Zila Sahkari Krishi Gramin Vikas Bank vs Smt. Savitri, Rajinder Bharti And Ors on 1 April, 2026

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    Delhi District Court

    Zila Sahkari Krishi Gramin Vikas Bank vs Smt. Savitri, Rajinder Bharti And Ors on 1 April, 2026

                                                             1
    
    
         IN THE COURT OF DIG VINAY SINGH, SPECIAL JUDGE (PC ACT),
          CBI-09 (MPs/MLAs CASES), ROUSE AVENUE DISTRICT COURT,
                               NEW DELHI.
    
                                                                                        SC/06/2025
                                                                  Old Case file no. 09/2022 SCPPS
                                                                    CNR no.DLCT11-001079-2025
                                                          U/s 120B r/w 409/420/467/468/471 of IPC
    
    
              Zila Sahkari Krishi Aur Grahmin Vikas Bank
              Datiya, Madhya Pradesh,
              (Through its General Manager)                                               .....Complainant
    
                       Versus
    
     1.       Smt. Savitri Shyam (Now deceased)
              W/o Late Sh. Shyam Sunder Shyam
              R/o Mundian Ka Kua, Datiya, Madhya Pradesh
    
     2.       Rajendra Bharti
              S/o Late Sh. Shyam Sunder Shyam
              R/o Mundian Ka Kua, Datiya, Madhya Pradesh
    
     3.       Raghuvir Sharan Prajapati
              S/o Ram Das Prajapati
              R/o Sahani Mohalla, Datiya, Madhya Pradesh.                                   ........ Accused
                                                   Date of initial institution (in MP)            :29.07.2015
                                                   Date of receiving in this Court                :06.11.2025
                                                   Date of conclusion of arguments                :18.03.2026
                                                   Date of judgment                               :01.04.2026
    
    
    
                                                   JUDGMENT
    

    1. The present judgment is directed against the two accused listed at serial
    numbers 2 & 3 ONLY. Besides them, Smt. Savitri (A-1) was also an
    accused in this case, but she passed away, and the proceedings against her
    were declared abated vide order dated 19.01.2019. She was the mother of

    Judgment dated 01.04.2026; In SC/06/2025; CNR no.DLCT11-001079-2025; Zila Sahkari Krishi Gramin Vikas Bank Vs.
    Smt. Savitri & Ors.; Page 1 of 95
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    SPONSORED

    Rajendra Bharti (A-2). For convenience the accused are hereinafter
    referred to as Savitri, Bharti, and Prajapati, respectively.

    FACTUAL BACKGROUND

    2. Initially, the trial of this case took place before the Ld. Special Judge in
    the State of M.P. and, on a petition of accused Bharti, the Hon’ble Supreme
    Court transferred the case to the State of Delhi in terms of Section 446(1)
    of BNSS 2023 (Section 406(1) of Cr.P.C.). All the offences charged in this
    case are triable by the Court of Ld. Judicial Magistrate First Class in Delhi,
    whereas some of them are triable by the Ld. Sessions Judge in M.P. due to
    an amendment specific to that State. Since, before its transfer to this Court
    in Delhi, the case was being tried at the Sessions Court level in M.P., it had
    to continue in this Court and not before Ld. JMFC, as Section 446(1) of
    BNSS states, that a transfer from a criminal Court subordinate to one High
    Court to another criminal court subordinate to a different High Court can
    only be made to a criminal court of equal or superior jurisdiction.
    Therefore, the trial continued in this Court as was also ordered in its order
    dated 20.11.2025, while dismissing an application preferred by Bharti
    seeking sending of this matter to JMFC Court.

    3. The case originated on a criminal complaint under Section 200 of the
    Cr.P.C. filed on 29.07.2015, initially filed against Savitri and her son
    Bharti only.

    3.1. After recording of the pre-summoning evidence and framing charges
    against Bharti (by then Savitri had expired), the complainant filed an
    application under Section 319 Cr.P.C., and the accused Prajapati (A-3) was
    summoned. Earlier, Prajapati appeared as a witness in the pre-summoning
    evidence in favour of the complainant.

    3.2. In the complaint, the crux of allegations is that on 24.08.1998, Savitri,
    Judgment dated 01.04.2026; In SC/06/2025; CNR no.DLCT11-001079-2025; Zila Sahkari Krishi Gramin Vikas Bank Vs.
    Smt. Savitri & Ors.; Page 2 of 95
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    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, Datiya, M.P. (which is a Trust
    and hereinafter referred to as the Trust, formed in her husband’s name, Sh.
    Shyam Sunder Shyam). Allegedly, instead of receiving the interest upon
    maturity, she began withdrawing annual interest payments of Rs.
    1,35,000/- starting from the first year 1999 and continued to withdraw that
    interest until 2011 (13 years), in violation of the FD terms. Allegedly,
    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. 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 asserts
    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.

    3.3. It is mentioned in the complaint that the complainant bank is a cooperative
    society serving farmers in Datiya District, Madhya Pradesh, and all its
    funds are cooperative funds. After her husband’s death, Savitri became the
    president of the trust named above. Her son, Bharti, a politician and former
    MLA from Datiya Assembly Constituency, was also the chairman of the
    complainant bank’s board of directors and controlled the organisation’s
    governance. When Bharti was chairman, the Apex Bank (State
    Cooperative Bank) issued a circular letter dated 02.03.1998, informing

    Judgment dated 01.04.2026; In SC/06/2025; CNR no.DLCT11-001079-2025; Zila Sahkari Krishi Gramin Vikas Bank Vs.
    Smt. Savitri & Ors.; Page 3 of 95
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    District banks about the Recurring Deposit Scheme and Double Deposit
    Scheme. On 24.08.1998, Savitri, as president of the trust, deposited Rs. 10
    lakhs in a fixed deposit by cash, requesting a three-year tenure (the amount
    was deposited on the same day in two tranches of Rs. 8.5 lakhs and Rs. 1.5
    lakhs). The bank employees issued her receipts Nos. 6153 & 6152,
    respectively, for Rs. 8.5 lakhs and Rs. 1.5 Lakhs, on the same day, opened
    a fixed deposit account at an interest rate of 13.5% per annum, and issued
    a fixed deposit certificate indicating a three-year term. The deposit was
    made under the double deposit scheme for 36 months, guaranteeing 13.5%
    interest. The fixed deposit account ledger (page no. 252) reflected the same
    three-year term.

    3.4. The complainant claims that under the double deposit scheme, if the
    amount remains deposited continuously for 36 months, it could be returned
    with interest at 13.5%. However, in 1999 (after the very first year), Savitri
    applied for interest payment on this fixed deposit, although she was
    entitled to the principal and interest only after three years.
    3.5. At that time, her son, Bharti, was the chairman. Under his influence, Rs.

    1,35,000 in interest was paid to Savitri, resulting in wrongful loss to the
    bank. The complainant alleges that although the scheme had a three-year
    term, Savitri and her son conspired to receive interest from the first year
    itself, thereby turning the fixed deposit into a wrongful transaction.
    Despite this, Savitri continued to demand annual interest, and under her
    son’s pressure, interest payments of Rs. 1,35,000 were repeatedly made,
    thereby allowing them to embezzle bank funds through fraud. It is also
    alleged that Bharti misused his official powers to get manipulated the bank
    records, changing the FD tenure from three years to ten years on receipt
    No. 6153 & 6152 dated 24.08.1998, and further altering it to fifteen years
    in the bank’s ledger and fixed deposit certificate, constituting forgery and

    Judgment dated 01.04.2026; In SC/06/2025; CNR no.DLCT11-001079-2025; Zila Sahkari Krishi Gramin Vikas Bank Vs.
    Smt. Savitri & Ors.; Page 4 of 95
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    cheating.

    3.6. After Bharti was no more a chairman, the bank discovered the fraud and
    ceased interest payments. Subsequently, Savitri filed a petition before the
    District Consumer Forum, Datiya, MP, based on false facts, which petition
    was dismissed. She then appealed to the State Consumer Commission,
    Bhopal. Meanwhile, Rakesh Bharti, Savitri’s younger son and Bharti’s
    brother, became the bank’s chairman and fraudulently got an employee to
    submit a statement in the appeal case without the organisation’s
    knowledge, claiming an outstanding amount owed to Savitri/the Trust.
    That employee was not authorised or instructed to do this by the bank.
    Accordingly, the present complaint was claimed to be filed based on
    instructions from the Registrar of Cooperative Societies.
    3.7. The complaint was filed for offences U/s 210/420/417/468/471 of the IPC
    before the Ld. CJM, Datiya (M.P.). The complainant’s manager, Narender
    Singh Parmar (Parmar for short), who signed the complaint, was examined
    U/s 200 Cr.P.C. on 29.07.2015. Thereafter, on the same day, Ld. CJM
    directed an inquiry U/s 202 Cr.P.C., instructing SHO, Kotwali Datiya, to
    investigate and report. On 19.02.2016, the SHO submitted the inquiry
    report. Later, additional witnesses for the complainant were examined
    under pre-summoning evidence, namely, Shiv Pal Ahirwar (examined on
    05.03.2016), Prajapati (examined on 19.03.2016, now an accused), and
    Virender Kumar Gupta (examined on 19.03.2016).

    3.8. On 19.06.2017, the Ld. CJM summoned Savitri and Bharti for offences
    U/s 420/467/468 & 471 of IPC. Subsequently, on 27.09.2018, referencing
    a memorandum dated 10.05.2018 from the Hon’ble High Court of Madhya
    Pradesh at Jabalpur, the Ld. CJM transferred the case file to the Special
    Court, Bhopal, as the designated Courts for trying cases involving
    MPs/MLAs had been established.

    Judgment dated 01.04.2026; In SC/06/2025; CNR no.DLCT11-001079-2025; Zila Sahkari Krishi Gramin Vikas Bank Vs.
    Smt. Savitri & Ors.; Page 5 of 95
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    3.9. The trial then proceeded before the Learned Special Judge/ASJ-21,
    Bhopal. Meanwhile, the summons against Savitri was returned with the
    report that she had expired, and the proceedings against her were declared
    abated on 19.01.2019. The remaining accused, Bharti, appeared in court
    on 19.03.2019 and was granted bail. Thereafter, on 13.11.2021, a charge
    was framed against him for the aforementioned offences, to which he
    pleaded not guilty and claimed trial.

    3.10. Subsequently, an application under Sec. 319 Cr.P.C., filed on behalf of the
    complainant as IA No. 01/2023, resulted in an order dated 17.04.2023, by
    the Learned Special Judge summoning Prajapati for offences under Sec.
    120B
    /409/420/467/468/471 of IPC. He was summoned because, in pre-
    summoning evidence, he admitted to having changed the term of FDR
    while he was serving the complainant bank during the relevant time,
    though he stated that he did it at the behest of the then manager of the
    complainant bank. Prajapati challenged that order summoning him up to
    the Supreme Court, unsuccessfully.

    3.11. It may also be mentioned here that the application under Sec. 319 Cr.P.C.,
    was also against the younger brother of Bharti, namely Rakesh Bharti. The
    Learned Predecessor Court did consider the material against Rakesh
    Bharti, but it did not find any material sufficient to proceed against Rakesh
    and therefore, qua him, the application U/s 319 of the Cr.P.C. was
    dismissed.

    CHARGE

    4. Subsequently, by order dated 15.06.2023, charges were framed afresh
    against Bharti, and were framed against the accused Prajapati.
    4.1. Both of them were charged as follows:

    a. U/s 420 IPC, alternatively U/s 420/120B of IPC;

    Judgment dated 01.04.2026; In SC/06/2025; CNR no.DLCT11-001079-2025; Zila Sahkari Krishi Gramin Vikas Bank Vs.
    Smt. Savitri & Ors.; Page 6 of 95
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    b. U/s 467 IPC, alternatively U/s 467/120B of IPC.

              c.         U/s 468 IPC, alternatively U/s 468/120B of IPC;
              d.         U/s 471 IPC, or alternatively, U/s 471/120B of IPC;
    

    4.2. Additionally, a charge under Section 409 IPC was framed against the
    accused Prajapati.

    4.3. Both the accused pleaded not guilty and claimed a trial.

    PROSECUTION’S EVIDENCE

    5. To support its case, the prosecution examined three witnesses as follows.

    6. PW1 Narender Singh Parmar was examined on 03.07.2023 and on
    further dates (after charge framed on 15.06.2023). He deposed that he
    knew both the accused Bharti and Prajapati, as well as Savitri, the mother
    of accused Bharti. He was posted as the General Manager of the
    complainant bank. He was ordered by the then Joint Registrar of
    Cooperative Societies to file a complaint. Following that order, PW1
    reviewed the records and found that in 1998, Savitri applied for a Fixed
    Deposit of Rs. 10 Lakhs in the name of Shyam Sunder Shyam Sansthan at
    Datiya branch, through her application for FD Ext. P1, bearing her
    signature. The FD tenure mentioned in Ext. P1 is three years at an annual
    interest rate of 13.5%. The amount was deposited via two vouchers Ext.
    P2 & P3, one for Rs. 8.5 Lakhs and another for Rs. 1.5 Lakhs, bearing
    signatures of the accused Prajapati (as cashier).

    6.1. At the time of opening the FD, the bank obtained specimen signatures of
    Savitri, Ext. P4. Savitri signed this specimen at three locations between
    Point A to A, and the accused Prajapati also signed at Point D to D.
    6.2. He deposed that the bank issued the FD certificate no. 000309 for Rs. 10
    Lakhs, on which fluid was applied to the words ‘three years’, and it was
    signed by the accused Prajapati at point B to B. It may be mentioned here

    Judgment dated 01.04.2026; In SC/06/2025; CNR no.DLCT11-001079-2025; Zila Sahkari Krishi Gramin Vikas Bank Vs.
    Smt. Savitri & Ors.; Page 7 of 95
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    that the document which the witness is referring to is actually the FD
    counter slip retained by the bank, which is proved as Ext. P5, bearing
    signatures of Prajapati at Point A to A, on both the front and the reverse
    side, as well as at Point B to B.
    6.3. PW1 further deposed that, from the very first year, Savitri started receiving
    interest at 13.5%, even though she was entitled to receive both interest and
    principal upon maturity after three years only.

    6.4. PW1 further deposed that at the time of the incident, Bharti was the
    chairman of the board of directors of the complainant bank. He conspired
    with the accused, Prajapati, to overwrite and forge the FD’s duration in the
    FD documents, ledger, counter slip, and receipts, changing it from three
    years to five, ten, or fifteen years. Despite declining interest rates, Savitri
    continued to receive 13.5% interest.

    6.5. PW1 further deposed that when Savitri deposited the amount on
    24.08.1998, receipts Ext. P6 & P7 for Rs. 8.5 Lakh and Rs. 1.5 Lakh were
    issued by accused Prajapati, with the duration marked as three years.
    Prajapati signed both receipts at Point D to D. However, in these receipts,
    the word ‘तीन’ (Three) was struck off, and ‘दस’ (Ten) was written at
    Point C to C, with both corrections initialled by accused Prajapati at
    Point A to A.
    6.6. PW1 also deposed that in 2012, when Savitri applied for annual interest,
    the then bank’s general manager, Subhash Yadav, reviewed the FD
    records, found irregularities, and refused payment.
    6.7. Subsequently, Savitri filed a complaint with the District Consumer Forum,
    Datiya, but it was dismissed. An appeal was then filed in the State
    Consumer Forum, where accountant Virender Gupta is shown to have
    prepared and presented a statement showing Rs. 13,60,170/- payable to
    Savitri, despite the fact that on that day, Virender Gupta was present in the
    Judgment dated 01.04.2026; In SC/06/2025; CNR no.DLCT11-001079-2025; Zila Sahkari Krishi Gramin Vikas Bank Vs.
    Smt. Savitri & Ors.; Page 8 of 95
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    bank, and he was also not authorised to present any such document in the
    said proceedings. He also deposed that although the principal amount of
    Rs. 10 Lakh was invested, Rs. 18.5 Lakh in interest was paid, and Rs.
    13,60,170/- was demanded, though the FD was for three years and only
    three years’ interest was due. PW1 further deposed that when Virender
    Gupta presented the statement, the chairman of the bank’s board was
    Rakesh Bharti, brother of Bharti. They conspired, pressured bank
    employees for undue benefit, misused their powers, and forged the FD and
    related documents. The witness exhibited his complaint as Ext. P8.
    6.8. PW1 also stated that both accused, facing trial, conspired to and caused
    wrongful financial loss to the bank by ensuring payment of 13.5% interest
    despite falling interest rates, through forgery.

    6.9. PW1 also proved an affidavit dated 15.11.2012, executed by accused
    Prajapati, as Ext. P9, with both pages signed by him at Point A to A.
    Additionally, he proved the bank’s bylaws as Ext. P10. He also proved the
    ledger for FD receipt no. 309 dated 24.08.1998 as Ext. P11 (also Article
    A1) with its certified copy as Ext. P11C.

    6.10. PW1 deposed that in this ledger, Ext. P11, in column no. 3 regarding the
    duration of the FD, ‘तीन वर्ष’ (three years) has been struck off and ‘पंद्रह
    वर्ष ‘ (fifteen years) was written by accused Prajapati, who also signed
    this correction/alteration at Point A to A.
    6.11. PW1 stated that no application for extension of duration was submitted by
    Savitri. To a specific question by the Ld. Prosecutor, the witness replied
    that it was the accused Prajapati who changed the duration of the FD on
    Ext. P11, whereas no such application for extension of duration was ever
    submitted.

    6.12. PW1 also deposed that Savitri submitted an application, Ext. P12, for
    interest payment for the period 24.08.1998 to 24.08.1999, bearing her

    Judgment dated 01.04.2026; In SC/06/2025; CNR no.DLCT11-001079-2025; Zila Sahkari Krishi Gramin Vikas Bank Vs.
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    signature at Point A to A. The application mentions a three-year FD with
    an interest rate of 13.5% and an amount of Rs. 10 Lakhs. The interest for
    that period was paid via debit voucher, Ext. P13, dated 30.08.1999. At the
    bottom of Ext. P12, there is a bank endorsement regarding the release of
    payment, and Savitri signed the Revenue Stamp, confirming receipt of the
    payment. Similarly, as evidenced by voucher Ext. P14 dated 25.08.2000,
    another Rs. 1,35,000 interest amount was paid. PW1 also proved another
    application, Ext. P15, submitted by Savitri on 28.08.2001, for interest
    from 24.08.2000 to 23.08.2001. Interest was paid as shown in the debit
    voucher Ext. P16, which Savitri signed upon receipt. (Notably, Ext. P15
    does not specify the FD duration, seemingly deliberately omitted from the
    application and the bank’s endorsement). PW1 also proved another
    application, Ext. P17, dated 28.09.2002, for interest from 24.08.2001 to
    23.08.2002. Interest was paid via debit voucher Ext. P18, received by
    Savitri under her signature on Ext. P17. In Ext. P17, the FD’s tenure is
    noted as 10 years at Point C to C, as processed and endorsed by the bank.
    Savitri’s signature appears at four places on Ext. P17, one at the top in
    token of submitting the application, and three at the bottom, including the
    signature on the Revenue Stamp confirming receipt of Rs. 1,35,000.
    Similarly, PW1 proved another undated application, Ext. P19, for interest
    from 24.08.2002 to 23.08.2003. Interest was paid as per the debit voucher
    Ext. P20, received by Savitri under her signature. Ext. P19 again states a
    ten-year FD at Point C to C, with Savitri’s signature at the top for
    submission and on the Revenue Stamp confirming receipt at the bottom.
    PW1 also proved another undated application, Ext. P21, for interest from
    24.08.2003 to 23.08.2004, with interest paid through debit voucher Ext.
    P22. The FD’s tenure on Ext. P21 is also ten years. Additionally, PW1
    proved the application Ext. P23, dated 25.09.2007, for interest from

    Judgment dated 01.04.2026; In SC/06/2025; CNR no.DLCT11-001079-2025; Zila Sahkari Krishi Gramin Vikas Bank Vs.
    Smt. Savitri & Ors.; Page 10 of 95
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    24.09.2007 to 25.09.2007, with the interest paid through voucher Ext. P24.
    The tenure on Ext. P23 is fifteen years. Furthermore, PW1 proved
    applications submitted by Savitri, signed by her, for releasing interest after
    these periods, i.e. Ext. P25, Ext. P27, Ext. P29, and Ext. P31, all
    indicating a fifteen-year FD. Payments were made through vouchers Ext.
    P26, Ext. P28, Ext. P30, and Ext. P32 for those subsequent periods.
    6.13. PW1 stated that accused Bharti, Prajapati, and Savitri conspired to extend
    the FD duration from three years to five, then to ten, and ultimately to
    fifteen years on various documents, causing loss to the bank.
    6.14. He also proved the service record of the accused Prajapati, as Article A2,
    and his posting order as Ext. P33.

