Judgment

Heard. Both these appeals are directed against judgment and order dated 20.09.2012/25.09.2012, passed by Special Judge (CBI), Shillong in CBI Case No. 2 of 1994, whereby said Court has convicted the accused/appellant Dhiresh Kr. Chakraborty under Section 120(B) and 420 IPC, and the accused/appellant Joharlal Das under Section 120(B), 420 and 468 IPC. The Trial Court (Special Judge, CBI, Shillong) has sentenced the accused/appellant Dhiresh Kr. Chakraborty to a simple imprisonment for a period of three years and directed to pay fine of Rs. 50,000/- under Section420 IPC, and simple imprisonment for a period of six months under Section 120(B) IPC. Said Court has sentenced the accused/appellant Joharlal Das to simple imprisonment for a period of three years and directed to pay fine of Rs. 50,000/- under Section 420 IPC, and simple imprisonment for a period of two years and directed to pay Rs. 50,000/- under Section 468 IPC, and simple imprisonment for a period of six months under Section 120(B) IPC.

2. Heard learned counsel for the parties and perused the lower Court record.

3. Briefly stated prosecution story is that co-accused Manohar Lal Kalra (since died), was posted as Deputy General Manager with New Bank of India, New Delhi, in the year 1988-89, who entered into a criminal conspiracy with M/s. Tricon Wood Products Pvt. Ltd., Shillong (of which accused D.K. Chakraborty was one of the Directors) along other accused, and fraudulently obtained total loan of Rs. 35.42 lakhs by committing forgery and thereby cheated the Bank. It is alleged that the loan was got sanctioned by the Bank Officers M.L. Kalra (since died) and Raj Gopalchari Narayan (since died) in connivance with the other accused without verifying the veracity of the project proposed by the debtors. The Central Bureau of Investigation (for short CBI) registered Crime No. RC. 19(A)/92-SHG on 30.06.1992 in respect of offences punishable under Section 120(B), 420, 468 and 471 IPC and Section 13(2) read with Section 13(1)(d) of Prevention of Corruption Act, 1988. After investigation, the Investigating Officer found that the loan application of M/s. Tricon Wood Products Pvt. Ltd., Shillong was processed in a hurried manner without verification of veracity of the facts mentioned in the project report/loan proposal. The co-accused ML Kalra sanctioned the loan beyond his power. It was also found that in furtherance with criminal conspiracy with the Directors of M/s. Tricon Wood Products Pvt. Ltd., Shillong, the loan was disbursed flouting all norms of the Bank. Investigation also revealed that a firm in the name and style of M/s. Sun Engineering Enterprises (which was a non existent firm) and whose account was operated by accused Johar Das, was shown to have supplied the goods to the debtor company on the basis of which loan of Rs. 15 lakhs (part of the loan) was deposited in its fictitious Account on 25/26.08.1988. The accused/appellant Joharlal Das/Johar Das withdrew the amount on the same date with the help of other co-accused Santosh Kr. Agarwal (absconder) and Rakesh Mittal (since died) who got said amount transferred by opening new Account No. 1786 and Account No. 1788 with Indian Overseas Bank, Ballyganj Branch, Kolkata. The Investigating Officer further found that actually the accused/appellant Joharlal Das was senior Accountant with Accountant General Officer, Shillong, and part of the sum (Rs. 57,000/-) for alleged supply of building materials to debtor company was transferred to his Account in State Bank of India, Branch Shillong. On conclusion of investigation, the charge-sheet was filed against the accused ML Kalra (since died) Raj Gopalachari Narayan (since died) D.K. Chakraborty (accused/appellant) Santosh Kr Agarwal (absconder) and Joharlal Das @ Johar Das (accused/appellant).

4. After giving necessary copies under Section 207 Cr.P.C., the trial court framed charge on 11.10.1996 against the accused/appellant D.K. Chakraborty and R.K.