MAYANK N SHAH versus STATE OF GUJARAT & ANR.

MAYANK N SHAH versus STATE OF GUJARAT & ANR.

The appellant, knowing fully well that invoices/bills were fake and fabricated, presented them to the bank and cheated the bank; prosecution proved guilt beyond reasonable doubt. However, appellant’s lower position in hierarchy and status as salaried employee warranted modification of the sentence while confirming...

Source-derived case information.

Parties
Appellant: Mayank N Shah; Respondent: State of Gujarat; Respondent: Central Bureau of Investigation
Jurisdiction
India
Judgment Date
18 December 2019
Procedural Posture
Criminal Appeal / Supreme Court Judgment on Appeal From High Court Judgment
Outcome
Appeal partly allowed
Legal Topics
Sentencing, Cheating, Forgery, Corruption
Criminal Law Sentencing Cheating Forgery Corruption

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Parties

Mayank N Shah

Appellant

State of Gujarat

Respondent

Central Bureau of Investigation

Respondent

Procedural Posture

Criminal Appeal / Supreme Court Judgment on Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the conviction of the appellant for offences under IPC and Prevention of Corruption Act was justified
  2. 2 Whether the appellant's sentence should be modified considering his relatively lower role in the hierarchy

Ratio Decidendi

The appellant, knowing fully well that invoices/bills were fake and fabricated, presented them to the bank and cheated the bank; prosecution proved guilt beyond reasonable doubt. However, appellant’s lower position in hierarchy and status as salaried employee warranted modification of the sentence while confirming the conviction.

Court Disposition

Appeal partly allowed

Orders

  • Conviction confirmed; sentence modified as follows: one year rigorous imprisonment under S.120B read with S.161, 166, 420, 471 IPC and S.5(1)(d), S.5(2) Prevention of Corruption Act; one year rigorous imprisonment and fine Rs.5000/- (default: six months R.I) under S.420, 420-120B IPC; one year R.I. and fine...