    6.15. The witness further exhibited the Register containing Minutes of the 1998-
    99 Annual General Meeting as Article A3, bearing signatures of accused
    Bharti in his capacity as chairperson, appearing on pages 16, 23, 43, 50,
    and 53. He also proved the Register of bank Staff Sub-Committee
    meetings as Article A4, with signatures of Bharti on pages 128, 133, 142,
    and 148, in his official capacity.

    6.16. The witness was cross-examined by the accused persons, during which the
    defence sought to discredit him by highlighting his lack of personal
    knowledge about the facts in question, his involvement at the time of the
    deposit, and suggesting political motives. PW1 admitted that he was not
    posted at the bank in 1998 and that his testimony was based on a review
    of records only. Although the defence suggested that the witness testified
    falsely due to political animosity, claiming that his brother supported a
    political rival of Bharti, the witness denied these allegations, stating he
    was performing his official duty. The defence also questioned why there
    were no specific audit objections in the audits from 1998 to 2011, and why
    certain exhibits were not mentioned in the original complaint. They

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    challenged the authority of this witness to file the complaint without
    specific written orders from the Joint Registrar, Cooperative Societies.
    Additionally, the witness was asked about the roles and responsibilities of
    other bank employees, such as the accountant and former general
    managers, to imply that he was unfairly targeting the accused. Besides
    these points, nothing material could be brought out during cross-
    examination to impeach his credibility.

    7. PW2 Abhay Kumar Khare was posted and working as the Joint Registrar
    of Cooperative Societies, Gwalior Division, in 2014. He deposed that on
    16.07.2014, a Demi Officio letter no. 326/Bhu.V.A/01 was received from
    the Commissioner of Cooperatives, M.P., Bhopal, regarding a complaint
    made by Rajau Raja against accused Bharti, the then chairperson of the
    complainant bank. On this complaint, PW2 summoned the bank’s records
    and, upon reviewing them, sent a letter (Ext. P34) dated 05.09.2014 to the
    Commissioner of Cooperatives and Registrar of Cooperative Societies,
    M.P., Bhopal.

    7.1. He also deposed that, after reviewing the records of the complainant bank,
    it was found that Shyam Sunder Shyam Jan Sahyog Sanstha, Datiya,
    whose primary members were Smt. Savitri and Bharti, deposited Rs. 10
    lakhs as fixed deposit for three years at an annual interest rate of 13.5% on
    24.08.1998. Subsequently, the three-year period was altered to fifteen
    years through tampering with the records, maintaining the same interest
    rate, in which the accused Prajapati, the bank’s accountant, was involved.
    No application from Bharti or his mother, Savitri, was found in the bank’s
    records seeking to extend the tenure. After 1998, bank FD interest rates
    continued to decrease, and to avoid this reduction, the accused Bharti, in
    conspiracy with his mother and the accountant Prajapati, forged the three-
    year FD record, changing it to fifteen years. This resulted in a benefit for

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    Bharti and his mother and caused wrongful loss to the bank.
    7.2. PW2 also deposed that, on 10.10.2014, through a letter/notice (Ext. P35)
    issued to Savitri, Bharti, and Prajapati under Section 76 of the Madhya
    Pradesh Cooperative Societies Act, 1960 (MPCS Act), the accused were
    asked to appear before him on 31.10.2014. In response to this notice, only
    Prajapati appeared, while Savitri and Bharti never appeared.
    7.3. PW2 further deposed that, via his letter dated 27.01.2015 (Ext. P36), the
    Chief Executive Officer of the bank and the auditor were authorised under
    Section 76(2) of the MPCS Act to present the criminal case before a
    competent court for initiating prosecution against all three individuals.
    7.4. PW2 was also subjected to cross-examination by the accused, during
    which he admitted that he did not verify the existence or legal standing of
    Rajau Raja but investigated solely based on the bank’s internal records.
    The witness acknowledged that interest payments require signatures from
    both the accountant and the bank’s general manager. However, he claimed
    that he had only recommended prosecuting Prajapati, as the accountant
    had made physical alterations that the general manager presumably relied
    on for payment. The witness repeatedly denied the defence’s suggestion
    that his investigation was conducted under political pressure or because
    Bharti was a former Congress MLA.

    8. PW3 Akhilesh Shukla was the liquidator of the complainant bank when
    the bank went into liquidation. He proved the audit report for 2012-13,
    which flagged the irregular Rs. 10 Lakh FD in question. He confirmed the
    signatures on the audit report by the audit officer Vinod Sharma, with
    whose signatures he was familiar, as he had seen them in the records. He
    deposed that he was appointed as liquidator of the complainant bank in
    2017 and, as such, he received the relevant records from the bank,
    including the 2012-13 audit report conducted by Vinod Sharma. In the

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    report, an objection was raised by the auditor regarding the FD in question,
    recorded at Serial no. 82 on page 144, Article A5, stating that the tenure
    of the FD was increased from three years to fifteen years without any
    renewal application, and interest payments of Rs. 1,35,000/- were made
    annually until 2011. In August 2012, when a voucher for interest payment
    was presented again, the then General Manager Subhash Yadav raised the
    objection.

    8.1. During cross-examination by the accused, PW3 admitted that he was not
    the liquidator in 2012 and that he did not personally review the primary
    documents related to the FD but he relied solely on the audit report.

    STATEMENT OF ACCUSED & DEFENCE EVIDENCE

    9. On conclusion of the prosecution’s evidence, the incriminating evidence
    was put to both the accused facing trial.

    10. In his examination under section 313 Cr.P.C., accused Bharti primarily
    claimed either a lack of knowledge, or a direct denial of wrongdoing, or a
    defence citing political conspiracy in response to the incriminating
    evidence against him.

    10.1. He expressed a lack of knowledge regarding the application for FD by his
    mother and the related vouchers, Ext.P1 to P3, as well as payments made
    thereunder vide Ext.P13 to P32. He also claimed unawareness of the
    statement prepared by Virender Gupta or the proceedings in the Consumer
    Forum concerning the FD.

    10.2. He denied pressurising bank officials to alter any documents or to
    overwrite and modify the FD maturity period. He also denied misusing his
    power to hire and fire employees, to threaten them into committing
    forgery. He claimed that the employees were actually under the control of
    the bank’s Managing Director. He also flatly denied participating in any

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    criminal conspiracy with his mother or the co-accused.
    10.3. He claimed that the present case is entirely false and politically motivated,
    asserting that Mr. Narottam Mishra, his political rival, has orchestrated the
    case to prevent Bharti from contesting elections and to damage his public
    image. He also stated that the witnesses testified against him under
    political pressure.

    10.4. However, he admitted his signature on the register regarding Article A3,
    which pertains to the Annual General Meeting, and his signature on the
    register of the Staff Sub Committee Meetings, Article A4.

    11. On the other hand, accused Prajapati responded to the incriminating
    evidence regarding the FD irregularities as follows.
    11.1. He admitted that Savitri applied for an FD of Rs. 10 lakhs in 1998, which
    was deposited through two vouchers for three years at an annual interest
    rate of 13.5%.

    11.2. When presented with evidence that the counterfoil of the FD certificate no.

    000309 had its three-year term erased with fluid to indicate a different
    period, he denied any wrongdoing but explicitly acknowledged his
    signature on the document Ext.P5.

    11.3. He denied the allegations that he participated in overwriting the FD
    duration from 3 years to 10 years on the receipts Ext.P6 & P7.
    11.4. Regarding the payment of interest between 1999 and 2010 under various
    debit vouchers Ext.P13 to P32, accused Prajapati responded that he did
    not know or had no information about them.

    11.5. He also stated that he was unaware of the proceedings in the Consumer
    Forum or the State Commission.

    11.6. He denied that his co-accused, Bharti, pressurised the employees of the
    bank to manipulate the FD documents.

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    11.7. Regarding the affidavit Ext.P9, accused Prajapati admitted his signature
    but stated that it was not given of his own free will.

    11.8. He also expressed ignorance regarding the audit objection in Article A5
    concerning the extension of the FD to 15 years without a renewal
    application.

    11.9. He claimed that the witnesses testified against him due to political pressure
    and that some bank officials made statements to protect themselves from
    their own irregularities. He also claimed that he had no personal interest
    or benefit in the institution and that, as a Government servant, he acted
    under the instructions of the General Manager, and that the respective
    Accountants and clerks had handled the accounting and payments.

    12. Both the accused facing trial chose to present evidence in their defence.

    Whereas accused Prajapati examined himself only as DW3, accused
    Bharti, besides examining himself as DW4, also examined two witnesses,
    DW1 & DW2.

    13. DW1 Shailendra Narayan Budholia testified as a witness for the accused
    Bharti. He stated that he served as a clerk at the complainant bank from
    1986 to 2018 and that the bank faced a weak financial position in 1998. To
    address this, the State Government issued a circular Ext. DW1/A directing
    bank to generate funds by inviting FDs. Under this scheme, all bank
    employees were assigned monthly targets based on their rank to secure
    these deposits. To meet the targets, the witness approached several
    financially well off individuals, including the family of the accused,
    Bharti. He requested Vipin Bihari (brother of the accused Bharti) and
    Savitri to deposit money. Consequently, Savitri deposited Rs. 10 lakhs in
    the bank for a 15-year term. The witness claimed that although this deposit
    resulted from his personal efforts, the credit for the target was taken away
    by the Bank Manager.

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    13.1. During cross-examination by the prosecution, the credibility of DW1 was
    challenged regarding his connections to the accused Bharti. The witness
    admitted living about half a kilometer from the house of Bharti and
    attending the same college. While he claimed limited memory of Bharti’s
    tenure as bank Chairman, he acknowledged that Bharti is a prominent
    political figure. The prosecution presented evidence of the witness’s
    involvement with a family run trust, namely, Shyam Sunder Shyam Jan
    Sahyog Evam Samudaik Vikas Sanstha, showing his name and
    photographs in their magazine, ‘Gyan Jyoti’. The witness admitted to
    attending their programs and contributing poetry, though he denied being
    an organiser of it.

    13.2. In cross-examination, he admitted that he only heard about Savitri’s FD
    through discussions in the bank. Therefore, the claim that Savitri had put
    the FD amount for 15 years is hearsay. He admitted he brought no
    documentary proof to support the claim that employees were given targets
    for securing FDs. He provided no evidence for his specific involvement in
    securing Savitri’s FD.

    13.3. Despite these admissions and his documented links to the Bharti’s family
    trust, he denied the suggestion that he falsely testified to favour the
    accused. However, his significantly shifting stance during his testimony,
    moving from initial claims of professional distance from the accused
    Bharti to admitting deep seated personal and organisational ties when
    confronted with documentary evidence, makes him unreliable.
    13.4. Budholia’s most notable shift concerned his relationship with the trust
    named after Bharti’s father. He initially claimed he did not know if the
    accused or his family ran this Sanstha. He further asserted that while he
    attended some of their programs, he did so mostly as an audience member
    and did not know who organised them or if Bharti was even present. When

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    shown the Sanstha’s magazine, Gyan Jyoti, he had to admit that his own
    name, photo, and mobile number were featured in it. He then
    admitted that the magazine clearly identified Bharti as a
    Trustee/Vidhayak and his mother, Savitri, as the Chairperson. After
    being shown the magazines, he finally conceded that he might have
    done some work related to organising the Sanstha’s programs. The
    witness initially claimed not to know if the Bharti family ran the Sanstha.
    However, the 2019 edition of Gyan Jyoti, Ext.DW1/P-1 contains his name,
    mobile number, and photograph. Budholia stated he did not know where
    his poetry/articles were published. The magazine includes an article
    appearing alongside his photo and name, though he denied writing the
    specific piece during cross-examination.

    13.5. Thus the witness has been involved with the trust run by the Bharti’s
    family. His involvement included attending programs organised by the
    Sanstha as an audience member, speaking at events regarding his literary
    work/poetry when requested, and assisting in organising programs. He had
    his photograph, name, and mobile number published in Gyan Jyoti, a
    magazine produced by the Sanstha that also featured numerous photos of
    Bharti. Despite these connections, the witness denied being a close
    associate of Bharti and rejected the suggestion that he was deposing falsely
    in Bharti’s favour because of their relationship. The witness initially
    claimed he did not see Bharti at the Sanstha’s programs. The magazine
    directly challenges this, featuring multiple photographs, Points X-1 to X-
    18, of Bharti at these events and listing him as a Trustee alongside his
    mother, Savitri, who was the Chairperson.

    13.6. Both the witness and Bharti studied at the same college. Additionally, they
    are both residents of Datia, with their homes located approximately half a
    kilometer apart, although they reside in different mohallas.

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    13.7. In his initial testimony, Budholia claimed that he personally approached
    Vipin Bihari and Savitri to solicit an FD to meet targets. However, during
    cross-examination, he changed his narrative by volunteering that the Bank
    Manager had actually accompanied him to the house.

    13.8. The witness therefore is untrustworthy.

    14. DW2 Deepak Belpatri, a practicing lawyer and former BJP worker from
    1992 to 2023, also testified as a witness for the accused Bharti.
    14.1. He detailed his previous role as the ‘Nagar Mahamantri’ for the BJP in
    Datiya and his close relationship with Narottam Mishra, a BJP leader, by
    presenting photographs Ext.DW2/A1 to A4 showing himself with Mishra
    and other political associates. DW2 also claimed an alleged conspiracy to
    frame Bharti. He stated that after an election petition filed by Bharti
    against Mishra in 2009, as to “paid news” allegations matter, Mishra
    sought to retaliate by lodging false cases against Bharti.
    14.2. DW2 testified that in 2012 he personally saw Mishra instructing Parmar
    (the complainant’s Manager who signed and filed the complaint) to
    implicate Bharti in a criminal matter. As an incentive, Mishra allegedly
    promised Parmar, then a clerk, a Bank Manager position in Datiya.
    According to DW2, the present case was initiated by Parmar following this
    direction. DW2 also alleged that Mishra systematically harassed political
    workers and individuals by orchestrating the filing of 100-400 cases. He
    identified Ravender Singh alias Ginni Raja and Rajau Raja as the main
    agents, claiming Rajau Raja filed a complaint with the local Economic
    Offences Wing (EOW) against Bharti at Mishra’s behest. He also accused
    Mishra of influencing the suspension of DW2’s membership from the
    Datiya Bar Association, alleging that although DW2 defied a lawyers’
    strike at Mishra’s behest, Mishra later abandoned him.
    14.3. During cross-examination by the Prosecutor, DW2 admitted supporting

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    Bharti because he currently aligns with the Congress party. The
    prosecution highlighted DW2’s criminal record, which includes three
    cases of electricity theft and fighting, with one resulting in a conviction.
    DW2 defended his record, claiming these FIRs were falsely filed at
    Mishra’s behest to pressurise him. Concerning photographs of his past
    association with Mishra, the metadata indicated they were screenshots
    from older videos or images, not original photographs. Cross-examination
    revealed that the “original” photos he showed were actually screenshots of
    screenshots or screenshots taken from a running video. The metadata of
    these images showed dates in 2026 and 2021, complicating the timeline of
    when the original images were supposedly captured, some as early as
    2009.

    14.4. DW2’s admission as a supporter of Bharti suggests his testimony is
    influenced by current partisan interests. His account reflects personal
    and professional grievances that could motivate false evidence. His
    silence on the alleged high level conspiracy in 2012 to implicate Bharti,
    despite being a lawyer, and his failure to report it to authorities for over a
    decade raises significant suspicion. His testimony appears to be driven by
    a desire to assist the accused. The account includes personal and
    professional grievances that point to a motive for fabrication. His
    admission that he unsuccessfully lobbied Mishra for certain posts (Notary,
    Govt. Advocate) indicates that he is a rejected seeker. Furthermore, he
    explicitly cited a “caste factor” for his resentment, noting that, as a fellow
    Brahmin, Mishra failed to assist him during his BAR Association
    suspension and viewing this lack of support as a personal betrayal. The
    witness shifted to the same political party as the accused recently, and he
    is now a karyakarta for that party. He holds significant personal grievances
    against Mishra, the political rival of the accused. He explicitly blames

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    Mishra for revoking his law license and claims Mishra refused to help him
    regain it despite his years of service. As a current member of the Congress
    party, Belpatri shares a political affiliation with the accused and a mutual
    adversary in Mishra. The witness also has a criminal record. He admitted
    that three cases are currently lodged against him involving the electricity
    department and a physical altercation. He stated that his professional
    license was previously cancelled by the Bar Council of Madhya Pradesh
    but was later reinstated. He appears to be an interested witness aimed at
    helping the accused Bharti.

    14.5. It may not, therefore, be safe to rely on this witness too.

    15. DW3 is the accused himself, namely Raghuvir Sharan Prajapati. He
    deposed that he joined the complainant bank as an LDC in March 1986,
    serving until the bank’s liquidation, after which he was absorbed into
    another bank and retired on 31.07.2025. In May 1998, he was assigned the
    role of cashier at the Head Office Branch in Datiya, where his duties
    included receiving cash and preparing vouchers, fixed deposit receipts
    (FDRs), and account entries, though he was not authorised to sign or issue
    the FDRs himself. He explained that under a 1998 circular Ext.DW1/A,
    following the Bhandari Committee’s recommendations, Zila banks acted
    as agents for the Rajya Bank to collect fixed deposits from the public
    because Rajya banks lacked direct public contact to borrow funds.
    15.1. Regarding the transaction in question, he stated that on 24.08.1998, an
    application for a fixed deposit of ₹10 lakhs was received from Savitri on
    behalf of the Trust, through a third person. The Manager, Vijay Shankar
    Soni, had informed him by phone that someone would be arriving with the
    cash and documents. Initially, ₹8.5 lakhs was deposited, followed by
    another ₹1.5 lakhs later that same day. He prepared separate cash deposit
    receipts (Ext.P6 & P7) but handed them over together once the full amount

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    was received. He filled out the details on the cash receipt and vouchers
    based on the application Ext. P1 and the specimen signature proforma Ext.
    P4 provided.

    15.2. Prajapati explained the tenure changes on these documents stating they
    occurred in two phases.

    First, the tenure was changed from three years to ten years. This
    happened because the Accountant noticed that, as per the circular, a three-
    year deposit could not earn the initially requested 13.5% interest rate,
    Consequently, the Manager discussed the matter with the depositor, who
    agreed to a longer duration for a higher interest rate. Under the Manager’s
    oral direction, he corrected the tenure to ten years and signed the receipts.

    Second, two days later, the depositor applied to increase the tenure
    to 15 years. The General Manager instructed him to move an office note
    for this permission, which was signed and approved by both the
    Accountant (Ram Bilas Upadhyay) and the General Manager. Following
    this approval, Prajapati amended the tenure to 15 years in the FD account
    register, the receipt, and the counterfoil. He claimed that the Accountant
    and General Manager also signed the FDR to authenticate the correction.
    15.3. Prajapati alleged that the bank has deliberately failed to produce the
    relevant circular, the depositor’s application for the 15-year tenure, and the
    approved note sheet during the trial.

    15.4. He also testified about his history of suspensions, claiming his first
    suspension in 2012 was revoked only after he was coerced into signing a
    pre-prepared affidavit (Ext.P9) at the residence of the Nominated
    Chairman, Pramod Kumar Pujari, without being allowed to read it. He
    stated that following a second suspension in 2015, he was exonerated in
    a departmental inquiry conducted by Parmar, which allowed for his
    subsequent absorption into another bank.

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    15.5. During cross-examination, he admitted he had known co-accused Bharti
    since 1986 but denied receiving any illegal promotions or favors due to
    this acquaintance.

    15.6. The prosecution highlighted that his earlier statements, under sections 200
    and 202 of the Cr.P.C. and in his SLP, omitted details about a “third person”

    bringing the FD application. In response, Prajapati volunteered in his
    cross-examination that, per the General Manager’s instructions, he had
    actually visited Savitri Devi’s house two days prior to the deposit to
    obtain her signatures because she could not walk, leaving the forms with
    her to be sent later with the cash.

