GANGTOK, India, Aug. 29 -- Sikkim High Court issued the following judgment/order on Aug. 6:

Meenakshi Madan Rai, J.

1. Crl.A. No.10 of 2024 (Ranjit Ghimirey vs. State of Sikkim) and Crl.A. No.11 of 2024 (Madan Subba vs. State of Sikkim), are being disposed of by this common Judgment.

2. For brevity, the Appellant in Crl.A. No.10 of 2024, shall be referred to as "A1" and the Appellant in Crl.A. No.11 of 2024 as "A2".

3. A1 was convicted and sentenced to undergo simple imprisonment for a term of three years each, under Sections 468, 471, 420 read with Section 34 and Section 120B(2) of the IPC along with fine of rs 10,000/- (Rupees ten thousand) only, each, under each of the Sections with default stipulations.

(i) A2 was convicted and sentenced to undergo simple imprisonment for three years each under Section 420/34, Section 120B(2) of the IPC and under Section 13(1)(c)(d) punishable under Section 13(2) of the Prevention of Corruption Act, 1988 (hereinafter, the "PC Act"), along with fine of rs 10,000/- (Rupees ten thousand) only, each, under each of the Sections with default stipulations. He was acquitted of the offences under Sections 468 and 471 of the IPC.

(ii) The convictions ensued, following the trial of A1 and A2 in the Court of the Learned Special Judge (PC Act, 1988), Gangtok, Sikkim, in ST (Vig) Case No.02 of 2019 (State of Sikkim vs. Ranjit Ghimirey and Another).

4. The Prosecution case commenced with the lodging of FIR (Ext P-45/P.W.18), by the Complainant, Man Bahadur Tamang PW-6, on 31-08-2016, at around 11.30 hours, alleging that A1 had taken his handwritten "parcha khatiyan" (land title documents) from him, assuring him that he would obtain a computerised copy of the document as written documents were redundant. He failed to return the document despite lapse of a long period of time. On 20-05-2016, PW-6 received a Notice from the District Collectors Office, at Gangtok, Sikkim, seeking repayment of the loan availed by him. As he had not taken any loan he made enquires, during which it came to light that, A1 by impersonating him (PW-6) had utilised his land documents to obtain a hotel loan from the Sikkim Industrial Development and Investment Corporation Limited (SIDICO), having affixed the photograph of Chandra Kumar Rai PW-33, on the loan application dated 03-12-2008. A1 prepared and signed the requisite loan documents. A2 at the relevant time was posted as General Manager, SIDICO, Jorethang Branch. In the context of the loan application of A1, A2 is alleged to have submitted two false inspection reports dated 30-11-2008 and 24- 12-2008. In the first inspection report, dated 30-11-2008, he recommended that an "Agarbatti" factory was a viable proposition and that Man Bahadur Tamang (PW-6, the Complainant) was a businessman, running a grocery shop, one taxi van and a garment business in the locality. That, loan be sanctioned to him. Based on this false report, a loan of rs 1,00,000/- (Rupees one lakh) only, was sanctioned by the SIDICO on 03-12-2008. The loan amount was to be released in two tranches. On 03-12-2008 he filed an application seeking release of the first instalment of rs 50,000/- (Rupees fifty thousand) only, which came to be released on 16-12- 2008. In the second inspection report, dated 24-12-2008, A2 claimed to have seen a lease agreement between Man Bahadur Tamang (PW-6) and his landlord Tilak Lohagun (PW-23), regarding the location of the restaurant. He claimed to have inspected the proposed location for which furniture and other necessities had already been acquired. He therefore recommended release of the balance loan amount of rs 50,000/- (Rupees fifty thousand) only. Based on his recommendation, the second instalment of rs 50,000/- (Rupees fifty thousand) only, was released on 06-01-2009. The entire loan amount was alleged to have been fraudulently withdrawn by A1 through withdrawal slips signed by him impersonating PW-6. Hence, the matter came to be reported and the case registered against A1 and A2 at the Sikkim Vigilance Police Station as Case No.RC-11 of 2016. Charge-Sheet was filed against both A1 and A2.

The rest of the document can be viewed at https://hcs.gov.in/hcs/hg_orders/202100000102024_20.pdf

Disclaimer: Curated by HT Syndication.