R.R.PD., J. - (1.) ALL these appeals arising out of the same judgment were heard together and are being disposed of by this common judgment.
(2.) THESE appeals are directed against the judgment of conviction and order of sentence dated 11.4.2007 passed in R.C.No.2(E) of 1998(D) whereby and whereunder the appellants Brij Bhushan,Aloke Kumar Guha @ A.K.Guha, Devendra Kumar Sinha@ D.K.Sinha, Chandra Mohan Prasad, P.C.Manjhi@ Prayag Chandra Manjhi and Parimal Kumar Banerjee were found guilty for the offences under Sections 420 read with Section 120B, 467 read with Section 120B, 468 read with Section 120B, 471 read with Section 120B, 477A read with Section 120B and also under Section 13(2) read with Section 13(i)(d) of the Prevention of Corruption Act and were sentenced to undergo rigorous imprisonment for three years for the offence under Section 467 read with Section 120B and to pay fine with default clause. Further they were sentenced to undergo rigorous imprisonment for two years and to pay fine with default clause for each of the offences under Sections 420 read with Section 120B, 468 read with 120B, 471 read with Section 120B and 477A read with Section 120B and further to go rigorous imprisonment for three years for the offence under Section 13(2) read with Section 13(i)(d) of the Prevention of Corruption Act. All the sentences were ordered to run concurrently. The appellant Nemi Chand Jain on being found guilty for the offences under Sections 420 read with Section 120B, 467 read with Section 120B, 468 read with Section 120B, 471 read with Section 120B was sentenced to undergo rigorous imprisonment for seven years for the offence under Section 467 read with Section 120B with fine with default clause. Further he was sentenced to rigorous imprisonment for three years with fine with default clause for each of the offences under Sections 420 read with Section 120B, under Section 468 read with Section 120B and under Section 471 read with Section 120B of the Indian Penal Code. All the sentences were ordered to run concurrently.
(3.) IT is the case of the prosecution that an information was received by the C.B.I. to the effect that the appellant Nemi Chand Jain, Director of M/s.Data Cables Pvt.Ltd. having entered into a criminal conspiracy with unknown persons cheated State Bank of India, SIB Branch, Dhanbad fraudulently and dishonestly by inducing them to deliver to the tune of Rs.1.40 lacks approx. in the matter of discounting of 17 bills of M/s. Data Cables Pvt. Ltd. raised at BCCL, Dhanbad without actually supplying the materials.;