Mr. Vivek Sharan.

Headnote:

The appellants were convicted for cheating and criminal conspiracy. The trial court found that the appellants had conspired to cheat banks by opening fake accounts and issuing cheques without sufficient funds. The appellants appealed, arguing that the trial court had erred in finding that they had conspired to cheat the banks and that the offenses were compoundable. The High Court held that the appellants had indeed conspired to cheat the banks and that the offenses were not compoundable. However, the High Court reduced the sentences of the appellants, taking into account their age and the fact that they had already served some time in prison.

Fact of the Case:

The appellants were convicted for cheating and criminal conspiracy. The trial court found that the appellants had conspired to cheat banks by opening fake accounts and issuing cheques without sufficient funds. The appellants appealed, arguing that the trial court had erred in finding that they had conspired to cheat the banks and that the offenses were compoundable.

Finding of the Court:

The High Court held that the appellants had indeed conspired to cheat the banks and that the offenses were not compoundable. However, the High Court reduced the sentences of the appellants, taking into account their age and the fact that they had already served some time in prison.

Issues: Whether the appellants had conspired to cheat the banks.

Ratio Decidendi: The High Court found that the appellants had conspired to cheat the banks based on the following evidence: * The appellants had opened fake accounts in the names of individuals who were not present at the time the accounts were opened. * The appellants had issued cheques from these accounts without sufficient funds. * The appellants had benefited from the scheme by receiving money from the banks.

Final Decision: The High Court partly allowed the appeals. The High Court upheld the convictions of the appellants for cheating and criminal conspiracy, but reduced their sentences. The High Court also ordered the appellants to pay compensation to the banks.

JUDGMENT :

M.C. Garg, JJ.

1. All these appeals have been filed against the common judgment delivered on 25th January, 2004 in Sessions Trial No. 08/1994 by Special Judge, C.B.I. (Prevention of Corruption Act, 1988) and 6th A.S.J. Indore in which challans were filed separately based upon the investigation conducted by C.B.I. on R.C. No. 8 (A)/91-BPL and by which the accused Arun Khare, Prakash Nandedkar, Arvind Bhide, Pallavi Nandedkar, Ramesh Wankhede, Kaushal Ladia, Viney Majumdar, Murlidhar Demlani, Manohar Manglani and Girish Telang, were convicted under section 420 of IPC and sentenced to undergo R.I. for two years with fine of Rs. 1000/- each in default of payment of fine, to further undergo R.I. for three months each. All of them have also been convicted under section 120-B of IPC and sentenced to undergo one year R.I. with fine of Rs. 1000/- each; in default of payment of fine to further undergo R.I. for three months each. Accused Arun Khare and Arvind Bhide were also convicted under sections 13(1)(D) read with section 13(2) of the P.C. Act and have been sentenced to undergo R.I. for one year with fine of Rs. 1000/- each in default of payment of fine, to undergo R.I for three months. Details about the case number, appeal number, name of the accused persons who were involved, details of their conviction and sentence awarded to them are reproduced hereunder in the chart form:-

Sr. No.

Criminal Appeal No.

S.T. No.

Name of Accused/ appellants

Conviction and Sentence

Allegations

1

120/2006

08/1994

Arun Khare Branch Manager, Rambag Branch Indore of Bank of India for the period of 18.2.1988 to 197.1990

U/s 13 (2)(d) and 13(2) of P.C. Act R.I. for one year with fine of Rs.1000/- in default of payment of fine, to undergo R.I. for three months on each count. U/s 420 of IPC to undergo R.I. for two years with fine of Rs.1000/- in default of payment of fine, to further undergo R.I. for three months as well as U/s 120-B of IPC, one year R.I. with fine of Rs. 1000/- in default of payment of fine, to further undergo R.I. for three months

Purchased nine cheques-50,000/- each

2.

121/2006

-//-

Prakash Nandedkar One of the Director of M/s Scholars Yard School, Indore

U/s 420 of IPC to undergo R.I. for two years with fine of Rs.1000/- in default of payment of fine, to further undergo R.I. for three months as well as u/s 120-B of IPC, one year R.I. with fine of Rs.1000/- in default of payment of fine, to further undergo R.I. for three months

Cheques were seized from his house and he admitted the liability vide letter P/68 dated 19.11.1990. The cheques were drawn in favour of Dinesh Sharma who is absconder, Pradeep Pallad who is being tried separately, Ramesh Wankhede and Koshal Ladia and infact, has entered into a compromise with the banks by also making payment

2. Investigation commenced after C.B.I. registered the FIR suo moto vide R.C. No. 8 (A)/ 91-BPL. The allegations made in the said FIR are as under:

A credible information exists in these branch of C.B.I. Jabalpur to the following affect:-

That Shri A.K. Khare, while functioning a branch manager, Bank of India, Rambag Branch, Indore, entered into criminal conspiracy with the Partners/Proprietors Associates and their relatives of the firm M/s. Sonex Construction Material Trading Corporation (Pvt.) Ltd. Indore and other unknown persons/practices, during the period 1989-90, and in furtherance of the said criminal conspiracy Shri Khare fraudulently and dishonestly, purchased a huge number of bogus cheques unauthorisedly, drawn on 9 different parties of Indore of the said firm, aggregating Rs. 9 Lakhs (approx) beyond his delegated financial authority.

It is alleged that all the said 9 different parties are interconnected with M/s. Sonex Construction Ma





























































































































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