MOHAMMED MOQUIM Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Appellant-Mohammed Moquim has preferred CRLA No.880 of 2022 against the impugned judgment of conviction and sentence dtd. 29/9/2022 passed by the learned Special Judge, Vigilance, Bhubaneswar in T.R. Case No.1 of 2009.

(2.) Five accused persons including the present Appellant were prosecuted jointly for different offences under the Prevention of Corporation Act (hereinafter referred as 'the P.C. Act') as well as Indian Penal Code (hereinafter referred as 'the I.P.C.'). First and Second accused persons are the then Managing Director and Company Secretary of Odisha Rural Housing Development Corporation (ORHDC) and they were charged with commission of the offences under Sec. 13(2) read with Sec. 13(1)(d) of the P.C. Act along with offences under Ss. 468, 471, 420 and 120-B of the I.P.C. The Company, namely, M/s. Metro Builders Pvt. Ltd. is the 3rd accused and the present Appellant (4th accused) is its Managing Director. The offences charged against the present Appellant are under Ss. 468, 471, 420 and 120-B of the I.P.C. only. The fifth accused, namely, M/s.Piyushdhari Mohanty is a Director of M/s. Metro Builders Pvt. Ltd.

(3.) It is alleged that during the period from June to August, 2000, all the accused persons including the present Appellant forged certain documents such as loan appraisal report, N.O.C. from the Fire Officer etc, and by using the same as genuine, obtained permission from Bhubaneswar Development Authority and applied for a term loan of Rs.1.5 Crores to ORHDC. The loan was illegally sanctioned and disbursed in favour of M/s. Metro Builders Pvt. Ltd. without keeping adequate security, thereby causing wrongful loss to the ORHDC. It is further alleged that the then Managing Director of ORHDC, without any financial power, sanctioned and disbursed the loan amount to the tune of Rs.1.5 Crores in connivance with the Company Secretary and other accused persons, that too when M/s. Metro Builders Pvt. Ltd. was a known defaulter. The loan was sanctioned and disbursed in hurry intending to provide such illegal pecuniary advantage to M/s. Metro Builders Pvt. Ltd.