LAKHAN SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS order shall govern disposal of Criminal Revisions No. 83/1994 and 95/1994, as they arise out of the same order dated 18.1.1994, passed by Special Judge Indore, in a Special Case No. 1/1989, framing of charges under section 120 B and 420 of the IPC and Sec. 5 (1) (d) read with sec. 5(2) of the Prevention of Corruption Act, 1947.

(2.) THE accused applicant M.K.S. Tomar was Branch Manager, State Bank of Indore Karhal branch at the relevant time. He during the year 1985 -1986 has sanctioned and released various loans to the co -accused Lakhansingh, Triloksingh and Mathura, the applicants in Criminal Revisions No. 95/94. On a compliant, CBI enquiry was instituted in the matter and it was revealed that the accused M.K.S. Tomar entered into criminal conspiracy with the borrower co -accused persons to cheat the Bank to the tune of Rs. 51,000/ -. The investigation disclosed that the loans were granted for digging of new wells but in fact no such well was dug by any of the borrowers and for the purpose of drawing various instalments of loan, the existing old wells were shown to be the wells dug by the borrowers. On these facts, the charge -sheet was filed and the Court below vide order impugned, has framed charges as aforesaid.

(3.) THE contention of the counsel for applicants is that the loan was applied for by the borrowers and sanctioned by the applicant Manager, after proper documentation. There was no scope for any criminal conspiracy whatsoever and no offence either under sec. 420 IPC or under the provisions of Prevention of Corruption Act is made out against any accused applicants.