HIRALAL BABULAL SONI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These criminal appeals are disposed of by this common order as they are directed against the common judgment and order dtd. 16/7/2009 of the High Court of Judicature at Bombay whereunder the High Court dismissed the appeal of the appellant/Hiralal Babulal Soni (Criminal Appeal Nos. 579-580/2012) and the appeal of the appellant/accused No. 3 namely, Nandkumar Babulal Soni, (Criminal Appeal No. 581-583/2012) whereas the appeals of Mr. S.K. Sheenappa Rai (accused no.1), Devdas Shetty (accused no.2) and Vijaya Bank were allowed. We shall later notice the conviction and sentence awarded by the courts below.

(2.) The offence pertains to commission of fraud by remittance through fake Telegraphic Transfers ["TT"] and subsequent withdrawals to the tune of Rs.6,70,00,000.00 at Vijaya Bank, Nasik Branch, Maharashtra.

(3.) During the investigation, the Investigating Officer recorded the statements of the owner of Jewellary firms i.e. M/s. Chenaji Narsinghji ['M/s. CN'] and M/s. V.P. Jewellers and thereafter filed the chargesheet against accused nos. 1 and 2 by mentioning that further investigation is going on. Later, Central Bureau of Investigation ['CBI'] found that most of the DDs were issued in favour of M/s. CN against the purchase of gold bars and the delivery of those gold bars were given to accused no. 3 or through him to Mayur Desai @ Mukesh Shah. CBI found link between absconding accused Mukesh Shah and accused no. 3 to whom gold bars were delivered from M/s. CN. On 1/6/2001, a search was carried out at the shop of accused no. 3 effecting seizure of 205 gold bars and other documents. Thus, chargesheet was filed against accused no. 1 (S.K.Sheenappa Rai), accused no. 2 (M. Devdas Shetty), accused no. 3 (Nandkumar Babulal Soni) whereas accused no. 4 (Mayur Desai @ Mukesh Shah @ M.P. Jain @ Mukesh Jain) could not be traced and declared proclaimed offender by the Trial Court on 12/2/2002.