A C OBEROI Vs. STATE OF UTTARAKHAND THROUGH CENTRAL BUREAU OF INVESTIGATION
LAWS(UTN)-2012-1-7
HIGH COURT OF UTTARAKHAND
Decided on January 06,2012

A.C. OBEROI Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

V.K.BIST,J. - (1.) SINCE in these appeals, there involve common set of facts, inasmuch as, the evidence led by the prosecution against the accused/appellants is identical, therefore, for the sake of convenience, all the above appeals have been consolidated and are being decided by a common judgment. Criminal Appeal No. 321 of 2003 shall be the leading appeal.
(2.) THESE appeals, preferred under Section 1860 374 (2) of the Code of Criminal Procedure, 1973 (for short Cr.P.C.), is directed against the judgment and order dated 18.10.2003 passed by Special Judge, Anti Corruption (CBI), Uttarakhand, Dehradun in C.B.I. Case No. 2 of 1986 'C.B.I. vs. A.C.Oberoi and others', whereby accused/appellants A.C. Oberoi has been convicted under Section 5 (2) read with Section 5 (1) (d) of the Prevention of Corruption Act, 1860 Section 420 and 120-B of the Indian Penal Code, (for short I.P.C.) and has been sentenced to undergo rigorous imprisonment for six months with fine of Rs.1,000/- under Section 5 (2) read with Section 5 (1) (d) of the Prevention of Corruption Act, and in default of payment of fine further simple imprisonment for a period of one month, rigorous imprisonment for two years with fine of Rs. 2,000/- under Section 420 I.P.C. and in default of fine further simple imprisonment for three months and one year's rigorous imprisonment with fine of Rs.2,000/- under Section 120-B I.P.C. and in default of payment of fine, further simple imprisonment for three months has been awarded. Vide the same judgment and order the accused/appellants Harcharan Singh and Satbir Singh have been convicted under Section 120-B and 420 I.P.C. and each of them have been sentenced to undergo rigorous imprisonment for one year with fine of Rs. 2,000/- under Section 120-B I.P.C. and in default of payment of fine, further simple imprisonment for three months and two years rigorous imprisonment with fine of Rs. 2,000/- under Section 420 I.P.C. and 3 in default of payment of fine, further simple imprisonment for three months to each has been awarded. Heard learned counsel for the parties and perused the Lower Court's Record. Facts leading to the appeals, in precise, are that on being received information, the Delhi Special Police Establishment, branch Dehradun lodged a First Information Report (Ext. A-92) against the accused A.C. Oberoi on 29.12.1984 that the accused, while posted and functioning as Accountant in State Bank of India, Paltan Bazar, Dehradun, during the year 1982-83 entered into criminal conspiracy with M/s D.F.C. Transport, Dehradun and also with the concerned firm M/s Pashricha Transport Company, Dehradun with the object of committing the offence of criminal misconduct and cheating. In pursuance of the said conspiracy, the said two firms issued five fake cheques to the Bank for encashment without having any amount in their respective accounts in the Bank. The five fake cheques were purchased by the Bank (by A.C.Oberoi as Manager) and the amount thereof was allowed to be paid to the firm M/s D.F.C. Transport, Dehradun and the cheques were deliberately detained by the accused A.C. Oberoi for considerable period without any ground and when sent to drawee Bank, they were received back unpaid in the absence of any amount in the respective account. In order to cover up fraudulent 4 withdrawals of the amount from the said Bank, the firm M/s D.F.C. Transport submitted other cheques one after another without having any amount in the respective accounts which too were purchased by the accused A.C. Oberoi and the amount was adjusted against the outstanding amount of the aforesaid cheques. The subsequent cheques, so submitted by the firm were also deliberately detained by the accused A.C. Oberoi for a considerable period and when sent for collection, they too were received unpaid. Ultimately the amount of the aforesaid five cheques paid to the firm M/s D.F.C. Transport, remained unpaid. The firm M/s D.F.C. dishonestly and fraudulently, in conspiracy with the accused/ appellant by way of misrepresentation of the facts, succeeded in receiving total sum of Rs. 2,00,950/- from the Bank and the accused A.C. Oberoi by corrupt and illegal means and otherwise abused his official position as a public servant, caused heavy pecuniary advantage to the said firm and the Bank was cheated. Initially, the investigation was conducted by S.R. Jaiswal, Dy. Superintendent of Police, C.B.I., Special Police, Dehradun.
