M C GUPTA AND ORS Vs. CENTRAL BUREAU OF INVESTIGATION AND ORS
LAWS(UTN)-2012-3-147
HIGH COURT OF UTTARAKHAND
Decided on March 27,2012

M C Gupta And Ors Appellant
VERSUS
Central Bureau Of Investigation And Ors Respondents

JUDGEMENT

- (1.) Both these appeals are being decided together by this common judgment and order as challenge made in these appeals is to the same judgment and order dated 8.10.1999/25.10.1999, passed by Special Judge, AntiCorruption, U.P. (East), Dehradun, in C.B.I. Case No. 3/90, C.B.I. v. M.C. Gupta & Another. By the said judgment and order, learned Special Judge has convicted both the accused persons, namely, M.C. Gupta and M.L. Gupta under Section 120B, 409 IPC and Section 5(2) read with Section 5(1)(c) of the prevention of Corruption Act, 1947 (hereinafter referred to as Act of 1947 ). M.C. Gupta has been sentenced to undergo one year s R.I. and a fine of Rs 1,000/- for the offence under Section 120B IPC, two years R.I. and a fine of Rs 2,000/- for the offence under Section 409 IPC and one year s R.I. and a fine of Rs 1,000/- 2 for the offence under Section 5(2) read with Section 5(1)(c) of the Act of 1947. Another accused M.L. Gupta has been sentenced to undergo one year s R.I. and a fine of Rs 1,000/- for the offence under Section 120B IPC, one year s R.I. and a fine of Rs 1,000/- under Section 409 read with Section 120B IPC and one year s R.I. and a fine of Rs 1,000/- under Section 5(2) read with Section 5(1)(c) of the Act of 1947 read with Section 120-B IPC. All the sentences of both the accused persons have been directed to run concurrently. In default of payment of fine, accused appellants have been directed to undergo a further period of six months imprisonment in addition to the above punishment.
(2.) Briefly stated facts of the case are that accused appellant M.C. Gupta is real maternal uncle of co-accused Mohan Lal Gupta. In the year 1988, M.C. Gupta was posted as Assistant Divisional Manager, New India Assurance Company Ltd. at Moradabad. He was authorised by the New India Assurance Company Ltd. (for short, the Company) to operate its Account No. 314 held with Punjab National Bank, Civil Lines, Moradabad. Co-accused Mohan Lal Gupta was the proprietor of M/s Mohan Dal Mill, and Account No. SSI/53 was held in the name of M/s Mohan Dal Mill with State Bank of India, Orai, District Jalaun (U.P.).
(3.) On 9.7.1988 (date of incident), M.C. Gupta issued a cheque no. QDE-800186 worth Rs 1,00,200/- from the account of the Company and asked the bank for preparation of a draft of Rs 1,00,000/- in favour of Mohan Dal Mill. M.C. Gupta himself prepared the draft application dated 9.7.1988. The bank, accordingly, prepared a draft of Rs 1,00,000/- bearing no. PQW 709955/1/88 on the same date i.e. on 9.7.1988, and debited the amount of cheque 3 from the account of the Company. M.C. Gupta himself collected the said draft from the bank and sent it to his relative Mohan Lal Gupta at Orai, who deposited the same on 14.7.1988 in the aforementioned account of M/s Mohan Dal Mill vide pay-in-slip dated 14.7.1988. The amount was thus got encashed by Mohan Lal Gupta in the said account. This way, M.C. Gupta in collusion with Mohan Lal Gupta dishonestly and fraudulently misappropriated the finances of the company, which is public money, for wrongful gain to Mohan Lal Gupta causing corresponding loss to the Company. When this siphoning off money came into light of the Company, an FIR was lodged on 19.2.1990 under Section 406 IPC and Section 5(2) read with Section 5(1)(c) of the Act of 1947 (Act No. 2 of 1947). C.B.I. investigated the matter and submitted chargesheet against the accused appellants. Trial court, after taking on record massive documentary and oral evidence, convicted and sentenced to the accused appellants as stated above.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.