Delhi HC has reserved its order on a plea by former MP MLA Rajendra Bharti seeking a stay on his conviction in a bank cheating case. The verdict will determine if his disqualification from the assembly can be reversed amid a midterm poll announcement.
The High Court will pronounce an order on Friday. Recently, a midterm poll has been announced by the election commission Bharti was convicted in the Gramin Vikas Bank Cheating case and was sentenced to 3 years' imprisonment.
Arguments in Court
Justice Manoj Jain reserved the order on the stay of conviction of former MLA Rajendra Bharti for tomorrow after hearing the submissions. Senior advocate Mohit Mathur appeared for the respondent, and advocate Abhik Chimni for the petitioner Bharti.
It was submitted by senior counsel that the petitioner has been convicted and a process for the midterm poll has been issued. The process cannot be reversed.
On the other hand, Advocate Abhik Chimni argued that once the conversation is stayed, the vacancy of the seat of MLA will go. He referred to judgement of the Supreme Court.
Background of the Appeal
The Delhi High Court on Wednesday heard the arguements on the appeal of Rajendra Bharti. He has challenged his conviction in the Rural Development Bank cheating case. He had also sought a direction for the Election Commission to not to issue a notification of Mid term poll on the seat that became vacant after his 3-year sentence.
He has appealed against the conviction and sentence in the Gramin Vikas Bank cheating case. Senior Advocate P Chidambaram alongwith advocate Abhik Chimni, had argued on behalf of Rajendra Bharti. It was argued that Bharti was not the beneficiary in this case. The trust was the beneficiary.
It was also submitted that this case was transferred to Delhi on the petition moved by Bharti, as he was not sure of getting justice in Madhya Pradesh. The high court has suspended his 3-year sentence till the pendency of his appeal. He was granted bail to challenge the judgement before the High Court.
On April 7, the High Court issued notice on the appeal of Rajender Bharti. He was disqualified from the Vidhansabha after he was sentenced to 3 years' jail by a Special court at New Delhi. He has also moved an application praying the Delhi High Court to instruct the election commission not to issue a schedule for the election on the seat that became vacant after his disqualification.
Trial Court's Verdict and Sentencing
On April 2, the Rouse Avenue court had sentenced Rajender Bharti to 3 years' imprisonment and imposed Rs. One lakh fine. Another convict, Raghubir Sharan Prajapati, was also sentenced to 3 years' imprisonment and a fine of Rs. 2.5 lakh has been imposed on him. They were convicted by the court in the Gramin Vikas Bank cheating case.
Special Judge (MP -MLA) Dig Vinay Singh sentenced Rajendra Bharti for the offence of criminal Conspiracy under section 120 B IPC read with 420, 467, 478 and 471. Other Convict Raghuvir Sharan Prajapati was sentenced to 3 years imprisonment foe offence of forgery and a fine of Rs. One lakh imposed under section 467 read with 120 B IPC. He is also sentenced to 2 years' imprisonment for the offence of forgery for cheating and a fine of Rs. 50000 imposed under section 468 IPC read with 120 B IPC. Additionally, he was also sentenced to 3 years jail term and a fine of Rs. One lakh imposed for the offence of Conspiracy under section 120 B read with Section 420, 467, 468, 471 IPC.
The court held Bharti guilty of the offence of criminal conspiracy punishable under Section 120B of IPC read with Sec. 420, 467, 468, 471 of IPC.
Additional Public Prosecutor (APP) Manish Rawat had appeared for the State and sought maximum sentence for both convicts. He submitted that there were other FIRs registered against Bharti. He was also subject to custody in a case. It was also submitted that he is 3 time MLA and a lawyer also. Despite the hatched conspiracy and earned interest on the FD at a higher rate as the Chairman of the Bank. Due to his act, the bank went into liquidation.
Details of the Cheating Case
The third accused, Savitri Shyam (Bharti's mother), passed away during the trial. A criminal complaint under Section 200 of the CrPC was filed on 29.07.2015 against Savitri and her son Bharti by Narender Parmar, Manager of Zila Sahkari Krishi Aur Grahmin Vikas Bank. Prajapati was summoned by the court on an application filed subsequently.
It was alleged that on 24.08.1998, Savitri deposited Rs. 10 lakhs in the complainant bank in a fixed deposit (FD) for a three-year term at an interest rate of 13.5% per annum in the name of an organisation, namely Shri Shyam Sunder Shyam Jan Sahyog Evam Samajik Vikas Sansthan, Mundian Ka Kuan, Datia, MP, which is a trust.
It was further alleged that instead of receiving the interest upon maturity, she began withdrawing annual interest payments of Rs. 1.35 lakh starting from the first year, 1999 and continued to withdraw that interest until 2011 for 13 years, in violation of the FD terms.
The bank also alleged Bharti used his influential position as chairman of the board of directors of the complainant bank to pressurise bank employees into facilitating unauthorised payments to his mother/the trust, causing wrongful financial loss to the bank.
The complainant bank had also alleged that in order to extend the interest payments beyond the initial three- year period, the accused, in conspiracy, tampered with official bank records, forged the FD duration on the bank ledger, FD receipts, and the FD certificate counterfoil to change the term from 'three' years to 'ten' or 'fifteen' years on different bank documents.
The complainant asserted that both Savitri and Bharti conspired to embezzle bank funds for personal dishonest gain. The accused continued to withdraw interest at the high rate of 13.5% long after the original FD term had expired. (ANI)
(Except for the headline, this story has not been edited by Asianet Newsable English staff and is published from a syndicated feed.)
