SANDEEP SHARMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Three criminal revisions bearing No.5454/2019 preferred by Sandeep Sharma, Cr.R. No.4985/2019 preferred by Vinod Kumar Gupta and Cr.R. No.4383/2019 preferred by R.B.S. Jaat are being decided by common order. All three criminal revisions were preferred against framing of charges by the Courts below.

(2.) The prosecution story in brief is that on 13.09.2002, one Ishwar Kumar Dawani, Guddi Pandey and Sandeep Sharma entered into a conspiracy to obtain loan for purchase of Car bearing number MP-20- FA-2099 The said accused persons suppressed the fact from the bank that said car has already been financed under hire purchase agreement by Tata Telco Company. In the application form which was submitted for obtaining the loan on secondhand vehicle, the aforesaid fact was suppressed. Bank Officer R.B.S. Jaat proposed for the loan and Manager Vinod Kumar Gupta approved the loan. A banker's cheque was issued in name of accused Smt. Guddi Pandey. The borrower defaulted in payment of money, he has issued a cheque which was not honoured. Bank suffered a loss as the vehicle was already hypothecated with Tata Telco Company. Finance Company sold the vehicle in March, 2005 to Surendra Kumar and therefore, State Bank of India suffered a loss. It was alleged that R.B.S. Jaat and Vinod Kumar Gupta, who are the employees of the bank did not verify the documents and had approved the loan and thus they have assisted in the offence and had got benefit indirectly. Police had filed charge-sheet against the applicants under Sections 467, 468, 471, 420/120-B and 34 of IPC.

(3.) Learned trial Court i.e. Additional Sessions Judge, Jabalpur, Shri Manish Singh Thakur framed charges against Vinod Gupta, R.B.S. Jaat and Sandeep Sharma under Sections 420/120-B of IPC and they were discharged for committing offences under Sections 467, 468 and 471 of IPC.