    15.7. Prajapati denied all allegations of forgery and conspiracy with Bharti to
    enable illegal interest withdrawals. While he admitted to initialling
    corrections on the counter slip (Ext.P5), he denied applying the
    correctional fluid found on it.

    15.8. He further stated that he had no role in releasing interest payments, which
    were authorised by the Accountant and General Manager between 1999
    and 2013, and noted that no auditor had ever raised objections to the tenure
    corrections during that period. Finally, he claimed his Section 313
    statement was recorded by a court reader in the absence of the Presiding
    Officer, which deprived him of a proper opportunity to explain the
    circumstances. But then he never challenged that also in higher courts.
    15.9. By his own admission, he is the person who physically made the
    alterations on the receipts, registers, and the FDR, though he
    maintains he did so under orders from superiors.

    15.10. The witness, Prajapati, is unreliable due to significant omissions,
    belatedly provided information, and a lack of supporting documentary
    evidence. Many key details from his testimony are absent from earlier
    legal records, including his 2016 police statement, his statement under

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    Section 200 Cr.P.C. when he appeared in pre-summoning evidence, his
    2023 reply to 319 Cr.P.C., and his SLP to the Supreme Court etc. These
    missing details include the claim that a third person submitted the
    application, specimen signatures, and cash on behalf of Savitri, as well as
    the assertion that the Bank Manager telephonically informed him
    beforehand about the deposit. He also explained that the tenure change
    from 3 to 10 years was an oral instruction from the Manager. During cross-
    examination, he volunteered a new account of visiting Savitri’s house two
    days before the deposit to obtain her signatures. The prosecution argued
    that this was a newly fabricated detail that he had not mentioned even in
    his own examination in chief just days earlier. Prajapati makes several
    important claims for which he has no documentary proof. He asserts that
    a note sheet authorised the tenure change to 15 years, but the bank states
    this document does not exist. He claims to have been exonerated in a
    second departmental inquiry by Parmar, but admits he does not possess the
    inquiry report or any proof of this exoneration. Prajapati also stated that
    the affidavit Ext.P9 was signed under force and coercion at the Chairman’s
    residence to avoid further action on the FDR corrections. However, the
    prosecution pointed out that he never challenged the affidavit’s validity in
    any court or mentioned the alleged coercion in previous statements. The
    prosecution further suggested that Prajapati is a close associate of co-
    accused Bharti and received illegitimate favours and promotions, rising
    from LDC to Senior Branch Manager, due to this relationship. This
    indicates a possible motive for Prajapati to tailor his testimony to protect
    himself and Bharti.

    15.11. Regarding the affidavit Ext.P9, it is important to note that Prajapati
    claimed that after being suspended on 30.10.2012, he was taken by the
    then Manager, Mr. Yadav, to the residence of nominated Chairman Pramod

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    Kumar Pujari, where he was told that his suspension would be revoked
    and no further action would be taken if he signed the already prepared
    affidavit. He was threatened that if he did not sign it, legal action would
    be taken against him for the corrections he made to the FDR in question.
    Thus, the accused witness stated that this signature was obtained on the
    affidavit under force and pressure without even being allowed to read the
    contents of the document. This defence of accused shall also be dealt with
    hereinafter.

    16. DW4 Rajendra Bharti, in his defence, tried to establish a narrative of a
    long standing political rivalry and his alleged victimisation by Narottam
    Mishra. He claimed that his family has a long political legacy and that he
    himself was an MLA. The conflict with Narottam Mishra intensified in
    2008 when Mishra, a BJP member, shifted his constituency to Datia.
    Thereafter, Mishra was accused of violating the code of conduct, including
    distributing cash and liquor to voters. Bharti filed a petition seeking the
    disqualification of Mishra in 2017 for ‘paid news’ and excessive spending,
    which is currently pending before the Supreme Court. Allegedly Mishra
    also concealed ownership of a premium car in his nomination papers.
    Mishra was also accused of involvement in a 300-crore water resources
    scam through his personal assistants, as well as in the Vyapam scam during
    his tenure as Health Minister in the Government of Madhya Pradesh.
    Allegedly, Mishra used threats and intimidation for political purposes,
    leading to several cases against various individuals, totalling around 250
    cases, including against Bharti and his family.

    16.1. The present complaint case is claimed to be politically motivated,
    allegedly orchestrated by Mishra through influencing the transfer of
    Parmar to the bank specifically to file the complaint against Bharti and his
    mother. He claimed that even though the bank was liquidated in 2016 and

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    only the official liquidator was legally entitled to pursue the matter, Parmar
    continues to pursue it in his personal capacity with Mishra’s support.
    16.2. In his cross-examination, Bharti however admitted that as of the date of
    his testimony, there were no specific court findings confirming Mishra’s
    direct role in the scams or the registration of false cases, or misuse of
    position by Mishra in lodging false cases against political opponents and
    others, though he attributed that the cases were still pending in various
    courts. Bharti even denied being a Trustee of the above mentioned Trust
    and maintained that he had no knowledge of the FDR in question. Even
    when he was presented with documents suggesting otherwise, Bharti
    maintained that he has no knowledge of being a Trustee of the above
    named Trust. While he admitted to attending the functions of the
    Trust, he claimed that he did so only as a public figure and not as a
    family member running the organisation or as a Trustee.
    16.3. To a large number of questions asked by the Ld. Prosecutor, Bharti
    expressed ignorance and memory lapses. He gave evasive answers during
    cross-examination to various such questions by frequently claiming that
    he could not remember the specific durations of his official roles including
    his tenures as Chairperson of the bank and Vice President of the Apex
    Bank. The prosecution claims that these were evasive answers intending
    to conceal the influence exerted by the accused Bharti for the offences in
    question and during the alleged period. His vague recollections of his own
    administrative history and family trust dealings appear to be more of self
    serving nature. He also admitted that he had no documentary proof that
    Narottam Mishra directly orchestrated the appointment of Pramod Pujari
    or the transfer of the complainant Parmar.

    CONTENTIONS OF BOTH SIDES

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    17. Final arguments as advanced by Mr. Manish Rawat, Ld. Prosecutor for the
    State, Ld. Senior Advocate Mr. Madhav Khurana for Bharti, and Sh. H. K.
    Shekhar for Prajapati, were heard. Written submissions filed by the Ld.
    Prosecutor and the two accused have also been perused.

    18. The Prosecution argues that the case originates from an administrative
    order issued by the Commissioner of the Cooperative Department in MP
    to PW2, the then Joint Registrar. This directive was prompted by a
    complaint from Rajau Raja made to the police which forwarded the
    complaint to the department. And after investigating the alleged
    illegalities, bank officials were instructed to file the complaint. The
    prosecution states that the FD application Ext.P1 and the specimen
    signature Ext.P4 show the original tenure of three years. However, the FD
    receipt Nos. 6153 and 6152 Ext.P6 & P7 were forged to reflect a ten-year
    period instead of three, and the ledger entry Ext.P11C was altered to
    indicate a 15-year tenure, all to unlawfully benefit the family trust of
    accused Bharti. Prajapati, in conspiracy with accused Bharti and the
    deceased accused, committed forgery. It is also asserted that no application
    for an extension had been received by the bank, and that the changes were
    fraudulent rather than administrative errors, since the interest rate
    decreased significantly, yet a higher interest rate was continued to be
    collected until 2011. The ld. Prosecutor claims that admitted facts and
    unchallenged evidence in cross-examination need not be proven, as they
    are to be accepted as proved. Both accused failed to cross-examine key
    prosecution witnesses on crucial points, which according to him
    constitutes an admission of those facts.

    18.1. He further states that Prajapati admitted during his testimony as DW3, and
    in his statement under section 313 Cr.P.C., that he changed the FD tenure
    under his signature or initials. Prajapati also admitted tampering in his

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    reply, Ext.DW3/P4 in response to the bank’s show cause notice.
    Additionally, he concedes that Bharti’s signatures on the bank documents,
    Articles A3 & A4, are genuine. The argument continues that this fraud was
    not an isolated incident. Even after 2011, Bharti illicitly extracted funds
    from the bank through his brother, Rakesh Bharti, as supported by the
    show cause notice and reply from Virender Kumar Gupta.
    18.2. The prosecution asserts a quid pro quo relationship between Bharti, the
    Chairman, and Prajapati, the Accountant, whereby Prajapati forged
    documents benefiting Bharti’s family trust in exchange for out of turn
    promotions from clerk to Senior Branch Manager, promotions which were
    challenged by Anand Prakash Pathak for irregularity.
    18.3. It is also argued that Bharti’s claim of innocence and neutrality is
    contradicted by Ext.DW1/P3 and various photographs indicating he was a
    Trustee and active supervisor of the beneficiary organization.
    18.4. Relying on Prajapati’s affidavit Ext.P9, it is claimed that this voluntary
    declaration definitively implicates the accused Bharti, as Prajapati
    admitted the tampering was done under Bharti’s pressure. Prajapati’s later
    claim of coercion by Parmar is termed impossible, as Parmar was not
    posted at that branch when the affidavit was executed and notarized. It is
    argued that Prajapati, an experienced professional, could not reasonably
    claim coercion, especially since he benefited from the affidavit by getting
    his suspension revoked.

    18.5. Furthermore, it is argued that Bharti’s denial during his section 313
    statement regarding his role as the bank’s Chairman, despite his signatures
    on Articles A3 & A4, should be viewed unfavorably.

    18.6. Regarding Section 197 Cr.P.C., the prosecution contends that the plea was
    only raised on 31.01.2025, and that forgery and cheating can never be part
    of a public servant’s official duties.

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    18.7. The claim of political vindictiveness involving Mishra is argued as
    unsubstantiated, as the defence failed to produce any evidence of political
    interference.

    18.8. As for the note sheet purportedly prepared at the bank concerning the FD
    tenure correction, as claimed by Prajapati, it is argued that, since no such
    document exists, the burden was on the accused to prove its existence,
    which Prajapati failed.

    18.9. In conclusion, the prosecution asserts that the evidence has proved its case
    beyond a reasonable doubt against both accused.

    18.10. The ld. Prosecutor cites following case law to support the case.

    1. Sarwan Singh Vs. State of Punjab (2003) 1 SCC 240;

    2. Mahavir Singh Vs. State of Haryana (2014) 6 SCC 716;

    3. Kehar Singh & Ors. Vs. The State (Delhi Administration) (1988) 3 SCC 609;

    4. Shivnarayan Laxminaryan Joshi & Ors. Vs. The State of Maharashtra (1980) 2 SCC
    465;

    5. R.K. Dalmia Vs. Delhi Administration 1962 SCC OnLine SC 83;

    6. Sanatan Naskar and Anr. Vs. State of West Bengal (2010) 8 SCC 249;

    7. Manohar Nath Kaul Vs. State of J&K (1983) 3 SCC 429;

    8. Balvir Singh Vs. State of Uttarakhand (2023) 16 SCC 575;

    9. Pappu Tiwary Vs. State of Jharkhand (2022) 17 SCC 664;

    10. State of Maharashtra and Anr. Vs. Sayyed Hasan Sayyed Subhan and Ors. (2019)
    18 SCC 145;

    11. State of UP Vs. Rekha Rani (2011) 11 SCC 441 and:

    12. P. Singaravalan and Ors. Vs. District Collector (2020) 3 SCC 133.

    18.11. Ld. Prosecutor relies on the cases of Sarvan Singh (Supra) and Mahavir
    Singh
    (Supra) on the point that when a witness is not cross-examined on
    a particular issue, such fact is deemed to be admitted.
    He also refers to
    Kehar Singh (Supra) regarding the fact that a conspiracy is hatched in se-
    crecy, making it difficult to produce direct evidence, and the prosecution
    often relies on evidence of acts by various parties to infer that these were
    done in accordance with their common intention, and the circumstantial
    evidence is frequently used. He cites Shiv Narayan Laxmi Narayan (Su-
    pra) to state that entrustment or dominion over property is sufficient to

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    establish misappropriation, and that, since it’s difficult to produce direct
    evidence of conspiracy, it can be proved through circumstantial evidence.
    He also references R. K. Dalmia (Supra) to establish Bharti’ s liability,
    asserting that Bharti had dominion over the bank’ s property, which was
    misappropriated, constituting a breach of trust.
    He further mentions San-
    atan Naskar (Supra), emphasising that answers given by the accused un-
    der section 313 Cr.P.C. are relevant for finding the truth and assessing the
    prosecution’ s case. If an accused’ s answer is false, the court can draw
    adverse inferences and pass appropriate orders.
    Moreover, he refers to Ma-
    nohar Nath Kaul (Supra) to highlight that cheating cannot be part of a
    public servant’ s official duties.
    He also points to Balbir Singh (Supra),
    arguing that Prajapati failed to prove the existence of the note sheet and
    application for extension of FD tenure, which were his claims.
    The case
    of Pappu Tiwari (Supra) is cited to underscore that the standard requiring
    the prosecution’ s case to be ‘beyond doubt’ does not mean the court
    should nitpick or seek reasons for acquittal.
    The case of Sayyed (Supra) is
    relied upon to affirm that there is no legal barrier to trying an offender
    under two different laws where the act or omission constitutes an offence
    under both. The only restriction is that the accused cannot be punished
    twice for the same offence.
    Lastly, Rekha Rani (Supra) and P Singara
    Velan
    (Supra) are cited to clarify that when a decision is not on its merits,
    it cannot be regarded as res judicata or as a precedent.

    19. On the other hand, the arguments presented by the two accused share
    some common points and some that are specific to each accused.

    20. The common arguments are that there is a bar u/s 197 Cr.P.C., as the
    alleged act, if at all committed, was by public servants in discharge of their

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    duties. Therefore, in the absence of a sanction u/s 197 Cr.P.C., the case
    could not have been instituted.

    20.1. It is also argued that both accused are ‘public servants’ as defined in the
    MPCS Act, and at most, proceedings against them could have been
    conducted under Section 74 & 75 of that Act, not under the IPC. It is
    further claimed that a sanction is required u/s 87 of the Act, and the order
    dated 05.09.2014 by the Joint Registrar was only a recommendation to
    proceed u/s 76(2) of the MPCS Act, therefore prosecution under IPC could
    not have been launched.

    20.2. It is also argued that Mr. Parmar was neither authorised by the bank nor
    by the Joint Registrar of Societies to file such a complaint, nor was he
    competent to do so. He failed to produce any specific written order
    authorising him to act on behalf of the bank, especially after the bank’s
    liquidation in 2016, and allegedly he lacked the legal authority to file the
    complaint.

    20.3. It is further argued that once the bank went into liquidation in 2022,
    proceedings in the present trial could not have been continued by Parmar.
    Only the liquidator under the MPCS Act could have carried on with the
    trial, as Parmar was relieved from his post on 29.07.2017. Yet, Parmar
    continued with the trial despite admitting during his cross-examination
    that he was inimical towards Bharti, thereby indicating political motives,
    as claimed by Bharti.

    20.4. It is also argued that once the bank provided a written document in the
    Consumer Forum proceedings admitting liability, which was challenged
    by the bank at the National Commission and the Supreme Court, but lost,
    similar allegations cannot support a criminal prosecution. It is claimed
    that, since the dispute over FD interest and tenure was already litigated in
    Consumer Forums, and the settlement upheld by the National

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    Commission, and Supreme Court, the criminal case cannot re litigate those
    facts; thus, the principle of res judicata applies.

    20.5. Additionally, it is argued that the prosecution erroneously relied on the
    circular dated 02.03.1998, which was meant for double/recurring deposits
    only, instead, a circular issued in January 1998 explicitly governed the
    fixed deposits, allowing a 13.5% interest rate for terms exceeding three
    years, rendering the interest payments lawful.

    20.6. It is also contended that the bank records were annually audited from 1999
    to 2011, with no objections raised by auditors or subsequent General
    Managers regarding tenure corrections or interest payments.

    21. Besides the above mentioned common arguments, it is specifically argued
    by Bharti that he is not the maker of forged documents and when he is not
    author, signatory or keeper of the forged ledger entries or receipts, he
    cannot be charged with forgery u/s 467/468 or 471 of IPC, merely because
    he was Chairman.

    21.1. As to conspiracy he argues that the charge of conspiracy was belatedly
    introduced only in 2023 i.e. after 8 years of the initial complaint and after
    two years of the first order on charge.

    21.2. He claims that the prosecution is politically motivated, orchestrated by his
    opponents, and he argues that even the complainant PW1 admitted to
    having poor relations with him.

    21.3. He also claims that, admittedly, the interest was received by Smt. Savitri
    or the Trust and not by him, therefore, there is no wrongful gain to him,
    particularly in the absence of the trust made an accused.
    21.4. In support of its case Bharti relies on the following cases.

    1. R.K. Vijayasarthy Vs. Sudha Setharam (2019) 16 SCC 739;

    2. Mohd. Ibrahim & Anr. Vs. State of Bihar & Anr. (2009) 8 SCC 751;

    3. Sheila Sebastina Vs. R. Jawaharaj (2019) 7 SCC 581;

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    33

    4. SC Garg Vs. State of UP 2025 SCC OnLine SC 791;

    5. A. Srinivasulu Vs. State (2023) 13 SCC 705;

    6. Samrat Shipping Co. Pvt. Ltd. Vs. Dolly George (2002) 9 SCC 455;

    7. TRL Krosaki Refractories Ltd. Vs. SMS Asia Pvt. Ltd. (2022) 7 SCC 612;

    8. Naresh Potteries Vs. Aarti Industries (2025) SCC OnLine SC 18;

    9. State of Punjab Vs. Davinder Pal Singh Bhullar and Ors. (2011) 14 SCC 770;

    10. State of Maharashtra & Ors. Vs. Brijlal Sadasukh Modani (2016) 4 SCC 417
    and;

    11. State of Madhya Pradesh Vs. Rameshwar & Ors. (2009) 11 SCC 424.

    22. On the other hand, accused Prajapati maintains that the changes to the
    FDR tenures were not forgeries but were mere bonafide corrections made
    on the oral and written instructions of his superiors, including the then GM
    & Accountant.

    22.1. The affidavit Ext.P9 was signed by him in 2012 under duress and under
    threat of action by the nominated Chairman at that time.
    22.2. He also argues that the bank suppressed evidence in the form of the note
    sheet which was prepared authorising the extension of tenure, and despite
    those documents available with the bank and in the bank’s dominion, they
    have been deliberately suppressed.

    22.3. He argues that no financial gain or personal advantage was received by
    him for correcting the documents.

    22.4. He also argues that he was not originally made accused in the complaint
    filed in 2015 and was only added in 2023 through resort to Section 319
    Cr.PC, i.e. 25 years after the incident.

    22.5. Prajapati relies on the case of G.C. Manjunath and Ors. Vs. Seetaram 2025
    INSC 439, to claim protection u/s 197 Cr.PC.

    DISCUSSION AND FINDINGS

    23. Certain admitted or undisputed facts in this case are;
    23.1. That the application Ext.P1 was submitted to the bank, signed by Savitri,
    in the name of the trust, for a 3-year tenure FD at an interest rate of 13.5%,

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    on 24.08.1998.

    23.2. It is undisputed that Savitri submitted the FD application in her capacity
    as President of the Trust and signed the application.

    23.3. The tenure of the FD was later changed to 10 years on some documents
    and to 15 years on others, as proved and admitted also.

    23.4. These changes were made under the initials or signatures of Prajapati, who
    was working in the bank at the relevant time, as admitted by Prajapati
    when he examined himself as DW3, when he appeared as a witness in pre-
    summoning evidence, and also in his statement under section 313 Cr.P.C.
    23.5. There is no denial that, from Ext.P12 to P32, interest at 13.5% was
    withdrawn annually from 1999 to 2011. These facts are uncontested and
    have not been challenged by the defence.

    23.6. It is also proven from the documents that the interest rates were
    substantially lower from 2000 onwards, as Prajapati, when examined as
    DW3, produced a document marked DW3-X7, which, although not
    exhibited being a photocopy, can be read against the accused who relied
    on it, and it was never challenged by the prosecution also. Additionally,
    Ext.P36 shows that the interest rate was less than 10% from 2001 to 2011,
    a fact that also remained unchallenged.