(3.) DURING investigation, it was revealed out that the accused A.C.Oberoi, alongwith co-accused Harcharan Singh and Satbir Singh entered into a criminal conspiracy, with the object of committing the offences of cheating and criminal misconduct and in pursuance of the conspiracy the accused/appellant Harcharan Singh opened a 5 current account no. 2/24008 on 30.08.1992 in the Bank and the accused/appellant A.C. Oberoi was the introducer. Another current account no. 1/42266 was opened in the Bank in the name of M/s D.F.C. Transport with initial deposit of Rs. 500/- by the accused/appellant Harcharan Singh. On 07.08.1982 a truck No. URM-1576 was purchased by the accused/appellant Satbir Singh from one Harpal Singh for Rs. 2,12,500/-. This truck was financed by Punjab National Bank, Karanpur, Dehradun and a sum of Rs. 1,37,000/- was outstanding till the purchase of truck. An agreement was executed on 07.08.1982 between Harpal Singh and accused/appellant Satbir Singh regarding payment of cost of truck. This truck was jointly purchased by the accused/appellant Satbir Singh and Smt. Neeta Boeroi, wife of the accused/appellant A.C. Oberoi and an agreement dated 20.08.1982 was executed in between the two partners regarding ownership/and use of the truck. In this agreement, the accused/appellant Harcharan Singh and the accused/appellant A.C. Oberoi stood as witnesses. In continuation of the conspiracy, on 11.08.1982, a current account no. 346 was opened by the accused/appellant Harcharan Singh with State Bank of Patiala, Gandhi Road, Dehradun in the name of M/s Pashricha Transport by giving his name as H. Pashricha. The accused/appellant Satbir Singh, who was maintaining a current account no. II/00035 in State Bank of India, Paltan Bazar, Dehradun, was also maintaining a S.B.A/c no. 308 6 in State Bank of Patiala, Hardwar Road, Dehradun. Accused/appellant Harcharan Singh issued a cheque No. 741709 for Rs. 73,425/- dated 24.09.1982 against the aforesaid account of M/s Pashricha Transport in favour of M/s D.F.C. Transport Company. This cheque was purchased by the accused/appellant A.C. Oberoi on the same day and the amount was credited in the said account. There was no fund in the account of M/s Pashricha Transport and the accused/appellant A.C. Oberoi was not supposed to purchase such local cheques, as per banking norms. The said cheque was detained by the accused/appellant A.C. Oberoi till 21.10.1982 and when it was sent for collection, it was received unpaid on 22.10.1982 for want of fund, however on 22.10.1982, itself, two more cheques no. 741724 amounting to Rs. 36,750/- issued by the accused/appellant Harcharan Singh against the account of M/s Pashricha Transport and the other cheque no. 861749 for Rs. 35,900/- issued by the accused/appellant Satbir Singh against the account at State Bank of Patiyala, were again purchased by the accused/appellant A.C. Oberoi in favour of M/s D.F.C. Transport. Although, there was no funds in the two respective accounts, against which the said cheques were issued, but the amount of these two cheques were credited to the account of M/s D.F.C. Transport to adjust the outstanding balance of the aforesaid cheque no.741709. These two cheques were also detained by the accused/ appellant A.C. Oberoi for a considerable period till 19.11.1982 and 23.11.1982 7 respectively. Further the two cheques of Rs. 40,975/- dated 09.11.1982 and cheque of Rs. 36,400/- dated 18.11.1982 issued by the accused/appellant Harcharan Singh and cheque for Rs. 35,750/- dated 24.11.1982 issued by the accused/appellant Satbir Singh, against their accounts, maintained