A Delhi court on Wednesday convicted Madhya Pradesh Congress MLA Rajendra Bharti in a case related to cheating and forgery of bank records.
Special Judge Dig Vinay Singh of the Rouse Avenue Court convicted Bharti and a former cashier, Raghuvir Prajapati, of criminal conspiracy, cheating, and forgery.
The case, which was registered in 2015 in Madhya Pradesh’s Datiya, was transferred to Delhi by the Supreme Court in October last year after noting claims that efforts were made to intimidate defence witnesses.
In a 95-page judgment, the court said that Bharti and Prajapati, along with other unknown persons, entered into a criminal conspiracy with the objective of cheating the complainant bank, Zila Sahkari Krishi aur Gramin Vikas Bank, by drawing interest at a much higher rate.
“In furtherance of this conspiracy, the bank documents, which are valuable securities, were forged, and the forgery was part of the aim to cheat the bank,” the court said.
The prosecution, led by additional public prosecutor Manish Rawat, argued that Bharti’s late mother, Savitri, deposited ₹10 lakh in the Zila Sahkari Krishi Aur Gramin Vikas Bank at Datiya on August 24, 1998. The deposit was made in the name of a family-run trust as a fixed deposit (FD) for three years at an interest rate of 13.5% per annum.
The prosecution submitted that the accused conspired to extend the high-interest payments indefinitely by physically tampering with bank records, such as ledgers, receipts, and counterfoils.
{{/usCountry}}The prosecution submitted that the accused conspired to extend the high-interest payments indefinitely by physically tampering with bank records, such as ledgers, receipts, and counterfoils.
{{/usCountry}}“Bharti, who served as the Chairman of the bank during the period of the fraud, used his position to pressure employees and facilitate the unauthorised payments of his family trust,” the court observed, noting that co-accused Prajapati’s initials were found next to the tampered sections of the records where correction fluid was applied.
The court dismissed the defence’s argument that the accused were public servants immune from prosecution in the absence of government sanction.
“Committing an offence punishable under law can never be considered part of a public servant’s official duties… Since forgery involves creating false documents and cheating involves deception, these acts are regarded as a dereliction of duty rather than the performance of a duty,” the court said.
The court will hear arguments on the quantum of sentence on Thursday.