CHAMPAT RAI JAIN vs C.B.I.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment Reserved on: 24.03.2026 Judgment pronounced on: 02.04.2026 + CRL.A. 715/2003 CHAMPAT RAI JAIN .....Appellant Through: Mr. Rakesh Khana, Sr. Advocate with Mr. Rajiv K. Garg and Mr. Ashish Garg and Ms. Arushi Jindal, Advocates. versus C.B.I. .....Respondent Through: Mr. Atul Guleria, SPP with Mr. Aryan Rakesh, Advocate for CBI. CORAM: HON'BLE MS. JUSTICE CHANDRASEKHARAN SUDHA JUDGMENT CHANDRASEKHARAN SUDHA, J. 1. In this appeal filed under Section 374 of the Code of Criminal Procedure, 1973, (the Cr.PC), accused no. 2 (A2) in C.C. No. 73/99 on the file of the Special Judge, Tis Hazari Court, Delhi, assails the judgment dated 25.09.2003 and order on sentence dated 08.10.2003 as per which he has been convicted and sentenced for the offences punishable under Section 120B of the Indian Penal Signature Not Verified CRL.A. 715/2003 Page 1 of 27 Signed By:KOMAL DHAWAN Signing Date:02.04.2026 16:48:05 Code, 1860 (the IPC) read with Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (the PC Act). 2. The prosecution case is that the first accused (A1), during the period from December 1989 to May 1990, while posted as Senior Manager, UCO Bank, Sadar Bazar Branch, entered into a criminal conspiracy with A2/ the appellant herein, proprietor of M/s Jayvee Sales Corporation, and in furtherance thereof abused his official position by deliberately not debiting certain cheques issued by A2 from the account of the said Firm, despite the account reflecting a debit balance. It is alleged that A1 retained the said cheques in his personal custody and facilitated the clearance of the amounts and issuance of demand drafts in favour of M/s Bindal Agro Chem Ltd., thereby causing wrongful loss of approximately ₹16 l