Delhi District Court
Central Bureau Of Investigation vs . on 28 January, 2012
IN THE COURT OF SH. P.S. TEJI, DISTRICT JUDGE &
ADDL. SESSIONS JUDGE, I/C (EAST) : SPECIAL JUDGE
(CBI), KARKARDOOMA COURTS, DELHI
A.C. No.6/2011
FIR No.RCDAI2011A0010
U/s 120B r/w 420, 467, 468, 471 IPC and
Sec. 13(2) r/w 13(1)(d) of P.C. Act
Central Bureau of Investigation
Vs.
(1)Ravinder Kumar
(2)Rajesh Kumar @ Rajesh Kumar Sharma
O R D E R
The CBI has filed the chargesheet against two accused persons, namely, Ravinder Kumar and Rajesh Kumar @ Rajesh Kumar Sharma under Section 120B IPC read with Section 420, 467, 468 and 471 IPC and Section 13(2) read with 13(1)(d) of P.C. Act and substantive offences thereof. The submissions of Ld. PP for CBI as well as of Ld. Counsel for accused persons on the point of framing of charge have been heard.
AC No.6/2011 CBI Vs. Ravinder Kumar etc. Page 1 of 5 2 The case of the prosecution is that present FIR was registered on the basis of source information. It is alleged that during the period 2004 to 2008, accused Ravinder Kumar, Assistant Manager (F) of RITES Ltd. in connivance with his coaccused Rajesh Kumar Sharma and others fraudulently withdrew the funds of RITES Ltd. 3 All the employees of RITES Ltd. were covered by Group Saving Linked Insurance Scheme (GSLIS) against which premium for the policy was partly payable to the Life Insurance Corporation of India (LIC) by the company and employees and it was deducted from their salaries. On death of the employee or cessation of service (retirement/termination/discharge etc.), the total amount of the member was payable to him. On cessation of employment of an employee, Personnel & Administration (P&A) Division of RITES used to prefer a claim to LIC and on the basis of same, LIC made payment in favour of RITES. After receiving cheques of payment, P&A Division used to send cheques to Finance & Accounts Division for deposit in RITES account along with details of employees. Thereafter, cheque payment voucher used to be prepared on the basis of relevant documents and record and then bank cheque payment AC No.6/2011 CBI Vs. Ravinder Kumar etc. Page 2 of 5 voucher used to be sent to Banking Division for preparation of cheque and obtaining signatures of authorized signatories thereon and for onward remittance to the beneficiary.
4 In the present case, it is alleged that accused Ravinder Kumar had prepared as many as 20 Bank Cheque Payment Vouchers using his personal access code and "option 3" entering fictitious payee names similar to his own name, name of his brother i.e. accused Rajesh Kumar and in another name and managed to get 20 cheques prepared from RITES and misappropriated the same. It was also revealed during investigation that no payment was received from LIC regarding GSLI claims in respect of 20 cheques and that no regular employee of the RITES in the name of R.K. Sharma, Rajesh Kumar etc. had ceased to be employee of the company becoming eligible for such payment. It was also revealed that above said bank cheque payment vouchers were prepared by accused Ravinder Kumar and his signatures thereon were identified by the officers of the company. Officers of the company have also stated that finally the cheques in question were handed over to accused Ravinder Kumar for despatch thereof to the beneficiaries. It is further alleged that 12 cheques in question were got deposited by accused Ravinder Kumar in AC No.6/2011 CBI Vs. Ravinder Kumar etc. Page 3 of 5 his bank accounts and got encashed whereas accused Rajesh Kumar deposited 8 cheques in question in his various bank accounts and got them encashed. It is further alleged that accused persons caused a total loss of Rs.10,25,789/ to RITES Ltd. and corresponding gain to themselves.
5 CBI has filed the documents along with the chargesheet. Documents filed on record show that various bank accounts were got opened in the name of accused Rajesh Kumar Sharma and accused Ravinder Kumar in which the cheques in question were deposited. The cheques in question were seized by the CBI in which the accused Ravinder Kumar committed forgery for the purpose of cheating and used the same as genuine having reason to believe to be forged. CBI has also filed the statements of the witnesses recorded by the Investigating Officer under Section 161 of Cr.P.C. 6 The allegations as contained in the chargesheet and documents appended thereto besides statements of witnesses recorded under section 161 Cr.P.C. prima facie show that there is sufficient material on record for framing of charge against both the accused persons for committing offences punishable under Section 120B IPC AC No.6/2011 CBI Vs. Ravinder Kumar etc. Page 4 of 5 read with Section 420, 467, 468 and 471 IPC and Section 13(2) read with 13(1)(d) of P.C. Act and substantive offences thereof.
Announced in the open Court ( P.S. TEJI )
Dated: 28.01.2012 District Judge & ASJ, I/C (East)
Special Judge (CBI)
Karkardooma Courts : Delhi
AC No.6/2011 CBI Vs. Ravinder Kumar etc. Page 5 of 5