TUKARAM BABULAL NINAVE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This Miscellaneous Criminal Case has been instituted on an application under Section 482 of the Code of Criminal Procedure, filed on behalf of the petitioner/accused Tukaram Ninave. It is directed against order dated 22.9.2011 passed by the 4th Additional Sessions Judge, Sagar in Session Trial no.65/2010, whereby the application under section 197 of Cr.P.C. filed by the accused was dismissed.

(2.) The case of the prosecution before the trial Court may be summarized as hereunder: Petitioner/accused Tukaram Ninave was Chief Manager of the Gujrati Bazar Branch of State Bank in Indore between June, 2001 to May, 2004. During aforesaid period, he conspired with his Deputy Manager Shrikant Mehta, Assistant Manager Ashok Maheshkar and Owners/Directors/Partners of 10 named tractor agencies of District Sagar. Under aforesaid criminal conspiracy, 142 farmers agriculturists were induced to obtain loans for purchase of tractors along with agricultural accessories/equipment like trolley, cultivator, plough, bony machine, leveler, thrasher etc., as per bills and quotations. Even before the loans were sanctioned, the Director of the Tractor Agencies got blank application forms for agricultural credits, short term and medium term loan applications, security acceptance letters, quotation bills, recovery forms of the bank, satisfaction letters, local inspection reports, forms no. II (10), mortgage deeds etc. signed by respective agriculturists. Thereafter, aforesaid blank papers were forged by making entries therein, behind the back of the agriculturists. Though, the agriculturists did not receive any agricultural equipment or accessories, yet additional amounts ranging between Rs.50,000/ - to 1,28,000/ - were entered into the loan accounts of aforesaid agriculturists. No spot inspections were carried out and forged local inspection reports were prepared on aforesaid blank papers and kept in the loan files. The agriculturists were taken into confidence and induced to affix their thumb impressions upon the documents and under the name of margin money, cash amounts and amounts from farmer credit cards were withdrawn and misappropriated. Thus, an amount of Rs. 5,06,32,103/ - was transferred to the accounts of the Directors of the Tractor Agencies.

(3.) After the investigation, a charge -sheet under Sections 120 - B, 409, 420, 467, 468, 471 of the I.P.C. was filed against officers of the Bank and Directors/partners of the tractor agencies.