    23.7. It is also an admitted fact that Bharti served as Chairperson of the Board
    of Directors of the bank periodically and was also Vice President of the
    Rajya Sahkari Krishi Grahmin Vikas Bank, the apex bank, during the
    relevant time. Furthermore, his brother, Rakesh Bharti, was Chairman of
    the bank, as admitted by Bharti when he testified as DW4 and by Prajapati
    as DW3. DW3 admitted that Bharti remained Chairperson until 2007 or
    2008, after which Rakesh Bharti assumed the role.

    23.8. Moreover, Articles A3 & A4, which are minutes’ books containing the
    admitted signatures of Bharti on various pages, prove that he was the

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    Chairman of the complainant bank in 1998 and at other times. These
    articles were also never challenged.

    23.9. The reply Ext.DW3/P4, given by Prajapati pursuant to a show cause notice
    dated 19.09.2012 issued by the bank, is also admitted by Prajapati, which
    bears his signature at point A.
    23.10. The signature on the affidavit dated 05.11.2012 Ext.P9 is also admitted by
    Prajapati, although he claimed to have signed it under coercion, which is
    addressed later in this judgment.

    EVALUATION AND APPRECIATION OF EVIDENCE

    24. The prosecution, through PW1 Parmar and PW2 Abhay Kumar, provided
    clear evidence of physical tampering with the FDR documents.

    25. PW1 testified that Ext.P5, P6, P7 and P11 show signs of forgery.

    26. He stated that correction fluid was applied to Ext.P5, which is the counter
    slip of FD no. 000309 dated 24.08.1998. This is evident from the image of
    Ext.P5, which is follows.

                                            (Image of Ext.P5, both sides)
                                      (Front side)                 (Reverse side)
    
    
    
    
    

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    26.1. On this counter slip, the word ‘तीन’ (three) had correction fluid applied,
    indicating that those letters were partially erased. Near the fluid, at point
    B to B, the admitted initials of Prajapati are present, indicating he
    applied the fluid. Otherwise, there was no reason for him to have signed
    at that place. Although he sought to present a case that he was not the one
    who applied the correction fluid, he did not even explain why, if he was
    not the one who applied that fluid, he appended his signature at point B
    near the fluid applied. It establishes beyond doubt that it was the accused
    Prajapati who applied that fluid. No new tenure is written on this
    document. Only the word ‘तीन’ (three) was partially erased.
    26.2. Prajapati admitted his signatures at points B to B near the alleged
    correction. His signatures at points A to A on both the front and back sides
    of the counter slip are also present and admitted.

    26.3. The fact that the FD was initially created for three years, as per the
    admitted version of the accused, coupled with the absence of a new tenure
    on Ext.P5 and the fact that only the tenure was attempted to be erased,
    clearly suggests an attempt to defraud the bank by continuously claiming
    interest at a higher rate annually.

    26.4. Perusal of Ext.P5 also reveals that it contains the maturity date as
    24.08.2008 (on top right). When the FD was made, admittedly, for three
    years from 24.08.1998, the maturity date should have been 24.08.2001 and
    not 2008. It is apparent that even the date of maturity was also forged and
    changed from 2001 to 2008 on Ext.P5 at a later date. However, no question
    was put to the accused either during his examination as DW3 or even by
    PW1 in his examination in chief as to the change of this particular date on
    Ext.P5.

    27. The other two documents containing change of tenure are Ext.P6 & P7.
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    Their images are as follows.

    (Image of Ext. P6, and enlarged image of its relevant portion)

    (Image of Ext. P7 and enlarged image of its relevant portion)

    27.1. A bare perusal of those images show that the initial 3-year tenure on both
    those receipts was changed to 10 years, by changing the term. On Ext.P6

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    the term ‘तीन’ (three) has been changed to ‘दस’ (ten). On Ext.P7 the term
    ‘तीन वर्ष’ (three years) has been changed to ‘दस वर्ष’ (ten years).
    27.2. Prajapati admits his signatures/ initials adjacent to the forgery at
    point A to A on both those documents. These two documents show
    clear overwriting where the tenure has been changed from 3 to 10
    years.

    28. The next document containing forgery is Ext.P11 with its copy as
    Ext.P11C, forming part of Register Article A1. Pictorial image of even
    this ledger entry on page no.252 containing the entry of the FD in question
    is also important to be reproduced. Its image is as follows.

    (Image of Ext. P11 and an enlarged image of its relevant portion)

    28.1. A bare review of this document reveals that the tenure has been changed
    from 3 years (Point B to B) to 15 years (Point C to C). The words ‘तीन वर्ष’
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    (three years) have been changed to ‘पंद्रह वर्ष’ (fifteen years). This
    alteration was also admittedly made by Prajapati, who signed it at
    point A to A.
    28.2. Just below the FD’s tenure, there is a duration written in the date, month,
    and year format, which reads “24.8.98 to 24.8.08” on Ext. P11. The
    duration of the FD, written in words, differs from the numerical one
    in date, month, and year notation. The numerical duration is 10 years,
    whereas the duration written in words is 15 years. This too clearly
    suggests forgery.

    28.3. If it had been a genuine correction requested by the FD holder, as claimed
    by accused Prajapati, both the tenures should have matched. Instead, it
    indicates that not only has there been forgery in the written tenure in
    alphabets, but also the numerical year has been altered from ’01’ to ’08’,
    creating a discrepancy of five years between the two versions. It is so
    because there is no application for extension of the tenure from initial
    three-year period, or cogent proof that the tenure was corrected bonafidely.

    29. The fact that the duration has been changed differently in various
    documents, i.e., Ext.P5, P6, P7 & P11, indicates that it was done nothing
    but dishonestly and fraudulently. If it were a genuine correction, as sought
    to be presented, at least it would have been either ten years or fifteen years
    and not different in different documents, that too a difference in alphabets
    and notations.

    30. Compared to these documents, the application filed by Savitri for the FD,
    Ext. P1, and her specimen signature card, Ext. P4, as shown in the image
    below, reveals that the tenure mentioned on Ext. P1 and Ext. P4 is only
    three years.

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    (Images of Ext. P1 and P4)

    30.1. On Ext. P1 (application for FD), the tenure is mentioned as three years in
    one place, whereas on Ext. P4 (Specimen signature), the tenure ‘three
    years’ appears at two different places.

    30.2. Had Savitri requested any extension or correction of the tenure on

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    24.08.1998, she would have either corrected the application and the
    specimen signature card herself or at least signed the corrections. If Savitri
    had requested any extension or correction of the tenure at a later date, she
    would have given an application. There are no such signatures from Savitri
    or any application for correction or extension of the tenure, as claimed by
    Prajapati in his testimony that she sought a correction or extension within
    a few days of the FD. When examined as DW3, Prajapati testified that
    shortly after the FD was created, Savitri voluntarily sought a correction or
    extension after being informed by the manager that she could not earn
    13.5% interest on a three-year FD.

    30.3. No application by Savitri has been proved on record by the accused. No
    note sheet regarding the alleged correction or extension, as claimed by
    Prajapati, has been presented.

    30.4. There is a discrepancy in the version provided by the accused, Prajapati,
    regarding whether Savitri came to the bank to open the FD, whether
    someone else came on her behalf on 24.08.1998, or whether Prajapati went
    to Savitri Devi for this purpose. Prajapati gave different accounts on
    different occasions concerning this fact, which is also a circumstance to be
    read against Prajapati.

    31. This defence is further contradicted and disproved by Ext. P12. Interest
    payment was sought under that application, Ext. P12, one year after the
    FD’s creation, as indicated by the date 30.08.1999. The bottom section of
    this document, meant for bank use, states the FD tenure as three years. If
    any correction had been requested within a few days of 24.08.1998, and
    had Ext. P5 to P7 and P11 corrected within few days of 24.08.1998, why
    would the bank specify the tenure as three years, one year later?
    Documents do not lie.

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    31.1. Ext. P12 appears as follows.

    31.2. Similarly, Ext.P15, another application for releasing interest dated
    28.08.2001, shows that this time the bank officials, as well as Savitri,
    cleverly did not mention the FD’s tenure. The application contains a
    section for noting the FD’s tenure, but neither Savitri nor the bank officials
    involved filled it out. Since the original FD, starting from 24.08.1998,
    expired on 23.08.2001, the omission of the tenure in the Ext. P15
    application when requesting interest after three years was a deliberate
    attempt to conceal the true duration, and indicates dishonesty.
    31.3. As against Ext.P12 & P15, the applications seeking interest in 2002
    (Ext.P17), 2003 (Ext.P19) and 2004 (Ext.P21), the tenure of FD
    mentioned is 10 years instead of 3 years.

    31.4. As against them, the further applications given in 2007 (Ext.P23), 2008
    (Ext.P25), 2009 (Ext.P27), 2010 (Ext.P29) and 2011 (Ext.P31) reflect the

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    tenure of FD as 15 years instead of 3 years or 10 years.

    32. The admission of Prajapati regarding the corrections he made on Ext.P5,
    P6, P7 & P11, and the discrepancies highlighted in the applications
    seeking interest Ext.P12 onwards, clearly proves the forgery of the
    documents in the bank’s possession, by Prajapati. If the corrections were
    genuine or bonafide there is no reason as to why different period would
    find mention in Ext.P12, P15, P17, P19, P21, P23, P25, P27, P29 & P31.

    33. Prajapati’s claim that he did so based on the oral instructions of the Bank’s
    General Manager is not supported by any corroborating documentary
    evidence. He has been frequently changing his version as to the changes
    made by him on the above mentioned documents.

    33.1. The first version of Prajapati is recorded in Ext.DW3/P4 in 2012, long
    before he was accused. He admits to signing this document when
    examined as DW3. It is a reply to a show cause notice no. 12-13/238 dated
    19.09.2012 by the bank as recorded in this document itself.
    33.2. While replying to the show cause notice, the initial statement of this
    accused in Ext.DW3/P4 was that he is not responsible for any discrepancy
    in the FD related documents. He states that the FD was originally made
    for 3 years and that he did not make any changes to the related documents.
    He denied changing the tenure from 3 years to 15 years in the register
    containing the FD entry. He also denied making any modifications to the
    receipts. Furthermore, he denied altering the counter slip of the FD by
    changing the maturity date from 24.08.2001 to 24.08.2008. In his reply,
    the accused claimed that he was only aware that the FD was created for 3
    years at an interest rate of 13.5%, and he was unaware of how much
    interest was paid to the FD holder or on whose order the interest was paid.
    33.3. However, in his same reply, Ext.DW3/P4, in paragraph no. 8, he
    specifically stated that on 24.08.1998, he was merely an Accountant, and

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    on that day, for the creation of the FD, it was the then Chairman of
    the Board of Directors (Accused Bharti) who deposited the FD
    amount. The accused also stated that he issued two receipts separately, he
    prepared vouchers, and a single FDR was prepared at the direction of
    the Chairman as well as the then General Manager.

    33.4. He also stated in further paragraphs of Ext.DW3/P4 that most of the bank’s
    records used to remain at the house of Bharti. He mentioned that whatever
    directions Bharti gave to the accused and other bank officials, he
    extended the tenure on different documents related to the FDR
    accordingly. He specifically stated that the changes made to those
    documents were based on instructions from Chairperson Bharti, and
    that he neither had any malafides nor was at fault. He claimed that he was
    merely an employee and, to save his job, he made the corrections or
    changes as directed by the Chairperson Bharti. It is also specifically
    stated that the Chairman told him that the FD tenure had been got
    increased by the Chairman, and that the changes should be made
    accordingly, which the accused (Prajapati) then carried out. He also
    claimed that if he had any malafides, he would not have appended his
    initials against the changes. Furthermore, he stated that all modifications
    were made under the oral directions and pressure of Bharti to extend
    benefits to him and his mother, and that these benefits accrued to Bharti
    and his mother.

    33.5. There is no explanation offered by the accused either in his statement u/s
    313
    Cr.PC or when he stepped into the witness box as DW3, explaining
    under what circumstances he executed this reply Ext.DW3/P4. It is not
    even his claim that anyone threatened him to execute it or exerted pressure
    on him, or induced him, or promised him anything at the time of his reply
    in question. In this reply, he specifically stated in paras 8 to 10 that

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    changes were made by him and other bank officials on the directions
    of Bharti to benefit them, and that the accused did not derive any
    financial benefit. Based on this reply, he requested the bank to withdraw
    the notice dated 19.09.2012 and to exonerate him from disciplinary
    proceedings.

    33.6. The show cause notice dated 19.09.2012, marked as DW3/PX4, was also
    presented to DW3 Prajapati during his cross-examination, but he
    conveniently claimed ignorance of this document, even though his reply
    Ext.DW3/P4 specifically references the show cause notice and is a
    response to it. Prajapati’s stated ignorance is nothing but deliberate and
    false. Moreover, the original notice dated 19.09.2012 is part of Prajapati’s
    service record, as proved by the Prosecution under Article A(2). This
    service record was also never challenged by Prajapati. His evasive answer
    regarding this document further adds to the circumstances against him.
    33.7. This reply Ext.DW3/P4 is a crucial document in which the accused,
    Prajapati, confessed to having altered the tenure of the FD in the
    documents, although he did not specify which documents he altered.
    It is also not his claim that this confession was made under any force,
    fraud, or coercion, nor that he was induced or lured by anyone to
    provide such a reply.

    33.8. The Privy Council in Pakala Narayana Swami Vs. Emperor, AIR 1939
    PC 47 explained that a confession is a statement admitting the offence or
    at any rate substantially all the facts which constitute the offence, whereas
    an admission is only in respect of a gravely incriminating fact. Since Ext
    DW3/P4 admits substantially all the facts constituting the offence in this
    case, it amounts to a confession.

    34. Another pivotal piece of evidence is the notarized affidavit signed by
    Prajapati on 05.11.2012 Ext.P9, again long before he was made an

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    accused. Prajapati does not deny the execution of this document and
    admits to signing it. He claims he was pressurised to sign the affidavit
    while under suspension, with the assurance that doing so would result in
    his suspension being revoked. He also states that he signed without reading
    the contents, allegedly because he was not allowed to read it. He claims
    that after his suspension on 30.10.2012, the then Manager, Mr. Yadav,
    took him to the residence of the nominated Chairman, Pramod Kumar
    Pujari, where he was allegedly told that his suspension would only be
    revoked and no further action taken if he signed a pre prepared document,
    with non compliance leading to recommendations for legal action
    regarding the FDR corrections. He asserts that his suspension was revoked
    on 06.11.2012 after signing.

    34.1. Before analysing whether Prajapati’s claim about the affidavit’s execution
    is credible, let us first examine the contents of the affidavit. In it, Prajapati
    states that in 1998, he was working as an LDC at the complainant bank,
    with accused Bharti as Chairperson of the Board of Directors, Sh. Vijay
    Shankar Soni as General Manager, and R.P. Upadhyay as the Accountant.
    He mentions that the Chairperson was the head of the Cooperative Bank.
    He further states that in 1998, Bharti deposited Rs.10 lakhs in two
    installments of Rs. 8.5 lakhs and Rs. 1.5 lakhs in the name of Shyam
    Sunder Shyam Jan Sahyog Evam Samudaik Vikas Sansthan, instructing
    Prajapati to prepare a Fixed Deposit (FD) in his mother Savitri’s
    name, as President of the Trust. The FD was for three years at 13.5%
    interest. He claims that Bharti, as Chairperson, used to call for the bank’s
    records at his home to inspect them himself, and the records of FD no.
    000309 were also kept by Bharti at his home. Bharti later told Prajapati
    that he had got extended the FD’s tenure and instructed him to correct or
    modify the record accordingly. Trusting Bharti, he made these corrections

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    on receipts, vouchers, and registers at different times, leading to
    inconsistent FD tenures. He specifically claims he made these
    corrections based on Bharti’s instructions and believed them to be
    legitimate, as he was not authorised to alter records otherwise. Prajapati
    further states that he gained no benefit from these corrections and that any
    illicit benefits went to Bharti and his mother. He insists he was not at fault,
    and legal action against him is unwarranted. This affidavit was duly
    notarized on 05.11.2012.

    34.2. While Prajapati admits to making these corrections, he claims he signed
    the affidavit Ext.P9 under coercion and promise. However, the
    prosecution convincingly proved that he did not raise this coercion claim
    in subsequent statements to police under section 202 Cr.P.C., or in his pre-
    summoning evidence under section 200 Cr.P.C., or in any court
    proceedings, including the Supreme Court, where he challenged his
    summons under section 319 Cr.P.C., or to any other authority in any
    manner.

    34.3. His police statement in 2016 under section 202 Cr.P.C. (Ext.DW3/P1)
    makes no mention of coercion or promise. His pre-summoning testimony
    dated 19.03.2016 (section 200 Cr.P.C.), his reply (Ext.DW3/P2) to the
    section 319 application, and his SLP (Ext.DW3/P3) also contain no
    reference to coercion or promise. The voluntary reply Ext.DW3/P4, as
    discussed above, is another factor indicating that the claim of coercion or
    promise in the execution of Ext.P9 is merely an afterthought. After all, he
    specifically named the accused Bharti as the person who made the
    changes, even in Ext.DW3/P4, which was executed in September or
    October 2012 pursuant to the show cause notice dated 19.09.2012.
    34.4. These facts make his assertion of coercion or promise legally untenable
    and likely an afterthought.

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    34.5. Notably, he did not examine the notary to support his claim that the
    affidavit was not executed before the notary or was involuntary. The
    affidavit plainly bears his name, indicating that he purchased the stamp
    paper as the first party.

    34.6. In Ext.DW3/3, i.e., revocation of the suspension of Prajapati, it is
    specifically mentioned that the suspension was sympathetically considered
    based on the affidavit Ext.P9 presented by Prajapati in his office, and as a
    result, the suspension was revoked. Thus, Prajapati availed himself of the
    benefit of seeking revocation of his suspension (Ext.DW3/3) by executing
    affidavit Ext.P9. His suspension was revoked on the basis of that affidavit.
    He never claimed any pressure in the execution of that affidavit at any time
    around 2012 or thereafter until several years later. It was only when he was
    summoned as an accused that he started claiming coercion regarding that
    affidavit, and that too at a highly belated stage in the trial. This
    demonstrates the voluntariness in the execution of the affidavit also.
    34.7. In contrast, Prajapati, in his statement under section 313 Cr.PC, claimed
    that it was the General Manager of the bank who pressured him to execute
    the affidavit, not the nominated Chairperson, Mr. Pramod Pujari. During
    examination as DW3, he for the first time claimed that Pramod Pujari
    coerced him. The differing stand taken by Prajapati regarding the
    execution of the affidavit clearly shows that he has been changing his
    version at different times, making his defence false.
    34.8. Neither Mr Yadav nor Mr Pujari was sought to be examined by him in his
    defence. No criminal or civil action has been initiated by him against either
    of them regarding the alleged coercion.

    34.9. Therefore, there is no doubt that the affidavit Ext.P9 was voluntarily
    executed by Prajapati and his defence as to coercion or promise is an
    afterthought and false.

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    34.10. Since Ext P9 also admit substantially all the facts that constitute the
    offence in this case, it too amounts to confession.

    35. Even without considering the voluntary reply Ext.DW3/P4 or the affidavit
    Ext.P9, the above mentioned discussion clearly proves beyond doubt that
    Prajapati’s claim that he made a correction in the tenure of the FD, a few
    days after its creation, based on any application of Savitri or any bank note
    sheet, at the direction of the Branch Manager, is false. Prajapati admits to
    having changed the tenure.

    35.1. The subsequent application seeking interest given by Savitri in 1999, Ext.

    P12, clearly indicates that even after one year of creating the FD, the
    duration of the FD mentioned during the interest payment process for
    1998-99 was 3 years. If there had been any application seeking correction
    or modification of the tenure by Savitri within a few days of creating the
    FD, there would have been no reason for her or the bank official processing
    Ext. P12 to mention only a 3-year duration.