at State Bank of Patiala, Gandhi Road, Dehradun and State Bank of Patiala, Hardwar Road, Dehradun respectively, were again purchased by accused/ appellant A.C. Oberoi in favour of M/s D.F.C. Transport and the amount was credited into the said account. Out of these cheques, the cheque dated 09.11.1982 was detained till 20.11.1982, while the remaining two cheques were not sent for collection. The amount of Rs. 1,13,225/- allowed by the accused/appellant A.C. Oberoi was outstanding on 23.12.1982 and was to be intimated to the Head Office of the Bank at the end of the year. The accused/appellant Harcharan Singh opened a current A/c no. 2274 with the Punjab & Sindh Bank, Tilak Nagar, New Delhi with the deposit of Rs.100/- only on 12.11.1982 and thereafter two cheque nos. 151804 for Rs. 19,746.75/- and 151805 for Rs. 18,987.25/- both dated 23.12.1982 were issued by the accused/appellant Harcharan Singh, against the said account. These two cheques were purchased by the accused/appellant A.C. Oberoi in favour of M/s D.F.C. Transport on 23.12.1982 and the amount was credited to the account of the firm. These two cheques were also detained by the accused/appellant A.C. Oberoi till 01.01.1983 and when sent for collection, these were also returned 8 unpaid for want of funds. On 28.12.1982, the accused/appellant Satbir Singh opened a S.B. A/c no. 2789 at Punjab & Sindh Bank, Mussoorie with a deposit of Rs. 200/- only and on the same day, he issued four cheque nos. 100121 to 100124 for Rs.19,872.90/- Rs. 18,325.75/-, Rs. 17,910.40 and Rs.18,705.35/- respectively, against the said account in favour of M/s D.F.C. Transport and these cheques were purchased by the accused/appellant A.C. Oberoi on 29.12.1982 and the said amount was utilized in order to bring down the outstanding balance in the account of M/s D.F.C. Transport. These cheques were also detained by the accused/ appellant A.C. Oberoi till 31.01.1983 and when were sent for collection, these cheques were returned unpaid for want of funds. The accused/ appellant A.C. Oberoi also allowed similar unauthorized credit to the accused/appellant Satbir Singh by purchasing similar fake cheques amounting to Rs. 65,350/-. To meet out the outstanding balance in the name of the accused/ appellant Satbir Singh for Rs. 65,350/- the accused/appellant Harcharan Singh issued four more cheque nos. 151806 and 151807 dated 23.12.1982 for Rs. 17,965.40 and Rs. 10,000/- and no. 151809 and 151810 dated 28.12.1982 for Rs.18,170/- and Rs. 19,975/- against the aforesaid account at Delhi in favour of the accused/appellant Satbir Singh. These cheques were also purchased by the accused/appellant A.C. Oberoi and the amount was utilized to meet out the outstanding balance. These cheques were also returned unpaid 9 for want of funds. When an objection was raised by the Regional Office of the Bank regarding the recovery of the amounts of the aforesaid four cheques amounting to Rs. 74,814.40/- issued against the Mussoorie account the accused/appellant A.C. Oberoi falsely intimated the Regional Office vide letter No. 29/132 dated 12.03.1983 that the amount of said D.Ds. no. 9042 to 9045 has been recovered from M/s D.F.C. Transport with overdraft interest. Investigation of the case was entrusted to Mr. Raman Tyagi, Sub-Inspector, CBI/SPF, Dehradun, who recorded the statements of the witnesses, obtained sanction from the competent authority and took in his custody the relevant documents, which culminated into filing of the charge sheet (Ext. A-93) against all the accused/appellants.;


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