MALKEET SINGH GILL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Leave granted.

(2.) The appellant has filed the present appeal against the judgment dtd. 13/2/2020 passed by the High Court of Chhattisgarh at Bilaspur in Cr. R No. 95 of 2005, whereby the High Court has upheld the order dtd. 29/1/2009 passed by the Additional Sessions Judge, Raipur in Criminal Appeal No.21 of 2004 and the order dtd. 16/12/2003 passed by the Chief Judicial Magistrate, Dhamtari in C.C. No.1589 of 2003. While convicting the appellant for the charges under Ss. 409, 420, 409 read with Sec. 120­B and 420 read with Sec. 120B of the Indian Penal Code (in short 'IPC '), the Trial Court sentenced them to undergo rigorous imprisonment of 04 years, 07 years, 01 year and 02 years respectively along with fine of Rs.10,000.00­, Rs.50,000.00­, Rs.1,000.00­ and Rs.2,000.00­ respectively. The Trial Court and the Appellate Court directed to serve the sentences one after the other. The High Court while allowing the Revision in part directed that sentences so awarded shall run concurrently.

(3.) The facts briefly put are that, one Ambika Prasad was the Director of the Company namely Revanchal Vitta and Commercial Vikas Limited Company (herein after referred to as 'the Company ') and the appellant/accused No.2 was the Area Manager of the Company. The Company was engaged in the activity of collecting money through its agents by deposits like a Bank and assured to give 8 to 10% annual interest to the depositors. The passbook and ledger accounts were also kept and maintained by the Company with respect to deposits. The money deposit receipts were also given to the depositors. The depositors have made deposits with intent to earn interest, as promised. Upon maturity when the return of deposits was asked with interest, it was denied and later the Company was closed. Alleging said fact, the complainant namely Ajay Kumar Meenwal filed a written complaint on 12/6/1998 against Ambika Prasad and the appellant/accused No.2 for deceiving him and the public at large under the guise of wrong information, that their Company is recognized by Reserve Bank of India. They induced the depositors offering attractive return, but on taking deposit the amount of such deposit was not returned at the time of maturity and their deposit amount is misappropriated. On the complaint, as per allegations, initially offence under Sec. 420 of IPC was registered. Upon further investigation, the passbook, receipt, ledger accounts etc. were seized, statements of witnesses were recorded and offences under Ss. 467, 468, 471, 120­B read with Sec. 34 of IPC were added.