    35.2. Furthermore, if an FD holder seeks to modify the tenure, the new tenure
    should be either 10 or 15 years; it could not be both. The accused do not
    claim that two separate applications for correction or extension to 10 and
    15 years were submitted. No such application exists. If it had, it would be
    part of the bank’s record. Although the accused claim that such an
    application existed, this is contradicted by document Ext. P12, which
    shows that the FD was created for only 3 years, and no application for
    tenure modification or extension was given by the FD holder.
    35.3. Similarly, Prajapati claims the preparation of a note sheet for the tenure
    correction, but no such document has been produced or proved. The bank
    asserts that no such document ever existed as claimed. Thus, it was
    Prajapati’s burden to prove the existence of such a document, which he has
    failed to do. The documentary evidence in this case contradicts his claim

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    that any such note sheet was created. If there had been any application for
    correction or creation of a note sheet, there would have been no reason for
    him to have executed the reply Ext.DW3/P4, the affidavit Ext. P19
    voluntarily, as mentioned earlier. If such an application or note sheet had
    existed, he would have mentioned it in his statement under section 202 of
    the Cr.PC and in his pre-summoning evidence recorded on 19.03.2016,
    when he was examined as a witness for the complainant bank in this trial.
    But he never mentioned the note sheet or the extension application earlier.
    35.4. The accused, Prajapati, admitted in his cross-examination that the
    statement dated 18.02.2016, Ext. DW3/P1 was given by him during the
    inquiry under Section 202 Cr.PC. That statement therefore can be used for
    limited purposes of contradicting him. In this statement, the accused
    changed his stance and claimed that after creating a fixed deposit (FD) for
    3 years, he followed oral directions from bank officials and seniors
    (without naming them), and in accordance with these directions, he made
    changes to the FD’s tenure and also countersigned the modifications. Thus,
    in 2016, he shifted from claiming that co-accused Bharti directed him to
    make the changes to asserting that the changes were made at the direction
    of bank officials or officers, without naming anyone.
    35.5. He again altered his version regarding the circumstances under which he
    made the changes, as reflected in his subsequent sworn pre-summoning
    evidence. The on oath statement dated 19.03.2016 of Prajapati given
    during the pre-summoning evidence stage is also important to note here.
    In that statement, he deposed in this very trial that while depositing the
    amount, Savitri submitted an application to create a 3-year FDR, which
    was duly signed by her. Subsequently, he prepared voucher nos. 365 &
    366, Ext.P3 & P2, and created the FD for 3 years. When the FD was
    presented before the Accountant, the Accountant signed it, followed by

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    signatures from the General Manager, namely R.V. Upadhyay and Vijay
    Shankar Soni. Before creating the FDR, he also took Savitri’s specimen
    signature, which also mentioned a 3-year duration. Later, Vijay Shankar
    Soni called him to make a correction in the duration, stating that the bank
    needed funds for loan repayment. To prevent the payment of the FDR
    amount, he was asked to increase its duration to 10 years, so he changed
    it from 3 years to 10 years on the receipt numbers 6153 & 6152. A few
    days later, the then General Manager crossed out the 3-year duration on
    the FDR certificate and replaced it with 15 years, which was written by
    Prajapati, who also initialled it.

    35.6. The statement dated 19.03.2016 does not mention any application for
    extension or correction of the tenure by Savitri within a few days of the
    FD, as claimed. It also does not mention that the affidavit Ext.P9 was
    obtained under coercion.

    35.7. When this accused appeared in court and deposed on oath in 2016, any
    lingering fear or pressure in 2012 would have been dispelled by 2016.
    Therefore, the failure to mention such coercion or application in the pre-
    summoning evidence while testifying on oath contradicts Prajapati’s false
    defence.

    35.8. During final arguments, it was submitted that Mr. Vijay Shankar Soni
    passed away in 2009. It appears that after Vijay Shankar Soni’s death, the
    accused Prajapati tried to blame a deceased person to protect himself and
    his co-accused Bharti.

    35.9. However, the discussion above clearly shows that the changes were
    made by none other than Prajapati on Ext.P5, P6, P7, and P11.
    Whether he made those changes at Bharti’s instigation, on his own, or at
    someone else’s behest does not matter. The fact remains that he committed
    those forgeries, as evidenced by the circumstances discussed above.

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    35.10. This Court therefore has no hesitation in concluding that Ext.P5, P6,
    P& P11 are forged documents and they were forged by the accused
    Prajapati.

    36. Before examining other issues, including as to for which all offences
    Prajapati or Bharti are guilty or not, it is first necessary to address the legal
    arguments raised by the two accused, which concern the very
    maintainability of the proceedings.

                EXCLUSIVE                APPLICABILITY                     OF       M.P.        COOPERATIVE
                SOCIETIES ACT, 1960
    

    37. The primary argument in this regard is that, according to Ext.P34, order
    dated 27.01.2015, issued by the office of the Joint Registrar of Cooperative
    Societies, only a sanction under section 76(2) of the MPCS Act was
    granted for offences under that Act only. Therefore, it is argued, the
    present criminal prosecution could not have been initiated. It is further
    argued that the offences described in Section 74(e) of the said Act
    specifically relate to acts by an officer or member that involve destroying,
    mutilating, altering, falsifying, or being privy to such acts, including
    making false or fraudulent entries in any register, book of account, or
    document belonging to the society. The penalty for these offences is
    outlined in Section 75(e) of the same Act. Section 76(1) stipulates that
    such offences are triable by a Magistrate of the First Class, and Section
    76(2)
    requires prior sanction for the institution of any such prosecution. It
    is argued that Ext.36 is a sanction granted under section 76(2) for offences
    solely under that Act, and therefore, the filing of the present complaint is
    wholly illegal.

    37.1. There is no merit in the argument raised.

    37.2. An employee of a cooperative society or cooperative bank established

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    under the MPCS Act who commits forgery cannot claim immunity from
    prosecution under the IPC or argue that they can only be prosecuted under
    the said Act. When an act of omission constituting an offence is committed
    under two different Acts, the offender can be tried under either Act, and
    the only restriction is that one cannot be punished twice for the same
    offence.

    37.3. The MPCS Act of 1960 contains no provision barring the application of
    the IPC. It cannot be argued that the MPCS Act is a complete code in itself
    and that remedies are limited to Sections 74 to 76 of that Act. There is no
    impediment under the MPCS Act to applying the general criminal law. If
    an act constitutes an offence under both the IPC and the Cooperative
    Societies Act, the prosecution has the discretion to proceed under either
    law. Special Acts aim to ensure proper administration and transparency of
    societies, and they are not intended to allow serious offences to go
    unpunished by restricting prosecution to lesser penalties under those
    statutes. Even if a specific act of forgery is punishable under the
    Cooperative Societies Act, in the absence of any overriding provision,
    prosecution for forgery can be carried out either under the Special
    Cooperative Societies Act
    or the IPC. It is clear that the MPCS Act of 1960
    does not override the IPC.

    37.4. Under Section 74(e) of that MPCS Act, the maximum punishment is a fine
    of Rs. 50,000, which is insufficient for cases involving forgery and
    cheating related to lakhs of rupees. The legislature could not have intended
    to provide a safe passage for such an employee of the society to escape
    punishment for offences that prescribe serious penalties under the IPC by
    resorting to the lesser sentence in the Special Act. If an act of forgery is
    punishable under the Cooperative Societies Act, and there is no overriding
    provision excluding general laws, prosecution for forgery and cheating can

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    be pursued under either law.

    37.5. This is supported by the decision of the Hon’ble Supreme Court in the
    State of MP Vs. Rameshwar and Ors. (2009) 11 SCC 424, also relied by
    the accused, where in para no.38, such an argument was rejected. The court
    held that there is no bar under the Societies Act to resort to the provisions
    of general criminal law. Although that case involved charges under the PC
    Act
    1988 as well, the ratio remains applicable.

    37.6. Therefore, neither of the accused can claim immunity from prosecution
    under the IPC, nor argue that they can only be prosecuted under the MPCS
    Act 1960. The prosecution has the discretion to choose to prosecute under
    the IPC. In cases involving serious offences like forgery, criminal breach
    of trust, or cheating, it is not the purpose of the Cooperative Societies Act
    to allow more serious crimes to go unpunished by restricting prosecutions
    to lesser penalties under the Act. Conversely, the IPC provides more
    stringent punishments for forgery and cheating.

    37.7. While Section 76(2) of the MPCS Act requires the Registrar’s written
    sanction to initiate a prosecution under that Act, no such sanction is needed
    if the prosecution proceeds solely under IPC. The purpose of requiring a
    sanction under that provision is to protect officers from frivolous
    prosecutions brought by dishonest individuals over administrative matters.
    37.8. Therefore, this argument by the two accused regarding the
    prosecution under IPC and not under the MPCS Act of 1960 is
    rejected.

    SANCTION U/S 197 OF CR.PC

    38. Another common argument raised by both accused is that even if the
    prosecution proceeds under the IPC instead of the Societies Act 1960,
    sanction u/s 197 of Cr.PC (Section 218 of BNSS) is mandatory and has

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    not been obtained. They contend that not only is cognizance legally barred,
    but the entire proceedings are vitiated. They contend that since both
    accused are public servants under the MPCS Act 1960, prosecution
    without sanction u/s 197 Cr.PC, even for acts allegedly done in excess of
    their authority, is not maintainable. They rely on the cases of G. C.
    Manjunath
    (supra); A. Srinivasulu (supra); Brijlal Sadasukh Modani
    (supra), and State of MP Vs. Rameshwar (supra).

    38.1. On the other hand, the prosecution argues, relying upon the case of
    Manoharnath Kaul (supra), that there was no requirement to obtain a
    sanction, as the act committed by the accused persons, even if they were
    public servants, was not within the scope of their official duties.
    38.2. Section 197, so far as it is applicable to this case, states that when a public
    servant who cannot be removed from his office except with the sanction
    of the government is accused of an offence committed while acting or
    claiming to act in the discharge of his official duty, no court shall take
    cognizance of such an offence without the prior sanction of the relevant
    authority as specified in Clause (a) & (b) of Section 197 (1).
    38.3. While arguing this point, both the accused overlooked a crucial aspect of
    this provision, that the public servant should be unable to be removed from
    office except by the authority mentioned therein. In this case, although
    Section 87 of the Cooperative Societies Act clearly states that every office
    or person as well as employee of a Cooperative Bank or Society shall be
    deemed a public servant under Section 21 of IPC, it is not the case that
    either of the accused was incapable of being removed from their position
    by the authorities listed in Section 197 Cr.P.C.. The protection under
    Section 197 is not available to all public servants but is strictly limited to
    those “not removable from his office save by or with the sanction of
    the Government ” (either Central or State Government).

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    38.4. Being a public servant is only a preliminary condition for claiming
    protection under Section 197. If a Cooperative Bank employee can be
    removed by the bank’ s management or the Board instead of the State or
    Central Government, then the protection under Section 197 does not apply,
    as such an employee can typically be dismissed by authorities other than
    the Government itself.

    38.5. In support of this, reliance can be placed on the case of A. Sreenivasa
    Reddy v. Rakesh Sharma
    , (2023) 8 SCC 711, decided by the Hon’ble
    Supreme Court, which states that the question of whether a Manager of a
    nationalised bank can claim the benefit of Section 197 Cr. P. C. is well
    established and that, although a person working in a nationalised bank is a
    public servant, that provision does not apply if the public servant is not
    removable from his office save by or with the sanction of the Government.
    38.6.
    In S.K. Miglani v. State (NCT of Delhi), (2019) 6 SCC 111, while
    addressing whether a manager of a nationalised bank can claim the benefit
    of Section 197 Cr.P.C., relying on the case of K. Ch. Prasad v. J.
    Vanalatha Devi
    (1987) 2 SCC 52, it was held that even though a person
    working in a nationalised bank is a public servant, still the provisions of
    Section 197 are not applicable at all. In para 6 of the K. Ch.
    Prasad judgment, the following has been held:

    “6. It is very clear from this provision that this section is attracted only in
    cases where the public servant is such who is not removable from his office
    save by or with the sanction of the Government. It is not disputed that the
    appellant is not holding a post where he could not be removed from service
    except by or with the sanction of the Government. In this view of the matter
    even if it is held that the appellant is a public servant still provisions of
    Section 197 are not attracted at all.”

    38.7. Secondly, even if an official meets the criteria for protection mentioned
    above, the protection only applies to offences committed while “acting or
    purporting to act in the discharge of official duty”. Committing an offence

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    punishable under law can never be considered part of a public servant’s
    official duties. Superior courts have consistently held that acts such as
    cheating, forgery, fabrication of records, and criminal conspiracy are not
    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.
    38.8. It is well established that the shield cannot protect corrupt officers, and the
    provisions must be interpreted to promote honesty, justice, and good
    governance. (See Subramanian Swamy v. Manmohan Singh (2012) 3
    SCC 64). Indulgence in cheating, fabrication of records, or
    misappropriation cannot be considered part of their official duties. (so held
    in Indra Devi v. State of Rajasthan, (2021) 8 SCC 768.) It is not the
    official duty of a public servant to fabricate false records or misappropriate
    public funds in furtherance of or during the performance of his official
    duties. The official capacity merely enables him to do these acts, and it
    does not imply that they are inherently connected or inseparably linked to
    the crime committed during the same transaction.
    (So held in Shambhoo
    Nath Misra v. State of U.P.
    [(1997) 5 SCC 326; Inspector of Police v.
    Battenapatla Venkata Ratnam
    , (2015) 13 SCC 87).

    38.9. In State of Kerala v. V. Padmanabhan Nair, (1999) 5 SCC 690, and
    Harihar Prasad (1972) 3 SCC 89, it is also held that offences of criminal
    conspiracy punishable under Section 120B, read with Section 409 of the
    Indian Penal Code, and also Section 5(2) of the Prevention of Corruption
    Act, cannot be considered to fall under the provisions of Section 197 of
    Cr.P.C. It is not part of a public servant’s official duties to engage in
    criminal conspiracy or misconduct while performing his role. Therefore,
    the absence of sanction under Section 197 of the Code of Criminal
    Procedure is not a barrier.
    (Also see Prakash Singh Badal v. State of

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    Punjab, (2007) 1 SCC 1; Bholu Ram v. State of Punjab & Anr., [2008]
    12 S.C.R. 959; State of H.P. v. M.P. Gupta, Neutral Citation 2023 INSC

    697).

    38.10. In this regard, one can also rely on the case of Manoharnath Kaul (supra)
    cited by the Ld. Prosecutor.

    38.11. Reliance by Prajapati on the case of G. C. Manjunath (supra) does not
    support his argument at all, as the facts of that case are entirely different.
    In that case, the allegations were that certain police officials, while
    arresting the complainant in another matter, committed some excesses,
    which were considered to be acts with a reasonable connection to official
    duties and thus protected under section 197 of Cr.PC.

    38.12. Similarly, reliance placed by Bharti on the case of A. Srinivasulu (supra)
    is distinguishable on facts, as in that case, the acts committed by the
    accused were found to be part of official duties.

    38.13. Reliance by accused Bharti on the cases of Brijlal Sadasukh Modani
    (supra) and State of MP Vs. Rameshwar (supra) regarding whether the
    two accused were public servants does not assist their cases. This is
    because, even if under the MPCS Act, both accused are recognised as
    public servants, the key issue is whether they were public servants of the
    category required by section 197 of Cr.PC and whether their actions were
    in the course of official duties. Both these questions have already been
    answered above against the two accused, establishing that neither of them
    could be removed without prior government sanction, and their acts of
    conspiracy, forgery of bank documents to unlawfully benefit Savitri or the
    Trust and to cause wrongful loss to the bank, cannot be considered as acts
    in the discharge of official duties or beyond.

    38.14. The argument of the ld. Prosecutor that even if Parmar was not authorised
    to lodge the complaint, it would only be an irregularity u/s 461(k) of

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    Cr.PC, is also misconceived for the following reasons.
    38.15. What is prescribed there is that when any Magistrate, not being
    empowered by law in this regard, takes cognizance of an offence under
    Section 190(1)(c) of Cr.PC, it would merely be an irregularity not vitiating
    the proceedings. This provision refers to the cognizance taken by a
    Magistrate without territorial jurisdiction, etc. This section does not state
    that it overrides or supersedes Section 197 Cr.PC. Section 197 Cr.PC
    specifically bars cognizance where a public servant, in the discharge of his
    official duty, commits a mistake. Therefore, this argument of the ld.
    Prosecutor is rejected.

    38.16. Thus, the accused’s argument that Section 197 Cr.PC applies in these
    facts and circumstances is rejected. As a result, the pending IA no.
    1/2025 on the same issue, filed by Prajapati, is also rejected and disposed
    of.

    AUTHORISATION & COMPETENCE OF MR. PARMAR

    39. The next common argument attacking the very root of the matter, as raised
    by the two accused, is that Mr. Parmar, the then GM of the complainant
    bank, was not authorised to institute the complaint since he was not
    authorised either by the bank or under the order of the Joint Registrar
    (Ext.P36). In this regard, it is argued that only the Chief Executive Officer
    of the bank or the then auditor, with joint responsibility, were empowered
    to initiate proceedings under the MPCS Act of 1960. The next limb of this
    argument is that, even if Parmar, as Manager of the bank, was duly
    authorised to file the complaint on behalf of the bank, once the bank went
    into liquidation, he had no right to continue with the proceedings, yet he
    persisted. It is also argued that Parmar, in his examination, admitted to
    being inimical to the accused Bharti, which further supports Bharti’s plea

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    that the complaint was filed vindictively.

    39.1. Even this argument must be rejected for the following reasons.
    39.2. It is a well established principle of criminal jurisprudence that the concept
    of locus standi is alien to it. For a cognizable offence, anyone can initiate
    legal action, unless there is a statutory requirement to the contrary.
    39.3. Section 190 of the Cr.PC (Section 210 of BNSS) outlines the manner in
    which Magistrates can take cognizance of offences. It only requires that
    cognizance be taken upon receiving a complaint of facts constituting such
    an offence, a police report of these facts, information received from any
    person other than a police officer, or upon the Magistrate’s own knowledge
    that such an offence has been committed.

    39.4. The law does not specify that this information must come from any
    particular victim. The only requirement is that the person providing
    information must have had first hand knowledge of the commission of the
    offence. Any person fulfilling this criteria can initiate criminal
    proceedings.

    39.5. Regarding the present case, the facts concerning forgery of bank records,
    cheating the bank, etc., can be supported by the records themselves.
    Therefore, Parmar, as the bank’s General Manager, was competent to
    initiate proceedings once he became aware of the offence, even if this was
    long after it was committed. In his complaint and pre-summoning
    evidence, he disclosed the commission of offences based on the bank’s
    records. Although he was not physically posted at the branch when the
    offence occurred, this does not prevent him from lodging the case, as the
    offence was cognizable and not barred by any limitation.
    39.6. Section 468 of the Cr.PC (Section 514 of BNSS) prescribes limitations
    that cognizance cannot be taken after 6 months for offences punishable
    only by a fine; after 1 year for offences punishable by imprisonment of up

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    to one year; and after 3 years for offences punishable by imprisonment
    between 1 and 3 years. For offences punishable by imprisonment
    exceeding 3 years, no limitation period is prescribed.
    39.7. Thus, even if the offence was committed sometime between 1998 and
    2011, though the exact date, month, or year is unclear, there was no legal
    obstacle to taking cognizance.

    39.8. Any person may approach a Magistrate with a complaint under section 190
    of the Cr.PC unless a specific statute states otherwise. This is supported
    by the Constitution Bench judgment in the case of A. R. Antulay Vs.
    Ramdas Srinivas Nayak
    (1984) 2 SCC 500, wherein paragraphs 6 and 7
    note as follows;

    “6. It is a well recognised principle of criminal jurisprudence that
    anyone can set or put the criminal law into motion except where the
    statute enacting or creating an offence indicates to the contrary. The
    scheme of the Code of Criminal Procedure envisages two parallel and
    independent agencies for taking criminal offences to court. Even for the
    most serious offence of murder, it was not disputed that a private complaint
    can, not only be filed but can be entertained and proceeded with according
    to law. Locus standi of the complainant is a concept foreign to criminal
    jurisprudence save and except that where the statute creating an offence
    provides for the eligibility of the complainant, by necessary implication
    the general principle gets excluded by such statutory provision.
    ……………. While Section 190 of the Code of Criminal Procedure
    permits anyone to approach the Magistrate with a complaint, it does not
    prescribe any qualification the complainant is required to fulfil to be
    eligible to file a complaint. But where an eligibility criterion for a
    complainant is contemplated specific provisions have been made such as
    to be found in Sections 195 to 199 of the Cr.P.C.. These specific provisions
    clearly indicate that in the absence of any such statutory provision, a locus
    standi of a complainant is a concept foreign to criminal jurisprudence. In
    other words, the principle that anyone can set or put the criminal law in
    motion remains intact unless contra-indicated by a statutory provision.
    This general principle of nearly universal application is founded on a
    policy that an offence i.e. an act or omission made punishable by any law
    for the time being in force [See Section 2(n) Cr.P.C.] is not merely an
    offence committed in relation to the person who suffers harm but is also
    an offence against society. The society for its orderly and peaceful
    development is interested in the punishment of the offender. Therefore,
    prosecution for serious offences is undertaken in the name of the State
    representing the people which would exclude any element of private

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    vendetta or vengeance. If such is the public policy underlying penal
    statutes, who brings an act or omission made punishable by law to the
    notice of the authority competent to deal with it, is immaterial and
    irrelevant unless the statute indicates to the contrary. Punishment of the
    offender in the interest of the society being one of the objects behind penal
    statutes enacted for larger good of the society, right to initiate proceedings
    cannot be whittled down, circumscribed or fettered by putting it into a
    strait-jacket formula of locus standi unknown to criminal jurisprudence,
    save and except specific statutory exception. To hold that such an
    exception exists that a private complaint for offences of corruption
    committed by public servant is not maintainable, the court would require
    an unambiguous statutory provision and a tangled web of argument for
    drawing a far fetched implication, cannot be a substitute for an express
    statutory provision. ………………..

