Bank fraud: 31 years on, Mumbai court upholds 3-year rigorous imprisonment for two

MUMBAI: A sessions court on Monday confirmed the three-year imprisonment awarded to a 74-year-old man and a 59-year-old woman who cheated

Bank of India

to the tune of Rs 39 lakh, 31 years ago. Upholding a 2017 magistrate’s court order, the court dismissed their appeals.

In two separate orders against

Malad

residents Suraj Mohan Kapoor and

Rajula

Mehta, special jugde

SH Gwalani

said, “The view taken by... trial court is legal, logical and pragmatic. The trial court has discussed all aspects in detail with reasoning. I am of the considered view that there is no illegality or perversity in the findings given by the trial court.”

Although the Probation of Offenders Act allows an accused to be released on a bond of good behaviour instead of serving a sentence, the court also said that Rajula could not be let off on a bond of good behaviour just because she was accused of benefiting an amount of only Rs 1.25 lakh.

“Normally, cases involving offences which corrode the economic stability are to be dealt with sternly. It appears that the trial court, after evaluating prosecution evidence and gravity of the offence, has passed the conviction order against the accused. I’m of the opinion that in economic offence, convicted accused cannot claim benefit of Provision of Probation of Offenders Act as a matter of right,” the special judge said.

The court further said that the prosecution has established that an offence of cheating to the tune of Rs 39 lakh was committed in 1991. “Therefore, it had its own high value at that time. So it has to be taken into consideration while awarding sentence,” the special judge said.

The deceased accused, CD Mehta, Rajula’s husband, was the head cashier of the bank’s Worli branch in 1991. It was alleged that Rajula, Suraj Mohan Kapoor and his son

Vikram Kapoor

(since deceased), had accounts in the name of their proprietary concerns. It was alleged that in 1991, all accused entered into criminal conspiracy and cheated Bank of India.