NDLI: Mayank N Shah Vs. State of Gujarat & Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	468 and 471 – Prevention of Corruption Act (2) 1947 – ss.5(1)(d) Penal Code Sentence/Sentencing 161 1860 – ss.120-B 420 166
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Sentence/Sentencing – Complaint lodged against the appellant-accused no.4 and four others – At the relevant time, accused no.1 was serving as Branch Manager of Central Bank of India, Ahmedabad– Accused nos.2, 3 were partners of a partnership firm engaged in the business of manufacturing crankshafts for jeeps, ambassador cars etc.– Appellant was serving as Chief Manager (Operations) with the firm and accused no.5 was office Superintendent– Accused no.2 applied to the Bank for availing loan facilities for the firm – Case of the complainant inter alia that under the Usance Bills facility, the partnership firm used to offer its bills drawn on different outstation parties and along with the said bills they produced railway receipt, motor receipt, invoices for the value of the goods sold to the parties and also the hundis drawn upon the purchases – Said documents were signed by accused nos.2-5– On such presentation, the bank used to grant credit facility – Allegedly, forged receipts were produced with Out-stationed Bills Discounted (O.B.D) and Bills Purchased (B.P) and in all, the appellant and accused no.5 presented to the Bank 25 bills to the tune of Rs.18,57,064.40/-, and the firm availed the credit facility from the Bank against such bills, by presenting fake transport receipts – Accused charged u/ss.161, 166, 420, 468 & 471, IPC r/w ss.5(1)(d), 5(2) of 1947 Act – Special Judge convicted the accused nos.1-4 – High Court confirmed the conviction and sentences imposed on the appellant –On appeal, held: Findings recorded supporting the prosecution case were in conformity with the oral and documentary evidence on record – Appellant knowing fully well that the invoices/bills were fake and fabricated, presented on behalf of the firm to the bank and thus cheated the bank – Prosecution proved the guilt of the appellant beyond reasonable doubt – However, in assessing the sentencing, the crime test requires adequate deference to factors such as role of the accused and his position within the rank of conspirators, among other things – In view of the fact that the appellant was only a salaried employee working in the firm owned by the accused no.2 and was relatively lower in the hierarchy, it is fit case to modify the sentence imposed on the appellant, while confirming the conviction – Period of sentence modified – All the sentences to run concurrently – Bail bonds of the appellant cancelled, who shall surrender within 4 weeks from today, failing which steps be taken to take him into custody for serving the remaining period of sentence – Penal Code, 1860 – ss.120-B, 161, 166, 420, 468 and 471 – Prevention of Corruption Act, 1947 – ss.5(1)(d), (2).
Judge	Hon'ble Mr. Justice R.Subhash Reddy
Neutral Citation	2019 INSC 1396
Petitioner	Mayank N Shah
Respondent	State Of Gujarat & Anr.
SCR	[2019] 15 S.C.R. 358
Judgement Date	2019-12-18
Case Number	2298

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Mayank N Shah Vs. State of Gujarat & Anr.

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Mayank N Shah Vs. State of Gujarat & Anr.

Mayank N Shah Vs. State of Gujarat & Anr.

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