    7. The scheme underlying Code of Criminal Procedure clearly reveals that
    anyone who wants to give information of an offence may either approach
    the Magistrate or the officer in charge of a police station. If the offence
    complained of is a non-cognizable one, the police officer can either direct
    the complainant to approach the Magistrate or he may obtain permission
    of the Magistrate and investigate the offence. Similarly anyone can
    approach the Magistrate with a complaint and even if the offence disclosed
    is a serious one, the Magistrate is competent to take cognizance of the
    offence and initiate proceedings. It is open to the Magistrate but not
    obligatory upon him to direct investigation by police. Thus two agencies
    have been set up for taking offences to court. One would therefore, require
    a cogent and explicit provision to hold that Section 5-A displaces this
    scheme.”

    39.9. Reliance placed by the accused persons on the cases of Samrat Shipping
    Co.
    (supra), TRL Krosaki (supra), Naresh Potteries, and Mohd Ibrahim
    (supra) are all distinguishable on facts and are not applicable to the present
    case. The first three cases involved complaints under section 138 of the NI
    Act, in which the dispute is primarily between the person in whose favour
    the cheque is issued and the one whose account it dishonours. The statute
    specifically prescribes that only the payee or the holder in due course can
    file such a complaint. In contrast, the present case involves serious
    offences against society, such as forgery and cheating, and is not a dispute
    between two parties.

    39.10. The reliance by the accused on the case of Mohd Ibrahim (supra), arguing

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    that a third party cannot allege cheating in a transaction to which they are
    not a party, is entirely misplaced. In the Mohd Ibrahim case, the Supreme
    Court observed that when A sells property to B under the false pretence
    that A owns the property, B can file a complaint for that specific cheating,
    not a third party. The present is not such a case.

    39.11. Here, the bank, being a legal entity, must be represented by someone, and
    the bank’s Manager was the appropriate representative of the aggrieved
    party to file the complaint.

    39.12. Bharti’s counsel relies on the case of Davinder Pal Singh Bhullar (Supra),
    emphasising that when the initial action is illegal, all subsequent
    proceedings become vitiated. The reliance on this judgment is to argue that
    if the institution of the present complaint was not in accordance with law,
    all subsequent and consequential proceedings would fall apart, as the
    illegality undermines the very foundation. Reliance by accused on this
    case is again entirely misplaced. In that case, the order of registration of
    the FIR by a specific Court, which was found to be an interested party, and
    which led to the registration of the FIR and subsequent proceedings, was
    being challenged before the Court. In those circumstances, that
    observation was made. That case is thus completely distinguishable on the
    facts.

    39.13. In matters involving banks, courts have recognised complaints filed by
    bank branch managers as valid, noting that public servants with knowledge
    of the facts are competent to institute a complaint. Since any member of
    society can generally initiate criminal proceedings, a bank manager
    typically does not require a specific power of attorney or formal
    authorisation to file a complaint for offences such as the one involved in
    this case. The identity of the person who brings the act to the notice of the
    authority is generally immaterial and irrelevant unless statutorily

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    otherwise required.

    40. The argument that once liquidation commenced under section 71 of the
    MPCS Act of 1960, the complaint could not have been further prosecuted
    by Parmar has to be rejected. Once cognizance is taken of a cognizable
    offence, the case is technically between the State and the accused, and the
    informant or complainant merely brings the facts to the notice of the court,
    which then handles the trial to vindicate justice. This is especially so in a
    complaint case under section 200 of Cr.P.C. (Section 223 of BNSS), even
    if filed by a private individual or a bank manager who is a public servant,
    where the offences are exclusively triable by a court of sessions.
    40.1. The present case, as mentioned above, was being tried in a Court of
    Session in Madhya Pradesh before it was transferred to this Court by the
    Supreme Court, and therefore, it continued in this Court. The trial of even
    a complaint case before a Sessions Court is conducted by a public
    prosecutor under section 301 of Cr.P.C. (Section 338 of BNSS).
    40.2. Therefore, subsequent liquidation of the bank would not affect the trial of
    this case. Just as when an individual complainant dies after the case is
    instituted, the case often continues because the goal is to punish the
    offender for a social wrong; similarly, the liquidation of a society or
    corporate entity does not provide a free pass for criminal acts committed
    before liquidation.

    40.3. In this case, not only was the offence committed well before the
    liquidation, but the criminal complaint was also filed prior to the
    liquidation.

    40.4. Therefore, the argument that, post liquidation of the bank, the proceedings
    should have been undertaken by the liquidator under section 71(2)(a) of
    the Cooperative Societies Act, must fail and is rejected.

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    CIRCULAR DATED 06.01.1998 APPLIES AND NOT 02.03.1998

    41. The argument by the two accused that the prosecution erroneously relied
    on the circular dated 02.03.1998 instead of 06.01.1998 Ext.DW1/A does
    not make a difference for the following reasons.

    41.1. Ext.DW1/A, the circular dated 06.01.1998, relied upon by DW1, was
    never put to the complainant, Parmar, in his cross-examination as PW1.
    When the accused failed to ask specific questions to the complainant’s
    witness, who would have been in the best position to answer whether
    Ext.DW1/A applies or the circular dated 02.03.1998, the accused persons
    cannot now claim that it is the circular Ext.DW1/A that should apply and
    not the circular dated 02.03.1998.

    41.2. This central issue is that the FDR was created for 3 years at an annual
    interest rate of 13.5% and then tenure was then forged, allowing the holder
    to continue withdrawing interest at a higher rate beyond the 3-year period
    until 2011. Therefore, whether the January 1998 circular permitted the
    creation of an FD at 13.5% interest for more than 3 years, or whether
    annual interest withdrawal was allowed under either or both circulars, is
    irrelevant.

    41.3. Even if the FDR was created under the January circular rather than the
    March one, the offence involved is forgery to extend the tenure and
    unlawfully benefit the holder, causing unlawful loss to the bank in
    subsequent years, pursuant to a criminal conspiracy.
    41.4. Though the complaint and the evidence of PW1 specifically state that the
    Trust was not entitled to claim interest after the first year and was only
    entitled to the interest with the principal after the FD matured after three
    years, however, this claim by the complainant does not negate the fact that
    the FD’s tenure was forged to extend beyond 3 years, which is an offence
    and the reason for this trial.

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    41.5. This argument is also rejected.

    RES JUDICATA

    42. Another argument raised by the two accused that the principle of res
    judicata applies since the Consumer Forum petition by Savitri was settled
    before the State Commission and challenged by the bank in its review
    petition before the State Commission, then on appeal before the National
    Commission, and finally in the SPL before the Hon’ble Supreme Court,
    must also be rejected for the following reasons.

    42.1. Reliance by the accused on the case of S. C. Garg (supra) to emphasise
    that the principle of res judicata applies to criminal proceedings does not
    help the accused, as the facts of that case are entirely different.
    42.2. The complaint filed by Savitri under the Consumer Protection Act was
    admittedly dismissed on 09.01.2014 by the District Consumer Disputes
    Redressal Forum. The order reveals that even before the Forum, the Trust
    claimed that the fixed deposit (FD) opened with the complainant bank was
    for 15 years, starting from 24.08.1998, as noted in paragraph 2 of the
    Court’s order. Before the District Forum, it was not claimed that the FD
    was initially set for 3 years, then extended to 10 years, or later to 15 years;
    rather, the claim was that the initial FD was for 15 years. This also
    contradicts Prajapati’s version, which claims that any extension occurred
    just a few days after the creation of the FD. Even the District Forum, while
    dismissing the consumer petition, noted discrepancies in the period of the
    FD, which appeared as 3 years, 5 years, 10 years, and 15 years on different
    documents, highlighting these inconsistencies and requiring a detailed
    inquiry into the change of tenure. The complaint was dismissed on these
    grounds. The appeal was subsequently disposed of based on a settlement,
    which the bank claims was fraudulently presented before the State

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    Commission.

    42.3. In the present case, there is no previous decision on the merits, and the
    sequence of events is that when the District Consumer Forum dismissed
    Savitri’s complaint, she challenged it before the State Commission. During
    this process, an official of the bank, allegedly unauthorised, submitted a
    statement regarding the amount due on behalf of the bank, and the matter
    was disposed of as settled, not on the merits. The decisions by the National
    Commission and the Supreme Court against the Consumer Forum’s ruling
    were also not on the merits.

    42.4. The learned prosecutor relied on the cases of Sayyed Hasan (supra), Rekha
    Rani
    (supra), and P. Singaravalan (supra), which all state that only
    decisions on the merits are relevant, not non speaking orders.
    42.5. In the present case, it is admitted that those were consumer proceedings
    where a bank employee (Virender Kumar Gupta) provided a statement of
    account showing a balance owed to Savitri or her Trust. The bank claims
    that the official was not authorised to issue such a settlement statement and
    that it was issued under pressure from the bank’s Chairman, who benefited
    from the alleged cheating.

    42.6. In this context, the statement given by Virender Kumar Gupta during the
    pre-summoning evidence in this case, who presented the alleged
    settlement statement, is significant to note. He deposed that, regarding the
    FDR, Savitri had previously filed a complaint for payment along with
    interest in the Consumer Forum, Datia, which was dismissed, and she then
    filed an appeal before the State Commission, Bhopal. During the said
    appeal, Savitri’s younger son, Rakesh Bharti, was the Chairman of the
    bank’s Board of Directors, and her elder son, Rajendra Bharti, was a
    member of the Board of Directors. Rakesh Bharti called the witness to his
    house and asked him to sign an accounting application dated 19.03.2015,

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    stating that it was to be submitted to the State Commission. The witness
    then signed it, but Rakesh did not allow him to read the application. He
    signed due to pressure from the Bank Chairman. He further deposed that
    on 19.03.2015, he was present at the bank, where he worked with the
    manager, and his signature appears in the attendance register. He did not
    appear before the State Commission. The attached accounting chart sheet
    also bears his signature.

    42.7. Perusal of the order dated 19.03.2025 by the MP State Consumer Dispute
    Redressal Commission, Bhopal reveals that on that day, counsel for the
    bank placed on record the statement of account showing some principal
    and interest accrued, and then the counsel for Savitri expressed her
    satisfaction with the statement provided by the bank and conveyed her
    willingness to accept the amount shown in the statement. As a result, the
    matter was disposed of in view of the settlement. There is no separate
    statement of Virender Kumar Gupta recorded in the State Commission,
    nor is his presence documented. It appears that, based on the bank
    statement, balance sheet, or chart presented before the State Commission
    and purportedly signed by Virender Kumar Gupta, the commission
    accepted it and disposed of the matter.

    42.8. Thus, the argument that the order of the State Commission should operate
    as res judicata carries no weight. The State Commission did not consider
    the issue of forgery, which is the matter before this Court.
    42.9. Therefore, this argument is rejected.

    ABSENCE OF OBJECTIONS IN ANNUAL AUDITS

    43. Another common argument raised is that the bank records were audited
    annually from 1999 to 2011, with no objections raised by the auditors or
    the subsequent General Managers regarding the tenure corrections or

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    interest payments.

    43.1. The said contention must also be rejected. Whether the auditors and
    subsequent Bank officers noticed the forgery in the bank records, whether
    complete records were presented to them, or whether they failed to
    perform their duties diligently, cannot lessen the seriousness of the offence
    of forging bank records. The above discussion clearly establishes that there
    can be no doubt that the term of FD was changed dishonestly and
    fraudulently to unlawfully benefit, in conspiracy with the beneficiaries.
    43.2. Absence of detection of a crime cannot negate the crime. Therefore, even
    if the auditors and bank officers failed to detect the forgery or cheating, it
    will not affect the decision of this case.

    43.3. This argument is also rejected accordingly.

    WHICH OFFENCE COMMITTED?

    44. Having negated all the common contentions of the two accused, let us now
    examine what offence, if any, was committed, and by whom.

    FORGERY PUNISHABLE U/S 467 & 468 OF IPC.

    45. The discussion earlier in this judgment regarding forgery in Ext.P5, 6, 7
    & Ext.P11 clearly establishes that the changes made to these documents
    are not bona fide corrections, as claimed by Prajapati. Instead, they are
    clear instances of forgery.

    45.1. The two surviving accused were charged with offences under section 467
    IPC, alternatively 467 r/w 120B IPC; and section 468 IPC, alternatively
    468 r/w 120B IPC.

    45.2. Section 464 of IPC explains what constitutes a false document. Section
    463
    IPC defines forgery. Section 467 makes the forgery of valuable
    security punishable. Section 468 prescribes punishment for forgery

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    committed with the intent to cheat.

    45.3. Sec. 463 of the IPC states that whoever makes any false document or false
    electronic record, or a part thereof, with intent to cause damage or injury,
    to the public or to any person, or to support any claim or title, or to cause
    any person to part with property, or to enter into any express or implied
    contract, or with intent to commit fraud or that fraud may be committed,
    it shall be treated as commission of forgery.

    45.4. Therefore, it is necessary that the document, which is termed as ‘forged’,
    should first be a ‘false document’ and it should have been made with intent
    as mentioned in Sec 463 of the IPC.

    45.5. Making of a false document is described in Sec 464 of the IPC. Under this
    provision, a person is said to have made a “false document”, only if he
    makes or executes a document claiming to be someone else or authorised
    by someone else, or he alters or tampers with a document, or he obtains a
    document by practicing deception, or from a person not in control of his
    senses.

    45.6. It is no longer res integra that, as far as forgery is concerned, only the
    maker of the document can be punished for that offence. In the present
    case, neither the prosecution nor any record shows that Bharti prepared
    false documents within the scope of Section 464 of the IPC.
    45.7. In Sheila Sebastian (supra), it is held that the word “to make” in Sec 464
    involves a conscious act; thus, an offence of forgery cannot be charged
    against someone who did not create or sign the document.
    Relying on the
    case of Mohammad Ibrahim (supra), it is also held that a person is said
    to have made a “false document”, if (i) he made or executed a document
    claiming to be someone else or authorised by someone else; or (ii) he
    altered or tampered a document; or (iii) he obtained a document by
    practicing deception, or from a person not in control of his senses.

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    Essentially, creating a false document as per Sec. 464 is necessary to
    establish the offence. The Sheila Sebastian case further clarified that the
    definition of “false document” is integral to the offence of forgery, and
    both must be proven together.

    45.8. Thus, Bharti cannot be held liable for forgery punishable under section 467
    or 468 IPC, as he did not make a false document himself.

    45.9. However, as far as Prajapati is concerned, a discussion above clearly
    establishes that he is the one who forged Ext.P5 to P7 and P11. His claim
    that he did so at the behest of the Manager is already noted to be false. His
    voluntary reply, Ext DW3/P4, is proved against him, as discussed above. His
    claim that the affidavit Ext.P9 was signed under duress or promise is also
    found to be untrue, as discussed above. His assertion that the bank
    suppressed evidence in the form of note sheets or the application for
    extension of tenure has also been proven false. It was his responsibility to
    prove those documents if he claimed their existence. It was not for the
    prosecution to produce these documents, as they consistently maintained
    that no such document existed. The fact that Prajapati continued to change
    his stance on this matter makes his version of the existence of any such
    note sheet unbelievable, and the tenure mentioned in Ext.P12 contradicts
    his claim that Savitri submitted any application for extension of tenure.
    45.10. Normally, upon the completion of the FD tenure, a new FD is issued by
    the banks. However, in this case, instead of doing so, forgery was
    committed. If there had been any application from the Trust or Savitri
    seeking an extension of tenure, the bank would have issued a new FD.
    However, no such FD has been produced by the accused. When Savitri
    was alive and a notice was served uopn her from the Registrar Cooperative
    Societies to show cause, even then she did not submit any FD receipt or
    application for extension of tenure to establish any such change of tenure

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    by her. The obvious reason is that no such FD with a renewed tenure,
    purportedly issued to the Trust or Savitri, exists. This is another factor that
    contradicts Prajapati’s claim of receiving an application for an extension.
    45.11. A detailed discussion of these facts has already been undertaken in this
    judgment in the paragraphs above, so there is no need to repeat them here.
    45.12. Ext DW3/P4 and Ext. P9 were neither prepared when Prajapati was an
    accused nor while he was in police custody. This court is satisfied that Ext
    DW3/P4 and Ext. P9 were not obtained through threat, inducement, or
    promise. These confessions are not covered by Section 24 of IEA, i.e., they
    are not the result of any threat, inducement, or promise, and are therefore
    relevant. The said confessions are duly proven against the maker Prajapati.
    They are not invalidated by Section 24 of IEA nor rendered inadmissible
    under Section 25. They are both relevant and admissible under
    the Evidence Act. There is also clear evidence of forgery by Prajapati as
    discussed above. Therefore, it is not the case that only Prajapati’s
    confession exists. Such a confession can thus be considered.
    45.13. The bank ledger Ext.P11, the counterfoil of the FD Ext.P5, and the receipt/
    vouchers Ext.P6 & P7 are all ‘valuable securities’.

    45.14. Section 30 of IPC describes as to what is a valuable security, stating that
    the words “valuable security” denote a document which is, or purports to
    be a document whereby any legal right is created, extended, transferred,
    restricted, extinguished or released, or whereby any person acknowledges
    that he lies under legal liability, or has not a certain legal right.
    45.15. The fact that Ext.P5, P6, P7, and P11 established a legal right in favour
    of the Trust and extended the tenure of that right to continue availing
    interest, classifies these documents as valuable securities.
    45.16. Therefore, the accused Prajapati is guilty of committing the offence
    under section 467 of IPC. He is also clearly guilty of the offence under

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    section 468 of IPC, as it is evident that the forgeries mentioned above
    were committed with the intent of using those documents for cheating. A
    person can be held guilty under both Section 467 and Section 468 IPC if
    the forged document is a valuable security and the forgery was committed
    with the intent to cheat.

    45.17. Since Bharti is not the creator of these forged documents, he, admittedly,
    cannot be held guilty under sections 467 or 468 of IPC.

    45.18. It is another matter whether Bharti and Prajapati were or were not part of
    the conspiracy under which those documents were forged, which is
    discussed separately below. If there is an unlawful agreement between the
    forger and other conspirators for forgery, the conspirators can be held
    liable for the conspiracy.

    USING FORGED DOCUMENT AS GENUINE U/S 471 OF IPC.

    46. Section 471 of the IPC makes punishable the use of a forged document or
    electronic record as if it were genuine. It states that whoever fraudulently
    or dishonestly uses as genuine any document or electronic record which
    he knows or has reasons to believe it to be forged shall be punished as if
    he had forged it himself.

    46.1. The two accused were charged with offence under section 471 IPC,
    alternatively 471 r/w 120B IPC.

    46.2. Under section 471, the ‘use’ of the forged document by an accused is the
    key ingredient.

    46.3. There is no specific evidence that Bharti or Prajapati fraudulently or
    dishonestly used those forged documents as genuine. Any such use of the
    documents would have been by Savitri, the Trust, or the person who might
    have filed the applications seeking interest beyond the initial 3-year FD
    tenure. There is no concrete evidence indicating who specifically filed

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    those applications for withdrawal of interest after the initial 3-year period.
    Those are signed by Savitri. Inference suggests that whoever filed those
    applications did so on behalf of the Trust and Savitri.
    46.4. The two accused might have allowed the use of forged documents, but
    there is no evidence that they themselves used it.

