Madhya Pradesh High Court

Vikas @ Vikky vs The State Of Madhya Pradesh on 27 February, 2023

Author: Vivek Rusia

                                                                       -1-
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                               AT INDORE
                                                          CRA No. 2013 of 2023
                                                 (VIKAS @ VIKKY Vs THE STATE OF MADHYA PRADESH)



                           Dated : 27-02-2023

                                  Shri Ravindra Singh Chhabra, learned Senior Advocate along with

                           Shri Aman Arora, learned counsel for the appellant.

                                  Ms. Mamta Shandilya, learned G.A. for the respondent/State.

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Heard on the question of admission.

Appeal is admitted for final hearing.

Also heard on I.A. No.1798/2023, which is FIRST application under Section 389(1) of Code of Criminal Procedure, 1973 for suspension of remaining jail sentence and grant of bail filed on behalf of appellant-Vikas @ Vikky Khandelwal.

The appellant has been convicted under Section 409/120-B, 467 and 468 of IPC and sentenced to undergo 7 years' R.I. with fine of Rs.5,000/-, 7 years' R.I. with fine of Rs.5,000/- and 4 years' R.I. with fine of Rs.2,000/- respectively with default stipulation.

As per prosecution story, upon direction issued by Collector, on 23.05.2012, the complainant Afsar Khan S/o Rajjak Khan, Project Officer, MNREGA, Jila Panchayat, Badwani lodged an FIR at Police Station Varla District Badwani to the effect that 23 Gram Panchayats falling under

Signature Not Verified Signed by: DIVYANSH SHUKLA Signing time: 28-02-2023 17:52:18

Janpad Panchayat, Sendhwa opened forge bank account in the State Bank of India, Branch, Malwan despite having regular accounts in other banks. At that time, the then Chief Executive Officer Lakhan Singh Rajput, was posted at Janpad Panchayat, Sendhwa and Rajesh Hadke was posted as Manager in the State Bank of India, Branch Malwan. In the year 2010-11, amount of Rs.5,21,50,000/- was deposited in these newly opened accounts of Gram Panchayats and thereafter money was misappropriated by Lakhan Singh Rajput, the then CEO, Raj Hadke, Branch Manager, proprietors of Pashupati Traders, Sendhwa, Rajrajeshwar Traders, Sendhwa, Neeraj Mishrilal Gupta Traders, Sendhwa, Sarpanchs and Secretary of 23 Gram Panchayats. Upon complaint made by the complainant, an FIR bearing Crime No.84/2012 for the offence punishable under Section 409, 420, 467, 468 and 34 of IPC.

The investigation was carried out which has revealed that in the financial year 2010-11 amount of Rs.13,90,20,000/- was transferred in the bank account of Janpad Panchayat, Sendhwa forexecuting various works in 114 Gram Panchayat under MNREGA falling under the said Janpad Panchayat. All 22 Gram Panchayats were already having their account in bank but they opened new account on instructions of accused Lakhan Singh Rajput, the then CEO and Rajesh Hadke on identification by property of aforesaid firms and thereafter by way of conspiracy and forge bills and supply or dues amount of Rs.5,21,50,000/- was misappropriated. After completion of investigation, charge-sheet was filed under Section for the offence punishable under Section 409, 420, 467, 468 and 120-B of IPC and Section 13(1) (C) of Prevention of Corruption Act. After examining voluminous record, and 42 witnesses as many as 23 accused persons have

Signature Not Verified Signed by: DIVYANSH SHUKLA Signing time: 28-02-2023 17:52:18

been convicted and sentenced vide judgment dated 31.12.2022 passed by Special Judge, Prevention of Corruption Act, District Badwani.

Learned Senior Counsel for the appellant submits that, the appellant has falsely been implicated in this case, he has not committed any offence, the main accused, the then CEO (Lakhan Singh Rajput) of Janpad Panchayat, Sendhwa and Branch Manager have not preferred any appeal. The entire record was manipulated by the then CEO (Lakhan Singh Rajput) of Janpad Panchayat, Sendhwa with the help of Branch Manager. The Sarpanchs and Secretaries of 23 Gram Panchayats had no knowledge of withdrawal of these amounts. It is further submitted that there is no recovery of any amount from them. During the trial, the appellant was on bail. Opening of second account in the bank is not an offence. Cheques issued by bank, were not forge documents. No CCTV footage has been obtained from bank. It is further submitted that if there was any recovery from Sarpanchs and Secretaries, the proceedings under Section 89 and 92 M.P. Panchayat Raj Avam Gram Swaraj Adhiniyam ought to have been initiated against them by the prescribed authorities. It is further submitted that police has not conducted independent investigation, only on the basis of report submitted by the Janapd Panchayat and documents relied therein, charge-sheet has was filed.

Ms. Shandilya, learned Government Advocate submits that the police has conducted detailed investigation. The signatures of Sarpanchs and Secretaries in cheques were duly examined by the hand writing expert and all cheques are found to be issued by Sarpanchs and Secretaries. When each Gram Panchayat is already having accounts in the Bank then these 22 accounts were opened only for transferring the amount illegally. No work

Signature Not Verified Signed by: DIVYANSH SHUKLA Signing time: 28-02-2023 17:52:18

was done in the 23 Panchayat for which money was withdrawn from these 23 accounts. If remaining sentence of the appellant is suspended, wrong message will go to public and others Gram Panchayats and they will also indulge into corruption or misappropriation of money. The appellant has misappropriated Rs.5,21,50,000/- which could have not recovered by the police. It is also not in dispute that aforesaid amount was transferred/misappropriated only 23 Gram Panchayats out of 114 Gram Panchyats by opening forge account.

Heard both sides.

As per statement of Assistant Account Officer, Dilip Chouhan, the accused Lakhan Singh Rajput, the then CEO obtained all cheques and in connivance with Sarpanchs, Secretaries, Branch Manager, entire amount of Rs.5,21,50,000/- has been misappropriated. All original cheques have been recovered in which signatures of Sarpanchs and Secretaries are there as per hand writing expert report. Learned Senior Counsel for the appellant submits that he was neither the Sarpanch, Secretary nor owner of the aforesaid firm. None of charges have been found proved against him. The only allegation against him is that on instructions of Lakhan Singh Rajput, the then CEO, he collected the blank cheques from the firms and handed over to him, the then CEO. He has been implicated only on the basis of memorandum under Section 27 of Indian Evidence Act, which is not admissible in the evidence.

Accordingly, I.A. No.1798/2023, is allowed and it is directed that subject to depositing fine amount and on furnishing personal bond by the appellant No.2 -Vikas @ Vikky Khandelwal in the sum of Rs.50,000/- (Rupees Fifty Thousands Only) with one solvent surety in the like

Signature Not Verified Signed by: DIVYANSH SHUKLA Signing time: 28-02-2023 17:52:18

amount to the satisfaction of the learned trial Court and on deposit of fine amount (if not already deposited), the execution of custodial part of the jail sentence shall remain suspended, till the final disposal of this appeal. The appellant after being enlarged on bail, shall mark his presence before the Registry of this Court on 12/09/2023 and on all such subsequent dates as may be fixed by the Registry of this Court in this regard.

List for final hearing in due course.

Certified copy, as per rules.

(VIVEK RUSIA) JUDGE Divyansh

Signature Not Verified Signed by: DIVYANSH SHUKLA Signing time: 28-02-2023 17:52:18