Indrajeet Singh Solanki Vs Union of India (Chhattisgarh High Court)
Chhattisgarh High Court held that there is no illegality or irregularity in sanctioning loans on the same day since no rule prohibited such sanction. The prosecution has not established any dishonest intention on the part of the Branch Manager at the time of sanctioning the loan.
Facts- The present appeals under Section 374(2) of the Code of Criminal Procedure have been preferred assailing the judgment of conviction and order of sentence dated 31.07.2007 passed by the learned Special Judge, C.B.I., Raipur (C.G.) in Special Criminal Case No. 35/2004. By the impugned judgment, the trial Court convicted the appellants – Indrajeet Solanki, Sudarshan Jain and Sudhirkshir Sagar.
Notably, the accused Indrajeet Solanki, while serving as Branch Manager of Dena Bank, Industrial Branch, Raipur, in the capacity of a public servant during the period from 12.06.1989 to July 1992, is alleged to have entered into a criminal conspiracy with Accused Sudarshan Jain, proprietor of M/s Jai Durga Stores, and co-accused Sudhirkshir Sagar, the alleged proprietor of M/s Shilpa Enterprises and Alok Traders, with the intention of cheating the bank. In furtherance of the said conspiracy, the accused are alleged to have forged documents, used them as genuine, and committed criminal misconduct by abusing the official position of Accused No. Indrajeet Solanki as a public servant.