    46.5. Strictly speaking, Section 471 targets the user of the document, even if that
    person did not commit the forgery. A person who only forges the document
    but does not use it would primarily be liable for the offence of forgery
    under sections like 465, 467, or 468, depending on the nature of the
    document. If there is an unlawful agreement between the forger and the
    user to deceive or defraud, the forger can be held liable as part of the
    conspiracy, as also other conspirators.

    46.6. Since there is no direct evidence that Prajapati or Bharti used the forged
    documents, neither can be held guilty under section 471 of the IPC.
    However, there can be no manner of doubt that the forged documents in
    question were indeed used by someone for obtaining interest beyond the
    initial three year FD period. Therefore, the ‘use’ of forged documents is
    established in this case even though the identity of the user is not. Most
    likely the use was by Savitri or by someone on her behalf or on behalf of
    the Trust.

    46.7. It is another matter whether Prajapati or Bharti were or were not part of
    the conspiracy under which the forged documents were used, which will
    be also discussed separately below. Suffice it to note that forged
    documents were indeed used in cheating the bank when, based on forged
    tenure of the FD, interest at a much higher rate was withdrawn yearly until
    2011 and after the initial three year period of the FD. It is one thing to say
    that an offence was committed, and another to identify which particular
    accused committed that specific offence.

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    CHEATING U/S 420 OF IPC

    47. The two accused were charged with offence under section 420 IPC,
    alternatively 420 r/w 120B IPC.

    47.1. Bharti relies on the case of R.K. Vijayasarthi (Supra), claiming the
    elements of cheating by Bharti are not satisfied.
    Similarly, he cites the case
    of Mohammad Ibrahim (Supra) to support that the ingredients of cheating
    are not fulfilled.

    47.2. Cheating is defined in section 415 of IPC, prescribing that any person who,
    by deceiving another, fraudulently or dishonestly induces the person
    deceived to deliver any property to any person, or to consent that any
    person shall retain any property, or who intentionally induces the deceived
    person to do or omit to do something they would not do or omit if not
    deceived, and if that act or omission causes or is likely to cause damage or
    harm to that person in body, mind, reputation, or property, is said to cheat.
    The explanation of Section 415 states that a dishonest concealment of facts
    constitutes deception under this Section.

    47.3. 415 of IPC covers two situations. One where a person is dishonestly
    induced to deliver property. And another where a person is induced to do
    or omit an act he would not otherwise do or omit. In the former, the
    inducement must be fraudulent or dishonest. In the latter, it need only be
    intentional.

    47.4. Turning to the facts of the present case, the dishonest and fraudulent
    inducement in obtaining interest @13.5% beyond the initial 3-year tenure
    of the FD was either by Savitri or by the person who, on her behalf or on
    behalf of the Trust, presented those applications claiming interest beyond
    3 years. These applications were then processed by the bank based on
    forged bank records, as mentioned above, under the belief that the FD was

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    for a longer duration.

    47.5. The document Ext.P36, which is an order dated 27.01.2015, passed by the
    Joint Registrar of Cooperative Societies, has not been controverted or
    disputed by either of the accused. This document itself mentions the
    reduced interest rate from December 2001 onwards, noting that from
    15.12.2001 the interest rate was reduced to 10%, and subsequently it
    consistently fell to 7.25% from 08.01.2004. It then rose slightly to a
    maximum of 8.75% in January 2011. Having not disputed Ext.P36, the
    contents clearly establish a reduced rate of interest from 2001, which also
    indicates wrongful loss caused to the bank and wrongful gain obtained by
    the Trust/Savitri through forgery. Similarly, another document, relied upon
    by none other than the accused, Prajapati, when he testified as DW3 Mark
    DW3/X7, also establishes the reduced rate of interest. Since this document
    is relied upon by the accused himself and is not disputed by the
    Prosecution, it can also be relied upon as evidence of the factum of the
    reduced rate of interest.

    47.6. Who exactly submitted those applications for interest and thus induced the
    bank has not been specifically proved. However, it is obvious that Savitri,
    or someone acting on her behalf, or the Trust, submitted those applications
    and induced the bank officials. She is no longer alive. She and her Trust
    benefited from the amount that was cheated. If the FD holder knows the
    original tenure has expired and that the bank official has forged records to
    extend it, and the FD holder continues to withdraw interest with the intent
    to cause wrongful gain to themselves or wrongful loss to the bank, they
    would be liable for cheating and conspiracy. Thus, cheating did occur in
    this case. But the question is whether Bharti or Prajapati cheated the bank?
    47.7. To establish cheating, it must be shown that the Bharti or Prajapati
    practiced deception and dishonestly induced the bank to deliver the extra

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    interest payments. Who exactly submitted those applications for interest
    and thus induced the bank has not been specifically proved. It is not the
    case of anyone that either Bharti or Prajapati specifically submitted those
    applications to induce the bank based on forged tenures. Therefore, neither
    of them can be held guilty under Section 420 of the IPC. At the same time,
    it can’t be denied that the bank was induced, dishonestly and fraudulently,
    to release interest based on the forged tenure of the FD when interest for
    the period beyond three years was demanded and obtained from the bank.
    Therefore, cheating was committed.

    47.8. It is another matter whether they were part of the conspiracy under which
    the cheating was committed, which will be discussed separately below.
    Suffice it to note that cheating was indeed committed against the bank
    when, based on a forged tenure of the FD, interest at a much higher rate
    was withdrawn annually until 2011, even after the initial three year period
    of the FD. It is one thing to say that an offence was committed, and another
    to identify which particular accused committed that specific offence.

    CRIMINAL BREACH OF TRUST BY A PUBLIC SERVANT
    PUNISHABLE U/S 409 OF IPC

    48. Bharti relies upon the case of R.K. Vijayasarthi (Supra) on the point that
    there was no specific entrustment to Bharti, therefore, there is no question
    of breach of trust.

    48.1. A charge under that section has been filed only against accused Prajapati
    and not against accused Bharti.

    48.2. Section 409 of IPC prescribes punishment for criminal breach of trust by
    a public servant, banker, merchant, or agent. It states that anyone who, in
    any manner, is entrusted with property or has control over property in the
    capacity of a public servant, banker, merchant, etc., and commits criminal

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    breach of trust regarding that property shall be punished. The definition of
    criminal breach of trust is provided in Section 405 of the IPC. It states that
    anyone entrusted with property or with control over property who
    dishonestly misappropriates, converts for personal use, or dishonestly uses
    or disposes of the property in violation of legal instructions or contractual
    obligations commits criminal breach of trust.

    48.3. A bank employee who merely forges records to extend the tenure of a
    Fixed Deposit (FD) without actually misappropriating or disbursing
    money will not be guilty under Section 409 IPC, though he may instead be
    liable under provisions relating to forgery (Sections 467, 468, 471 IPC).
    Section 409 requires dishonest misappropriation or conversion of property
    entrusted to the banker, not just falsification of records. Mere manipulation
    of records without actual diversion of money by the public servant charged
    does not amount to “criminal breach of trust.” No money is
    misappropriated by Prajapati himself. Entrustment of funds exists, but
    there is no dishonest conversion by him.

    48.4. The case of the prosecution against Prajapati, regarding Section 409 of the
    IPC, is that he had control over the bank records and forged them.
    However, even if this is true, such an act alone does not amount to
    misappropriation. By creating those documents, Prajapati may have
    facilitated the withdrawal of bank funds by the Trust and Savitri, but there
    is no evidence to show he personally misappropriated the funds or
    disbursed the funds. Merely forging documents increasing the FD period,
    as mentioned above, does not constitute misappropriation by itself. The
    act alleged against him constitutes forgery (Sections 467, 468 IPC).
    Section 409 IPC would not apply unless Prajapati also diverted or
    misappropriated funds.

    48.5. The bylaws of the bank, proved as Ext.P10, clearly prescribe the roles and

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    responsibilities of the Board. Therefore, Bharti’s claim that he had no
    knowledge of the FD and the bank’s functions, which are only carried out
    by bank officials, may not be true. Even if the bank’s records are
    considered under Bharti’s control, this would still be insufficient to
    establish criminal misappropriation or a breach of trust. Moreover, he has
    not been charged under Section 409 of the IPC.

    48.6. Indeed, the two accused had control over the bank records and funds. But
    merely having control, without a specific breach of trust regarding that
    property, cannot invoke Section 409 of the IPC. Admittedly, Exts. P12 to
    P32 were neither processed nor executed by Prajapati or Bharti. It is not
    even the case of the prosecution that any document from Ext.P12 to P32
    bears the handwriting or signature of either of them. Therefore, neither of
    them processed the interest payments from 1999 to 2011.
    48.7. Thus, even if the bank funds are considered to be within the control of
    Prajapati and Bharti, they did not misappropriate those funds themselves,
    nor did they disburse any amount to the Trust and Savitri.
    48.8. Therefore, the charge under Section 409 of the IPC against Prajapati
    cannot be sustained.

    48.9. Additionally, accused Bharti has not even been charged with that offence,
    so he cannot be held guilty under Section 409 IPC.

    48.10. Concerning Section 409 of IPC, even criminal conspiracy has not been
    invoked or charged against either accused.

    CRIMINAL CONSPIRACY

    49. Both the accused have been charged with the offence of criminal
    conspiracy punishable under Section 120B of IPC, read with Sections 420,
    467, 468, and 471 of IPC.

    49.1. Section 120A of the IPC defines criminal conspiracy as an agreement

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    between two or more persons to commit an illegal act or to perform a legal
    act through illegal means. The proviso to the Section states that no
    agreement, except an agreement to commit an offence, shall amount to a
    criminal conspiracy unless some act, in addition to the agreement, is done
    by one or more parties to such agreement in pursuance thereof. The
    Explanation appended to the Section also clarifies that it is immaterial
    whether the illegal act is the ultimate object of such agreement, or is
    merely incidental to that object. The primary requirement is simply the
    existence of an agreement among the parties involved. The purpose of the
    agreement may be to engage in illegal activities or to carry out legal
    actions unlawfully. It is essential to note that the mere existence of an
    agreement to commit an offence is sufficient to establish the crime of
    conspiracy, and actually committing the criminal act is not required.
    Section 120B of the IPC details the punishments for conspiracy and
    classifies them based on the goal of the conspiracy.

    49.2. To prove a conspiracy, there can be direct or circumstantial evidence,
    demonstrating an agreement between two or more persons to commit a
    crime. By the very nature of criminal conspiracy, which is a product of
    secrecy, direct evidence is difficult to obtain. Such evidence must be gath-
    ered from the circumstances surrounding the substantive offences, whether
    before, during, or, in some cases, even after the commission of the of-
    fences.

    49.3. Ext. P1 shows that the application to open the FD was signed by Savitri,
    the President of the trust. It is admitted that the FD was opened in the trust’s
    name and not in Savitri’s individual name. There is no cross-examination
    of the prosecution’s witnesses, nor has any documentary proof been
    presented to establish that the FD was in Savitri’s individual name and not
    in the name of the trust. Ext. P2 to P7 demonstrate that the depositor was

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    the trust, not individual Savitri. Similarly, Ext. P12 to P32 also establish
    this.

    49.4. Since Savitri was a signatory to the application for opening the FD and to
    various other applications seeking withdrawal of the interest given from
    time to time, had she been alive, there would have been no difficulty in
    finding her guilty of conspiring with the accused Prajapati for forgery and
    cheating, punishable under the above mentioned Sections. She is no more.
    Therefore, no further discussion regarding her is necessary.
    49.5. As is evident from the above discussion, the beneficiary of drawing
    interest after three years of the FD tenure is the trust. Although the
    accused, Bharti, tried to evade questions about whether he was a trustee of
    the trust, sufficient documentary evidence has been presented establishing
    that he indeed was at the relevant time.

    49.6. Ext. DW1/P3, admitted by none other than Bharti’s witness, Mr.
    Budholiya, confirms this fact. It is a certified copy of the trust registration
    documents, submitted to the Registrar of Public Trusts, Datiya (M.P). The
    application for registration was signed by Dr Alok Ranjan Chaurasiya,
    who is one of the trustees, and it lists all trustees, with Bharti’s name at
    Serial No. 7 and his mother, Savitri, as President at Serial No. 1. Dr Alok
    Ranjan Chaurasiya was the Member Secretary. This registration
    application dates back to May 1985. The board of trustees also includes
    Bharti and his mother.

    49.7. If Bharti were not a trustee, or if he were not in board of trustees, he should
    have challenged this document. If he left the trust later or was not a trustee
    between 1998 and 2011, he should have provided documentary proof that
    he had resigned or was never a trustee during that period. He neither
    challenged the authenticity of Ext. DW1/P3 nor proved any other
    document contradicting it. Bharti did not examine anyone from the Trust

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    to prove that Bharti was not a Trustee at the relevant time or at any other
    time. Instead, he gave evasive answers during cross-examination as DW4.
    Even after his attention was drawn specifically to Ext. DW1/P3 he stated
    that he had no knowledge of being a trustee and did not know who had
    named him as such. This ignorance is evidently deliberate and false.
    49.8. He admitted attending trust functions, though he claimed that he did so as
    a public figure, being MLA or ex-MLA. These responses are also evasive,
    apparently to avoid liability. The admitted participation of Bharti in the
    functions of the Trust is evident from certain photographs contained in the
    magazine Gyan Jyoti Ext.DW1/P1 & P2. These photographs clearly reveal
    that Bharti’s denial of being one of the Trustees of the Trust is deliberately
    false in order to avoid criminal liability in the present matter. Numerous
    photographs of him appear in the magazine, reflecting his active
    participation as one of the key persons in the events organised by the Trust.
    In various such photographs, even the Trust’s name appears on the banner
    or backdrop alongside Bharti’s photograph, and his name as trustee appears
    in the photograph at point X-4 and X-5 in Ext.DW1/P2.

    49.9. If Bharti was never a trustee, there should be no reason for his name to
    appear on the trustees’ list. To become a trustee, he must have signed the
    relevant documents. If he claims he was not a trustee, he should have
    proved that, but he failed to do so. He neither challenged Ext. DW1/P3 nor
    took any action to dispute his purported trusteeship. Ultimately, this
    document is admitted by none other than his own witness.
    49.10. Once it is established that the actual beneficiary of the cheated amount is
    none other than the trust, the role of the accused Bharti becomes crucial.
    It is proven that he was a trustee of the beneficiary trust that benefited from
    the amount fraudulently obtained during the relevant tenure. It is also
    confirmed by documentary evidence and the oral testimony of PW1 and

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    DW3 that Bharti was the Chairperson of the bank in August 1998 and
    intermittently until 2007 or 2008. For some time, even his brother Rakesh
    Bharti served as Chairperson. The amount that was cheated was disbursed
    between 2002 and 2011.

    49.11. Bharti’s chairmanship is also established by Article A(3), as proved
    through PW1’s testimony. This is a register containing minutes of the
    bank’s Annual General Meeting from 1998-99 to 2010-11. It bears Bharti’s
    admitted signatures on various pages (Page no. 23, 43, 50 & 53) as
    chairperson of the board of directors on different dates. These signatures,
    along with the period they cover, confirm that Bharti served as chairperson
    of the bank during the relevant period.

    49.12. Similarly, another register containing minutes of the bank’s Staff Sub
    Committee meeting, Article A(4), proved by PW1, also bears Bharti’s
    signature on various pages (page no. 128, 133, 142 & 148) as President
    during the relevant period.

    49.13. Bharti has not cross-examined the prosecution’s witnesses regarding his
    signatures on Article A(3) & A(4), which are the Minutes of the AGM and
    meetings, etc. The Minutes dated 25.12.1998, under Article A(3) on page
    16, signed by Bharti, reflect his tenure as Chairperson during the relevant
    period for the FD’s creation. Articles A(3) and A(4) establish Bharti’s
    participation in the official proceedings as Chairperson.
    49.14. Although Bharti and Prajapati, in their cross-examination as DW4 &
    DW3, respectively, attempted to evade providing details about Bharti’s
    tenure as the chairperson of the board of directors, the documentary
    evidence from the prosecution confirms that Bharti served as chairperson
    during the relevant period.

    49.15. The false answers provided by the accused in their statements should be
    viewed adversely.

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    49.16. Bharti admitted that his statement dated 18.02.2016 was recorded during
    inquiry u/s 202 Cr.PC Ext.DW4/P2. That statement contradicts Bharti’s
    ignorance expressed in this trial as to many points. In that statement
    Ext.DW4/P2, Bharti acknowledged that his mother deposited Rs. 10 lakh
    in an FD with the complainant bank. He also confirmed that interest on
    this FD was paid until 23.08.2011. Furthermore, he stated that when the
    2012 interest was not paid, Savitri filed a consumer complaint with the
    District Forum and appealed against the Consumer Forum’s decision to the
    State Commission. Subsequently, the bank filed a review against the State
    Commission’s decision, which was dismissed, leading to a petition before
    the National Commission, followed by an SLP before the Hon’ble
    Supreme Court. He also claimed that the complaint was based on incorrect
    facts and aimed to mislead the Court. Although he asserted that the bank
    officials paid all interest and he had no role in it, this statement conflicts
    with his current claim of ignorance regarding his mother’s FD. This
    inconsistency also goes against Bharti.

    49.17. In the same statement (Ext.DW4/P2), he mentioned that his mother had
    been suffering from paralysis for the last 40 years and was about 87-88
    years old as of 18.02.2016. This fact strongly supports the possibility that
    any applications submitted to the bank were made by someone else on
    Savitri’s behalf, despite being in her name and bearing her purported
    signatures. It is highly possible that Bharti, serving as Chairperson,
    had those applications submitted. After all, his mother was suffering
    from paralysis for a long time and was very old at that time, according
    to Bharti’s own admission.

    49.18. Ext.P35, the notice issued by the Registrar of the Cooperative Societies to
    Bharti, Prajapati, and Savitri, was only complied with by Prajapati. Bharti
    and his mother did not even bother to visit the Registrar when asked to

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    respond to the show cause notice. They also failed to submit any reply.
    This is another circumstance suggesting a conspiracy between Bharti and
    Savitri. Otherwise, why would Bharti not even reply to that notice?
    49.19. Prajapati, as DW3, also admitted that all his promotions in the bank, from
    a clerk to Senior Branch Manager, were received prior to 2009, i.e. during
    Bharti’s tenure as chairman, which seems to have served as a quid pro quo
    for the forgery.

    49.20. The fact that Bharti is the trustee of the beneficiary trust and was also the
    chairperson of the bank during the time when the amount was cheated from
    the complainant bank after forgery was committed on various bank
    documents, coupled with the other facts as mentioned above, gives rise to
    no other inference that he was part of the criminal conspiracy with accused
    Prajapati, Savitri, and possibly some unknown persons in cheating the
    bank after committing forgery. The forgery offence is established against
    Prajapati as mentioned above. The offence of cheating was also
    committed. Prajapati is not the beneficiary of the forged documents. He
    clearly forged Ext. P5 to P7 and P11 to benefit the trust. He was not a
    beneficiary himself. Beneficiary was the trust, and Bharti was not only the
    chairman of bank but also a trustee of beneficiary at the relevant time.
    These facts clearly indicate a conspiracy between Bharti, Prajapati, and
    Savitri and may be some other unknown persons.

    49.21. To reinforce this inference, one can look at Ext. P9, an affidavit executed
    by Prajapati, which contains clear allegations against Bharti. Additional
    credence can be inferred from Ext. DW3/P4, Prajapati’s reply given in
    2012, which explicitly alleges that Bharti asked Prajapati to forge the
    documents and was the one who deposited the amount in the trust’s name.
    Earlier in this judgment, this Court has already held that Ext. P9 and Ext.
    DW3/P4 were voluntarily executed by Prajapati.

