SHYAM LAL GOEL Vs. C B I

JUDGEMENT

(1.) Appellant has filed this appeal challenging his conviction and sentence qua commission of offence punishable under Sections 120-B read with Sections 420, 468, 471 of the Indian Penal Code, 1860 (IPC for short) and under Sections 13 (2) read with 13 (1) (d) of the Prevention of Corruption Act, 1988 (for short 'the Act') as ordered by the trial Court vide judgment/ order dated 16.5.2011 in RC No. 1(E)/ 2003-EOW-1/DLI dated 28.1.2003 registered at Police Station CBI/EOW-1/ New Delhi.

(2.) Prosecution story, in brief, is that a complaint was received in the year 2001-2002 that the appellant had disbursed loan to his co-accused on the basis of fake salary certificate and undertaking certificate/ letter of authority purported to have been issued by M/s Escorts Limited, Faridabad. After through investigation of the case, separate challans were presented against the appellant and his co-accused.

(3.) Learned counsel for the appellant has submitted that appellant was working as a Manager of the bank. The salary certificate/ letter of authority had been produced by the co-accused of the appellant and appellant had no way of knowing that the said documents were forged. Appellant had granted loan to his coaccused after being satisfied that he was in possession of all the requisite documents. A post dated cheque was also received from the borrower. Now the loan amount in question had been duly repaid by the borrower.