9911796707
TMI Blog2020 (9) TMI 1150X X X X Extracts X X X X X X X X Extracts X X X X ..... ayments amounting to Rs. 1,64,17,551/- (Rupees one crore sixty four lakhs seventeen thousand five hundred fifty one only) were made through RTGS by SIDBI in the vendor's account with Federal Bank, Thriupporur. Ultimately, SIDBI was informed by the vendor that it has an account with Central Bank, Bangalore and not with Federal Bank, Thriupporur. On account of this diversion of funds, an FIR was lodged in which a number of accused persons were arrested. We are concerned with the role of the appellant who is Accused no. 9 in the aforesaid FIR. 4. A charge-sheet was then filed on 26.07.2011 in the Court of Special Judge, CBI cases in which it was alleged that the appellant had received an email on 25.05.2009 containing the RTGS details for the account with Federal Bank, Thripporur, which he then forwarded to Accused No.5 (Muthukumar) who is said to be the kingpin involved in this crime and is since absconding. Apparently, based on Muthukumar's approval, the appellant then signed various cheques which were forwarded to other accounts. 5. By an order dated 27.06.2012 passed by the learned Special Judge, CBI (ACB), Pune, it was found that since no sanction was taken under the Prevention ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... etected and RIPL came to know of fraud/non-receipt of payment in their account when they received the payment advices dispatched as arranged by Shri Ashoo Tiwari and Shri Shasheel Karade. The Competent Authority is of the view had Shri Tiwari and Shri Karade been involved/connived with Shri Muthukumar, they would not themselves have arranged dispatch of advises at the correct and bonafide address of RIPL. Further, on learning about payment to wrong RIPL, Shri Tiwari proactively got the accounts of RIPL with Federal Bank frozen and thus prevented and saved withdrawal of Rs. 34.00 lacks laying in their account. This supports the case of his non-involvement in the fraud. 3. It was brought out during the meeting that the emailin question was generated fraudulently by Shri Muthukumar. Shri Ashoo Tiwari, on receipt of the email had endorsed it to Shri Muthukumar for verification as Shri Muthukumar was the designated officer to do so. Shri Tiwari on his part has done the due diligence through in the process he got duped by Sh. Muthukumar. 4. Having gone through the arguments put forth by theCBI and the disciplinary authority in SIDBI during the course of joint meeting, it transpired t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nable doubt. In P.S. Rajya vs. State of Bihar, (1996) 9 SCC 1, the question before the Court was posed as follows:- "3. The short question that arises for our consideration in this appeal is whether the respondent is justified in pursuing the prosecution against the appellant under Section 5(2) read with Section 5(1)(e) of the Prevention of Corruption Act, 1947 notwithstanding the fact that on an identical charge the appellant was exonerated in the departmental proceedings in the light of a report submitted by the Central Vigilance Commission and concurred by the Union Public Service Commission." This Court then went on to state: "17. At the outset we may point out that the learned counsel for the respondent could not but accept the position that the standard of proof required to establish the guilt in a criminal case is far higher than the standard of proof required to establish the guilt in the departmental proceedings. He also accepted that in the present case, the charge in the departmental proceedings and in the criminal proceedings is one and the same. He did not dispute the findings rendered in the departmental proceedings and the ultimate result of it." This being the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... judication proceedings cannot necessarily be held guilty in a criminal trial. Adjudication proceedings are decided on the basis of preponderance of evidence of a little higher degree whereas in a criminal case the entire burden to prove beyond all reasonable doubt lies on the prosecution. xxx xxx xxx 31. It is trite that the standard of proof required in criminal proceedings is higher than that required before the adjudicating authority and in case the accused is exonerated before the adjudicating authority whether his prosecution on the same set of facts can be allowed or not is the precise question which falls for determination in this case." After referring to various judgments, this Court then culled out the ratio of those decisions in paragraph 38 as follows:- "38. The ratio which can be culled out from these decisions can broadly be stated as follows: (i) Adjudication proceedings and criminal prosecution canbe launched simultaneously; (ii) Decision in adjudication proceedings is not necessarybefore initiating criminal prosecution; (iii) Adjudication proceedings and criminal proceedings areindependent in nature to each other; (iv) The finding against the person f ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
