ISMAIL KHAN SHAH Vs. STATE BY CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) These two Criminal Appeals are by A-2 to A-5 in the trial Court and they call in question their conviction and sentence passed in-respect of Sections 120-B and 420 of the I.P.C.

(2.) Criminal Appeal No. 457/2004 is by A-2, A-4 and A-5 and I have heard learned senior counsel Shri C. V. Nagesh for the appellants and learned counsel Shri C. H. Jadhav for the respondent-C.B.I. Crl. A. 490/2004 is by A-3.

(3.) The case of the prosecution in short is that, A-2 to A-5 entered into a criminal conspiracy with A-1 (whose case was split up and charge sheet was submitted only against A-2 to A-5) and during March 1991, appellants A-2 to A-5 availed cash credit facility to the extent of Rs. 1,00,000/- each in respect of 14 units and thereby caused wrongful loss to the State Bank of Travancore to the extent of Rs.22,09,435.40 as this was the amount which was outstanding from all the fourteen accounts which had been opened by the accused A-2 to A-5 in the names of (1) Venus Electronics, (2) Reliance Electronics, (3) Esquire Chitra Video Casette Services,. (4) Maruthi Agencies, (5) Spencer Enterprises, (6) Audio International Industries, (7) Excel Electronics, (8) Brindavan Enterprises, (9) Safari Enterprises, (10) Singer Audio Casette Manufacturing Company, (11) Top Video, (12) Sun Enterprises, (13) Best Video, and (14) Welcome Video, and the said accounts were also found opened by putting the signatures of different fictitious persons viz., Miss Farzea Haseena, S. K. Shah, Alfaq Ali, Miss I. K. Parshana Shah, Safiulla, I. K. Saif Ali Shah and Aziz Khan respectively.