STATE OF MADHYA PRADESH Vs. YOGENDRA SINGH JADON
LAWS(SC)-2020-1-102
SUPREME COURT OF INDIA
Decided on January 31,2020

STATE OF MADHYA PRADESH Appellant
VERSUS
Yogendra Singh Jadon Respondents


Cited Judgements :-

MADHUBHAI VIRJIBHAI DHANANI VS. STATE OF GUJARAT [LAWS(GJH)-2022-4-859] [REFERRED TO]
SANJAY KASHIRAM GOYAL VS. STATE OF GUJARAT [LAWS(GJH)-2021-6-377] [REFERRED TO]
NET RAM VS. STATE OF RAJASTHAN [LAWS(RAJ)-2021-4-103] [REFERRED TO]
MICHEAL FLOYD ESHWER VS. STATE [LAWS(KAR)-2022-2-68] [REFERRED TO]
AJAY KUMAR VS. STATE OF RAJASTHAN [LAWS(RAJ)-2021-4-56] [REFERRED TO]
PANKAJ TYAGI VS. STATE OF U.P. [LAWS(ALL)-2022-3-41] [REFERRED TO]
VIBHUTI THAKUR VS. CENTRAL BUREAU OF INVESTIGATION [LAWS(DLH)-2021-10-116] [REFERRED TO]


JUDGEMENT

HEMANT GUPTA,J. - (1.)The State is aggrieved against an order passed by the High Court of Madhya Pradesh on 2nd May, 2016 whereby the proceedings against the respondents, both sons of late Manohar Singh Jadon, for an offence under Sections 420, 120-B of the Indian Penal Code, 1860 (for short, 'IPC') were quashed.
(2.)A charge sheet for the offences under Sections 420, 406, 409, 120B IPC and 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 (for short, 'Act') was filed on 9th July, 2008 consequent to registration of FIR No. 3 of 2007 on 23 rd June, 2007. The allegation was that Manohar Singh Jadon, deceased father of the respondents in connivance with other employees of District Cooperative Kendriya Bank Maryadit, Shajapur (for short, 'Bank') committed financial irregularities on the basis of forged documents by misusing his post and by providing fake loan to the relatives. Manohar Singh Jadon was President of the Bank from 5th February, 1997 to 26th March, 2002 and from 27 th March, 2002 to 7th May, 2004. Harshvardhan Singh Jadon (accused-respondent No. 2) is the proprietor of M/s. Harshvardhan & Brothers whereas Yogendra Singh (accused-respondent No. 1) is the proprietor of M/s. Sarohar Trading Company. Ghanshyam Sharma, General Manager, Ramanlal Acharya, Manager, Ram Singh Yadav, General Manager were also arrayed as accused. It was alleged that accused Harshvardhan Singh Jadon submitted an application on 2nd November, 2000 for grant of cash credit limit of Rs.25 lakhs and that the cash credit limit was sanctioned without following the due procedure. It was also alleged that mortgage deed was not registered nor signature of original loanee was found on the mortgage paper. It is also pointed out that an amount of Rs.59,88,327/- was balance on 1st December, 2001 even after depositing Rs.25 lakhs and that the President has done the renewal of cash credit limit at his own level and its confirmation was got done later on from the loan Sub-Committee, while the case was of the son of the President alone. In respect of Yogendra Singh, again the allegation is that cash credit limit of Rs.25 lakhs was sanctioned on the basis of his application dated 30 th July, 2001 without completing any of the procedural requirements and without mortgage of any of the property. Smt. Saroj Singh mortgaged the land but without any valuation. The surety of Ishwar Singh was taken. The same person mortgaged land as in the case of Harshvardhan. Similar is the assertion in respect of registration of mortgage. It was also alleged that a sum of Rs.25,65,894/- is the balance as on 31st March, 2002 even after withdrawal beyond the approved credit limit of Rs.25 lakhs.
(3.)The Special Judge passed an order of framing of charges against Harshvardhan Singh Jadon and Yogendra Singh Jadon apart from other accused on 24th February, 2014. Such order was challenged by the respondents by way of a criminal revision.
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