    Judgment dated 01.04.2026; In SC/06/2025; CNR no.DLCT11-001079-2025; Zila Sahkari Krishi Gramin Vikas Bank Vs.
    Smt. Savitri & Ors.; Page 85 of 95
    86

    49.22. It is well settled law that the confession of a co-accused can be considered
    in a joint trial for the same offence, provided it is duly proved. Ext. P9 and
    Ext. DW3/P4 qualify as confessions because they incriminate Prajapati to
    the same extent as they do Bharti. Prajapati’s wilful exposure to penalty
    for his guilt in these statements lends support to their truthfulness
    regarding Bharti. Both documents are properly proved against Prajapati.
    49.23. A confessional statement by one accused implicating another co-accused
    may be considered by the court against that co-accused under Section 30
    of the Evidence Act, where (1) the confession is relevant and admissible
    under the Evidence Act; (2) it has been properly proved against the
    maker; (3) the confessional statement incriminates both the maker and the
    co-accused; and (4) both accused persons are jointly tried for the same
    offence. All those conditions are adequately met in this case.
    49.24. Thus, the two confessions of Prajapati can be considered by the court as a
    prudent rule to support the other evidence against Bharti. There is
    additional evidence on record before the court looks into Prajapati’s
    confessions.

    49.25. Although, in law, a co-accused’s confession is considered weak evidence
    and cannot solely form the basis for conviction, the prudence principle
    allows courts to rely on a co-accused’s confession to strengthen its
    conclusion when independent evidence is there against other accused
    persons. In this case, besides Prajapati’s confession, the circumstantial
    evidence against Bharti, if believed, is circumstantially sufficient to
    support a conviction for criminal conspiracy. As an additional safeguard,
    this Court also relies on Prajapati’s two confessional statements to
    reinforce its judgment.

    49.26. In the case of Kashmira Singh v. State of M.P., (1952) 1 SCC 275, it is
    held as follows;

    Judgment dated 01.04.2026; In SC/06/2025; CNR no.DLCT11-001079-2025; Zila Sahkari Krishi Gramin Vikas Bank Vs.
    Smt. Savitri & Ors.; Page 86 of 95
    87

    “11. ……….. The proper way to approach a case of this kind is, first, to marshal
    the evidence against the accused excluding the confession altogether from
    consideration and see whether, if it is believed, a conviction could safely be
    based on it. If it is capable of belief independently of the confession, then of
    course it is not necessary to call the confession in aid. But cases may arise
    where the Judge is not prepared to act on the other evidence as it stands even
    though, if believed, it would be sufficient to sustain a conviction. In such an
    event, the Judge may call in aid the confession and use it to lend assurance
    to the other evidence and thus fortify himself in believing what without the
    aid of the confession he would not be prepared to accept.”
    49.27. There is no cross-examination by Bharti on Ext.P9 when it was proved by
    PW1. Neither Prajapati, nor Bharti can argue that the two confessional
    statements under Ext. P9 and Ext. DW3/P4 were obtained through
    inducement, threat, or promise to attract Sec. 24 of the Indian Evidence
    Act. The said factors have already been eliminated in the above portion of
    the judgment.

    49.28. They also cannot argue that any protection is available to Prajapati under
    Article 20(3) of the Constitution against self-incrimination. At the time
    Prajapati made those statements, he was not an accused. In this regard one
    may place reliance upon the case of State of Bombay Vs. Kathi Kalu
    Oghad
    AIR 1961 SC 1808.

    50. Here, it becomes necessary to address certain additional individual
    contentions raised by Bharti and Prajapati.

    51. One such contention raised by Bharti is that the present prosecution could
    not have been initiated or continued without the trust being made an
    accused, as the trust was the beneficiary.

    51.1. This contention is misconceived. It is now well established that a trust, as
    defined in Sec. 3 of the Indian Trust Act, 1882, cannot fall within the

    Judgment dated 01.04.2026; In SC/06/2025; CNR no.DLCT11-001079-2025; Zila Sahkari Krishi Gramin Vikas Bank Vs.
    Smt. Savitri & Ors.; Page 87 of 95
    88

    definition of the word ‘person’ as defined in Sec. 11 of IPC. The word
    ‘person’ as defined in Sec. 11 IPC includes any company, association, or
    collection of persons, whether incorporated or not. Although the definition
    is broad, covering even artificial or juristic persons, a trust is not such a
    juristic person.

    51.2. The Hon’ble Supreme Court in the case of Sankar Padam Thapa Vs.
    Vijaykumar Dineshchandra Agarwal
    , 2025 INSC 1210, held that, unlike
    a company, a trust is not a separate juristic entity or a legal person. Instead,
    it is an obligation solely resting with the trustees. Although that was a case
    under the NI Act in which the Supreme Court held that, without arraigning
    the trust as an accused, a complaint U/s 138 N. I Act is maintainable
    against the trustee signatory of the cheque, the principle of law still applies.
    Therefore, this contention is rejected.

    52. Bharti next argues that the charge of conspiracy was introduced very
    late in 2023, i.e., eight years after the initial complaint was filed and two
    years after the first order on the charge.

    52.1. It is true that the conspiracy charge was introduced belatedly, but that
    alone would not be enough to let the accused persons in conspiracy go
    free. After all, it is a cognizable offence. The learned predecessor court,
    when summoned Prajapati and reframed charges against Bharti,
    specifically included the charge of conspiracy. That order on charge was
    never challenged. Once conspiracy is established through cogent evidence,
    an accused cannot be let off merely because the said offence was charged
    at a later stage during the trial. As soon as the commission of an offence
    comes to the court’s notice, it becomes the court’s duty to charge the
    offender, which in this case was indeed done and has also been proved by
    the prosecution.

    53. The argument by Bharti that he is politically targeted or that the

    Judgment dated 01.04.2026; In SC/06/2025; CNR no.DLCT11-001079-2025; Zila Sahkari Krishi Gramin Vikas Bank Vs.
    Smt. Savitri & Ors.; Page 88 of 95
    89

    prosecution is politically motivated is all speculation. He has failed to
    prove any such political motives or false implications. Instead, it is a case
    of forgery of bank documents and cheating the bank from 1998 to 2011,
    which is long before the alleged political rivalry claimed by Bharti.

    54. On the other hand, the claim by Prajapati that he made bonafide
    corrections in the FDR tenures based on the oral and written instructions
    of his superiors, including the GM and Accountant, has already been
    rejected and addressed above. His contention that he did not derive any
    financial gain or personal advantage from altering the documents cannot
    be in his favour; even if he did not gain financially, he should have
    explained why he committed the forgeries. Once it is established that he
    forged the documents to gain advantage and financial benefit for the trust,
    he was obliged to provide an explanation. He received several out of turn
    promotions as undue favours from Bharti, which served as a quid pro quo
    for the forgery.

    55. The argument by Prajapati that he was not originally made an accused in
    the complaint filed in 2015 and was only added in 2023 is of no help to
    him. The evidence in the case clearly shows that before the complaint was
    filed, Prajapati had named Bharti as the beneficiary and the person
    responsible for executing the offence through him. Therefore, the bank
    might have thought it appropriate to examine Prajapati only as a witness.
    However, when Prajapati did not support the complaint during his pre-
    summoning evidence and completely changed his stance, the bank might
    have been compelled to file an application U/s 319 Cr.P.C. Once he was
    summoned as an additional accused by the court, a move Prajapati
    unsuccessfully challenged up to the Supreme Court, his claim that he was
    not originally made an accused loses steam.

    56. The sum and substance of the above discussion is that accused Bharti and

    Judgment dated 01.04.2026; In SC/06/2025; CNR no.DLCT11-001079-2025; Zila Sahkari Krishi Gramin Vikas Bank Vs.
    Smt. Savitri & Ors.; Page 89 of 95
    90

    accused Prajapati, along with Savitri Devi and possibly other unknown
    persons, entered into a criminal conspiracy. The object of this conspiracy
    was to cheat the complainant bank by continuing to draw interest at a much
    higher rate beyond 2011, which was the initial fixed deposit (FD) duration
    of three years. In furtherance of this conspiracy, the bank documents Ext.
    P5 to P7 and P11, which are valuable securities, were forged. The forgery
    was part of the aim to cheat the bank.

    56.1. Both accused Bharti and Prajapati are, therefore, guilty of criminal
    conspiracy punishable under Section 120B of IPC read with Sections 420,
    467, 468 and 471 of IPC.

    CONCLUSION

    57. Accused Rajendra Bharti is accordingly found guilty and convicted of
    the offence of criminal conspiracy punishable under S. 120B of IPC
    read with Sec. 420/467/468/471 of IPC.

    58. The accused Raghuvir Sharan Prajapati is accordingly found guilty
    and convicted of the following offences:

    i. forgery of Ext. P5 to 7 and P11, which are valuable securities,
    punishable under section 467 read with 120B of IPC.

    ii. forgery of Ext. P5 to 7 and P11, for the purpose of cheating,
    punishable under Section 468 read with 120B of IPC.

    iii. for criminal conspiracy punishable under Section 120B of IPC
    read with Sections 420/467/468/471 of IPC.

    Announced in open court                                          DIG   Digitally signed
                                                                           by DIG VINAY
    on the 01st day of April 2026.                                         SINGH
                                                                     VINAY Date:
                                                                     SINGH 2026.04.01
                                                                           14:16:51 +0530
    
                                                                  DIG VINAY SINGH
                                                             SPECIAL JUDGE (PC ACT), CBI-09
                                                         (MPs/MLAs CASES), RADC, NEW DELHI
    
    

    Judgment dated 01.04.2026; In SC/06/2025; CNR no.DLCT11-001079-2025; Zila Sahkari Krishi Gramin Vikas Bank Vs.
    Smt. Savitri & Ors.; Page 90 of 95
    91

    Chart for witness examined

    Prosecution Witnesses

    Prosecution Wit- Name of Witness Description
    ness No.
    PW1 Narender Singh Parmar He was the complainant who filed the
    complaint case being General Manager,
    Zila Sahkari Gramin Vikas Bank.

    PW2 Abhay Kumar Khare He was the Joint Registrar, Cooperative
    Societies, Gwalior, Madhya Pradesh.

    He conducted inquiry against the ac-

    cused persons under the M.P. Coopera-

    tive Societies Act of 1960.

    PW3 Akhilesh Shukla He was the Liquidator (Parisamapak),
    of the complainant bank after the bank
    went into liquidation subsequent to fil-

    ing complaint.

    
    
                                            Defence Witnesses
    
           Defence                  Name of Witness                                 Description
    
        Witness No.
             DW-1                  Shailender Narayan               Retired bank official of complainant
                                        Budholia                    bank, examined by accused Rajendra
                                                                                  Bharti.
             DW-2                    Deepak Belpatri                Practicing Lawyer in Madhya Pradesh
                                                                    examined by accused Rajendra Bharti
                                                                          to prove political vendetta.
             DW-3              Raghuvir Sharan Prajapati                         Accused himself
             DW-4                    Rajendra Bharti                             Accused himself
    
    
    
    
    

    Judgment dated 01.04.2026; In SC/06/2025; CNR no.DLCT11-001079-2025; Zila Sahkari Krishi Gramin Vikas Bank Vs.
    Smt. Savitri & Ors.; Page 91 of 95
    92

    Chart for Exhibited documents
    Exhibit No. Description of the Exhibit Proved by
    / Attested
    by
    PW1 Narender Singh Parmar
    Exhibit P-1 Application dated 24.08.1998 for FD submitted by Smt. PW 1
    Savitri
    Exhibit P-2 Voucher dated 24.08.1998 for ₹8,50,000. PW 1
    Exhibit P-3 Voucher dated 24.08.1998 for ₹1,50,000. PW 1
    Exhibit P-4 Specimen signature sheet taken by the bank at the time PW 1
    of opening Savitri’s FD account on 24.08.1998
    Exhibit P-5 FD (Fixed Deposit) counter slip No. 309 PW 1
    Exhibit P-6 Receipt no. 006153 for ₹8,50,000 dated 24.08.1998. PW 1
    Exhibit P-7 Receipt no. 006153 for ₹1,50,000 dated 24.08.1998. PW 1
    Exhibit P-8 Complaint U/s 200 Cr.P.C PW 1
    Exhibit P-9 Affidavit of accused Raghuvir Sharan Prajapati dated PW 1
    05.11.2012
    Exhibit P-10 Bylaws of complainant bank PW 1
    Exhibit P-11 Ledger No. 252 as to the FD in question. (Article A-1) PW 1
    Exhibit P-11-C Copy of Ext. P11 PW 1
    Exhibit P-12 Application submitted by Savitri seeking payment of PW 1
    annual interest for the period 1998-99.

    Exhibit P-13 Debit voucher dated 30.08.1999 for ₹1,35,000 PW 1
    Exhibit P-14 Debit voucher dated 25.08.2000 for ₹1,35,000 PW 1
    Exhibit P-15 Application submitted by Savitri seeking payment of PW 1
    annual interest for the period 2000-01.

    Exhibit P-16 Debit voucher dated 28.08.2001 for ₹1,35,000 PW 1
    Exhibit P-17 Application submitted by Savitri seeking payment of PW 1
    annual interest for the period 2001-02.

    Exhibit P-18 Debit voucher dated 28.09.2002 for ₹1,35,000 PW 1
    Exhibit P-19 Application submitted by Savitri seeking payment of PW 1
    annual interest for the period 2002-03.

    Exhibit P-20 Debit voucher dated 16.10.2003 for ₹1,35,000 PW 1
    Exhibit P-21 Application submitted by Savitri seeking payment of PW 1
    annual interest for the period 2003-04.

    Exhibit P-22 Debit voucher dated 22.09.2004 for ₹1,35,000 PW 1
    Exhibit P-23 Application dated 25.09.2007 submitted by Savitri PW 1

    Judgment dated 01.04.2026; In SC/06/2025; CNR no.DLCT11-001079-2025; Zila Sahkari Krishi Gramin Vikas Bank Vs.
    Smt. Savitri & Ors.; Page 92 of 95
    93

    seeking payment of annual interest for the period 2006-
    07.
    Exhibit P-24 Debit voucher dated 25.09.2007 for ₹1,35,000 PW 1
    Exhibit P-25 Application submitted by Savitri seeking payment of PW 1
    annual interest for the period 2007-08.

    Exhibit P-26 Debit voucher dated 14.10.2008 for ₹1,35,000 PW 1
    Exhibit P-27 Application submitted by Savitri seeking payment of PW 1
    annual interest for the period 2008-09.

    Exhibit P-28 Debit voucher dated 25.08.2009 for ₹1,35,000 PW 1
    Exhibit P-29 Application submitted by Savitri seeking payment of PW 1
    annual interest for the period 2009-10.

    Exhibit P-30 Debit voucher dated 29.09.2010 for ₹1,35,000 PW 1
    Exhibit P-31 Application submitted by Savitri seeking payment of PW 1
    annual interest for the period 2010-11.

    Exhibit P-32 Debit voucher dated 04.11.2011 for ₹1,35,000 PW 1
    Exhibit P-33 Appointment and posting order of Raghuvir Sharan PW 1
    Prajapati in the complainant bank (File No. 11 / Artlcle
    A-2 / Service Records)
    Article A-1 The ledger register comprising Ext. P-11 PW1
    Article A-2 Service book of Raghuvir Sharan Prajapati comprising PW1
    of Ext. P33 also
    Article A-3 Register containing minutes of meeting of AGM of the PW1
    complainant bank
    Article A-4 Register containing minutes of Sub-committee of the PW1
    complainant bank

    PW2 ABHAY KUMAR
    Exhibit P-34 Letter dated 05.09.2014 sent by PW2 Abhay Kumar PW 2
    Khare to the Commissioner, Cooperative Department
    and Registrar, Cooperative Society, Bhopal, Madhya
    Pradesh.

    Exhibit P-35 Notice issued under Section 76 of the M.P. Cooperative PW 2
    Societies Act, 1960 by PW2 Abhay Kumar Khare
    Exhibit P-36 Sanction dated 27.01.2015 under Section 76(2) of the PW2
    M.P. Cooperative Societies Act, 1960 issued by PW2
    PW3 AKHILESH SHUKLA
    Article A-5 Audit report for the period 2012-13 PW3

    Judgment dated 01.04.2026; In SC/06/2025; CNR no.DLCT11-001079-2025; Zila Sahkari Krishi Gramin Vikas Bank Vs.
    Smt. Savitri & Ors.; Page 93 of 95
    94

    Defence Witnesses
    DW-1 Shailender Narayan Budholia
    Ex. DW1/A Circular dated 01.06.1998. DW-1
    Ex. DW1/P-1 Magazine Gyan Jyoti published in 2019 DW-1
    Ex. DW1/P-2 Magazine Gyan Jyoti published in 2003 DW-1
    Ex. DW1/P-3 Registration related documents of trust namely Sri DW-1
    Shyam Sunder ‘Shyam’ Institute of Public Cooperation
    and Community Development, Datiya
    DW-2 Deepak Belpatri
    Ex. DW2/A1 Photograph of the witness and others DW-2
    Ex. DW2/A2 Photograph of the witness and others DW-2
    Ex. DW2/A3 Photograph of the witness and others DW-2
    Ex. DW2/A4 Photograph of the witness and others DW-2
    Ex. DW2/B Certificate U/s. 63 BSA DW-2
    Ex.DW2/C1 Printouts of screenshots of the meta data of picture Ext. DW-2
    DW2/A-1
    Ex. DW2/C2 Printouts of screenshots of the meta data of picture Ext. DW-2
    DW2/A-1
    Ex.DW2/C3 Printouts of screenshots of the meta data of picture Ext. DW-2
    DW2/A-2
    Ex.DW2/C4 Printouts of screenshots of the meta data of picture Ext. DW-2
    DW2/A-2
    Ex. DW2/C5 Printouts of screenshots of the meta data of picture Ext. DW-2
    DW2/A-3
    Ex. DW2/C6 Printouts of screenshots of the meta data of picture Ext. DW-2
    DW2/A-3
    Ex. DW2/C7 Printouts of screenshots of the meta data of picture Ext. DW-2
    DW2/A-4
    Ex. DW2/C8 Printouts of screenshots of the meta data of picture Ext. DW-2
    DW2/A-4
    DW-3 Raghuvir Sharan Prajapati (Accused himself)
    Ex. DW3/1 Order dated 28.05.1998 attaching DW3 to the cash DW-3
    branch
    Ex.DW3/2 Order dated 30.10.2012 suspending DW3 DW-3
    Ex.DW3/3 Revocation of the suspension dated 06.11.2012 DW-3
    Ex.DW3/4 Second suspension order of DW3 dated 13.06.2015 DW-3
    Ex.DW3/5 Revocation of suspension of DW3 dated 16.03.2016 DW-3
    Ex.DW3/P-1 Statement dated 18.02.2016 of DW3 U/s 202 Cr.P.C DW-3

    Judgment dated 01.04.2026; In SC/06/2025; CNR no.DLCT11-001079-2025; Zila Sahkari Krishi Gramin Vikas Bank Vs.
    Smt. Savitri & Ors.; Page 94 of 95
    95

    Ex. DW3/P-2 Reply to the application u/s.319 Cr.PC dated 13.03.2022 DW-3
    Ex. DW3/P-3 Photocopy of the SLP preferred by DW3 DW-3
    (Collectively)
    Ex. DW3/P-4 Certified copy of reply/explanation given by DW3 DW-3
    pursuant to Notice dated 19.09.2012.

    DW-4 Rajinder Bharti (Accused himself)
    Ex. DW4/A-1 Certified Copy of Order dated 23.06.2017 of ECI DW-4
    Ex. DW4/A-2 List of cases against DW4 and his family members in DW-4
    particularly.

    Ex. DW4/A-3 Certified copy of complaint lodged by Mr. Mohar Singh DW-4
    Kaurav against Narottam Mishra
    Ex.DW4/A-4 Order of liquidation of the complainant bank dated DW-4
    22.03.2016
    Ex. DW4/A-5 Order dated 09.05.2017 as to absorption of PW1 in DW-4
    another department
    Ex.DW4/A-6 Application dated 20.11.2024 filed by DW4 in this case. DW-4
    Ex. DW4/A-7 Application dated 20.11.2024 preferred by DW4 seeking DW-4
    action against ADPO and DPO
    Ex. DW4/A-8 Order dated 09.04.2025 of Hon’ble Supreme Court of DW-4
    India
    Ex. DW4/P2 Statement dated 18.02.2016 of DW4 U/s 202 Cr.P.C. DW-4

    ———————

    DIG Digitally signed
    by DIG VINAY
    SINGH
    VINAY Date:

    SINGH 2026.04.01
    14:17:07 +0530

    Judgment dated 01.04.2026; In SC/06/2025; CNR no.DLCT11-001079-2025; Zila Sahkari Krishi Gramin Vikas Bank Vs.
    Smt. Savitri & Ors.; Page 95 of 95



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