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Orissa HC upholds conviction order of Congress MLA in loan forgery case
The special vigilance court in 2022 had sentenced Moquim and three others to three years of rigorous imprisonment and penalty of ₹50,000 each
The Orissa high court on Wednesday upheld the orders of a special vigilance court that had sentenced Congress MLA Mohammed Moquim to three years of imprisonment in a case of loan forgery effectively sealing his chances of fighting the coming state polls next month.
The special vigilance court in September 2022 had sentenced Moquim and three others to three years of rigorous imprisonment and penalty of ₹50,000 each over submitting forged and fabricated documents to avail a loan of ₹1.5 crore from Odisha Rural Housing & Development Corporation, a state agency.
Moquim and others had given documents including BDA plan, project estimate, fire prevention certificate that turned out to be forged.
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The loan proposal was neither placed before the board of directors of ORHDC nor before the loan committee for appraisal of the loan and approval. No spot/site verification was made before processing the loan application and during disbursement of the loan amount. The loan was disbursed without sufficient and adequate security and no tripartite agreement was executed between the parties.
In October 2022, following an appeal from the Congress legislator, the HC stayed his conviction, describing it as “an exceptional case” and allowed him to continue as member of the state assembly.
Moquim also challenged the propriety of the trial court’s order before the Orissa high court on the grounds that it was incurably defective and suffered from gross infirmities.
Dismissing the Congress MLA’s petition, the HC said his criminal intent is established having direct nexus with the offences committed. There are sufficient evidences available on record against Moquim for his active role in getting the loan sanctioned in favour of the company.
“In addition to this, the loan was sanctioned on the security of the personal guarantee, indemnity and assurance of Moquim. It is further indicated from the evidences that he along with other co-accused persons have intentionally and knowingly used series of forged documents, as discussed above, to get the loan sanctioned in favour of accused company without any justification. It is true that mere inability to repay the loan amount would not give rise to criminal prosecution. But here in the present case, fraudulent and dishonest intention of Moquim as the MD of Metro Builders has been established through prosecution evidence to show his intention to get the loan sanctioned and such conduct of Moquim from the very date of application for loan is clear on record to satisfy the existence of mens rea on his part,” the HC said in its order.
