Supreme Court - Daily Orders
Pallavi Ambarish Kapadia vs Central Bureau Of Investigation on 11 October, 2023
Bench: M.M. Sundresh, Prashant Kumar Mishra
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1365 OF 2011
PALLAVI AMBARISH KAPADIA ..... APPELLANT
VERSUS
CENTRAL BUREAU OF INVESTIGATION ..... RESPONDENTS
AND ANR.
O R D E R
1. The present appeal has been preferred by the appellant who has been arrayed as accused No.5, being the wife of accused No.2 for offences punishable under Sections 420, 467, 468, 471 read with Section 120B of the Indian Penal Code, 1860. The sum and substance of the prosecution is that on the basis of forged Letter of Credits amounts were illegally disbursed among all the accused persons using demand drafts and cheques. Insofar as the appellant is concerned, a draft for a sum of Rs.90,000/- (Rupees Ninety Thousand) was issued and it was accordingly deposited in her current account.
2. Both the courts below rendered conviction against the appellant while showing some leniency insofar as sentencing is concerned. We may note that even in the statement given under Section 313 Cr.P.C., the appellant admitted the issuance of Signature Not Verifiedcheque in her favour and her signature in the Pay Slip Digitally signed by POOJA SHARMA Date: 2023.10.14 11:20:50 IST Reason: (Ex.351). After hearing the arguments by the learned Senior Counsel appearing for the appellant, we are not inclined to 1 find any perversity in the conclusion arrived at by the High Court in confirming the conviction rendered by the Trial Court. However, taking into consideration the fact that the appellant is a lady aged about 71 years with medical ailment, we are inclined to modify the sentence till the rising before the Trial Court for a day.
3. In such view of the matter, the appellant is directed to appear before the concerned Trial Court on 13th December, 2023 at 10.30 a.m. and thereafter she has to undergo the punishment of confinement till the rising of the Court i.e. 5.00 p.m.
4. The appeal is allowed. Pending application(s), if any, shall stand disposed of.
.....................J. (M.M. SUNDRESH) .....................J. (PRASHANT KUMAR MISHRA) NEW DELHI;
OCTOBER 11, 2023.
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ITEM NO.108 COURT NO.15 SECTION II-B
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
CRIMINAL APPEAL NO(S). 1365/2011 PALLAVI AMBARISH KAPADIA Appellant(s) VERSUS CENTRAL BUREAU OF INVESTIGATION & ANR. Respondent(s) Date : 11-10-2023 This appeal was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE M.M. SUNDRESH HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA For Appellant(s) Ms. Madhavi Diwan, Sr. Adv.
Ms. Sheena Taqui, Adv.
Ms. Akansha Saini, Adv.
Mr. Shiv Vinayak Gupta, Adv. Ms. Aishani Narain, Adv. Mrs. Bina Gupta, AOR For Respondent(s) Ms. Sonia Mathur, Sr. Adv.
Ms. Pratiksha Mishra, Adv. Ms. Shubhangi Arora, Adv. Ms. Rupakshi Soni, Adv.
Ms. Ronika Tater, Adv.
Ms. Divik Mathur, Adv.
Mr. Nikhil Chandra Jaiswal, Adv. Mr. Rajan Kumar Chourasia, Adv. Mr. P V Yogeswaran, Adv.
Mr. Praneet Pranav, Adv. Mr. Veer Vikrant Singh, Adv. Mr. Arvind Kumar Sharma, AOR Ms. Swati Ghildiyal, AOR Ms. Devyani Bhatt, Adv.
UPON hearing the counsel the Court made the following O R D E R The appeal is allowed in terms of the signed order which is placed on the file.
Pending application(s), if any, shall stand disposed of.
(KAVITA PAHUJA) (RENU BALA GAMBHIR) COURT MASTER (SH) COURT MASTER (NSH) 3