RAJESH MANDORE Vs. STATE OF M.P.

JUDGEMENT

(1.) The appeal preferred under Section 374 of the Code of Criminal Procedure, 1973 (for short 'the Code') has been filed by the appellant against the judgment dated 25/03/2014, passed by the Additional Sessions Judge, Dewas, in Session Trial No.193/2009, whereby, convicting the appellant ? Rajesh Mandore S/o Munnalal @ Munna Laal under Sections 467, 468, 471 read with Section 120-B of IPC and sentenced to 5 years Rigorous Imprisonment(under each section) with fine of Rs.5,00,000/- and, in lieu of payment of fine to undergo 2 years Rigorous Imprisonment; for offence under Section 420 read with Section 120(B) of IPC, sentenced to 6 years RI with fine of Rs.5,00,000/- and, in lieu of payment of fine, to undergo further Rigorous Imprisonment of 2 years.

(2.) The prosecution story, briefly stated, is that between 5/06/208 to 1/08/2008, all the accused persons have committed cheating and were involved in Criminal conspiracy by creati an NGO namely "Jan Jati Vikas, Krushi, Vanya Sanrakshan Pariyojna." The accused have purported themselves to be office bearers, coordinator and offices of a scheme and have prepared countrified seals and letter heads. The accused person have opened an account bearing account no.63026338146 with the State Bank of Indore, Branch Mahidpur, District Ujjain on the name of the so called society and accused no.2 being officer has issued authorization letter for operation of the Bank account of the said NGO on the name of coordinator Rajesh Mandore. It was further alleged that on different occasions few countrified credit advises were received by the Mahidpur Branch, said to be issued by the State Bank of Indore, Marwadi Road, Bhopal Branch which were deposited in the account of the said NGO. It is also the story of the prosecution that accused persons through Rajesh Mandore have, on different occasions, withdrawn a total sum of Rs.36,75,000/- thereby indulged themselves for committing offences under Sections 467 read with Section 120(b), 468 read with Section 120(b), 471 read with Section 120(b) and 420 read with Section 120(b) of IPC.

(3.) It is also story of the prosecution that accused Prabhat @ Kuldeep Singh being Pariyojna Adhikari has issued authorization letter in the name of present appellant Rajesh Mandore for operation of the Bank account and after opening of the account in the State Bank, a cheque book was also issued to the accused. The State Bank of Indore, Branch Mahidpur had received four credit advises which were counter fitted. These credit advises were received from Marwadi Road Branch Bhopal and were deposited in the account of the so-called "Jan Jati Vikas, Krushi, Vanya Sanrakshan Pariyojna.