MAHENDRA CHIMANLAL VAKHARIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule returnable forthwith. Learned APP as also learned advocate Mr. Kodekar, waive service of notice of rule for and on behalf of the respective respondents.

(2.) One Shri Peter Joseph Parmar, who happens to be the Officer of the Bank of India, on 06.11.1992 filed an FIR for the offences punishable under Sections 379, 465, 467, 468, 511 and 114 of the Indian Penal Code (hereinafter referred to as "IPC"). Pursuant thereto, an offence came to be registered at C.R.No.I-381 of 1992 with Karanj Police Station, Ahmedabad. As coming out from the memo of the application, it was registered against one Salim Salauddin Shaikh and one person resident of Mumbai. On the strength of which, investigation commenced. Thereafter, investigation came to be transferred to C.I.D. (Crime) and it was lastly transferred to C.B.I., BS. & FC., Bombay.

(3.) The case of the prosecution is that in October, 1992 about 12 MICR drafts with printed numbers purported to have been drawn by Bank of India, Kalyan Branch, each of Rs. 9 lakhs aggregating to Rs.1.08 crore were paid in clearing through their Ahmedabad Regional Collection Center to Bank of Baroda, Ashram Road Branch. The Bank, upon noticing irregularities in respect of serial numbers of the Demand Drafts received for payment, sought to verify the genuineness of the said drafts with their Kalyan Branch. Upon inquiry with Kalyan Branch, the said demand drafts were not issued by them and subsequently, the FIR was lodged. During the course of investigation, it was revealed that all the accused persons conspired with each other to cheat the Bank. During the course of investigation, it was found that the applicant obtained one blank demand draft book of TL series of Bank of India and two pads of Advices of Drawing (AOD), which were later on found missing from the Bank of India, Kalyan Branch. One accused Nasirullah Afzal Shaikh, who is accused No.6, also got forged 19 demand drafts of Rs.9 lakhs each favouring M/s/ P. Kanubhai & Co. purporting to have been issued by the Bank of India, Kalyan Branch. Out of these 19 demand drafts, the accused got encashed 12 demand drafts of Rs. 9 lakh each by opening the account in the name of M/s. P. Kanubhai & Co. in the Bank of Baroda, Ashram Road Branch and encashing the demand drafts from each accounts, the funds were transferred to three different fictitious accounts opened in the names of Mahendrakumar Shah & Co. and Mukesh K. Shah & Co. and Pravinbhai Kothari & Co. in the same branch. The amount so defrauded was subsequently remitted to Hong Kong on the false pretext of remittances towards import of diamonds from these three accounts.