ASHOK JAIN Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) Present criminal appeal has been preferred by the appellant, who is currently serving out his sentence, being aggrieved against the judgment and order dated 11.08.2014, passed by learned 3rd Additional Sessions Judge / Special Judge, Prevention of Corruption Act (C.B.I.), Dehradun, whereby he was convicted and sentenced for the various offences enumerated here-inunder.

(2.) Convict-appellant has been convicted for the offences punishable under Section 420 IPC, Section 120B IPC read with Sections 420, 468, 471 IPC and Section 13(2) of Prevention of Corruption Act. Convict-appellant was sentenced to undergo rigorous imprisonment (under Section 420 IPC) for a period of four years alongwith a fine of Rs. 1,00,000/-, in default of payment of which, the convict shall further undergo simple imprisonment for three months. He has also been directed to undergo rigorous imprisonment (under Section 120B IPC read with Sections 420, 468, 471 IPC and Section 13(2) of Prevention of Corruption Act) for a period of four years alongwith a fine of Rs. 75,000/-, in default of payment of which, the convict shall further undergo simple imprisonment for three months. All the sentences were directed to run concurrently by the trial court.

(3.) Shorn of unnecessary details, prosecution story, in a nutshell, is that on the basis of a written complaint of S.K. Rohilla, Dy. General Manager, Central Bank of India, Regional Office, Dehradun, a case RC0072012A0006 was registered on 28.06.2012 by the Central Bureau of Investigation, Branch Dehradun, under Sections 120B, 420, 489, 471 IPC and Section 13(2) read with Section 13(1)(d) of the prevention of Corruption Act, 1988, against Romy Malhotra, Prempal, Ran Kumar, Ravinder Kumar, Ravinder Kumar Sharma, Ashok Jain (present appellant), P.K. Jain, the then Asstt. Manager and D.K. Rathi, the then Branch Manager, Central Bank of India, Aryanagar, Dehradun. It is alleged in that complaint that Romy Malhotra applied for cash credit limit loan in the name of M/s Sai Enterprises, in the month of August 2011. P.K. Jain, the then Asstt. Manager, conducted a pre-inspection of site of unit, address, documents and property of borrower and recommended the loan. On 06.09.2011, a cash credit limit of Rs. 70 lacs was sanctioned by D.K. Rathi, the then Branch Manager. Romy Malhotra mortgaged flat no. SH 21/315 located at New Moti Nagar, Delhi with the bank as a collateral security in respect of the aforesaid loan. Appellant Ashok Jain stood guarantor in this cash credit limit loan.