Former General Manager of Bharat Waon & Engineering given five year jail for cheating

New Delhi, 29.06.2005

The Special Judge (South), CBI, Patna Shri Mungeshwar Sahu, yesterday convicted Shri R.Gopalkrishnan, the then General Manager (Finance), Bharat Wagon & Engineering Ltd., Patna and awarded him five years rigorous imprisonment and fine for misusing his official position and cheating his own company. The Special Judge sentenced Gopalkrishnan to undergo R.I. for five years u/s 409 IPC and a fine of Rs.10,000/-, R.I. for one year u/s 471 and 477-A, RI for five years u/s 13(2) of P.C. Act and fine of Rs.25 lakh and in default of the fine ordered Gopalkrishnan to undergo further sentence of two years R.I.

The case was registered by CBI on the basis of a complaint that Gopalkrishnan cheated Bharat Wagon & Engineering Ltd. of Rs.99.85 lakh by abusing his official position. He issued a cheque for Rs. one crore from the account of the company at Allahabad Bank (main branch), Patna for issuing a demand draft for Rs.99.85 lakh in favour of M/S Vijay Engineering, Kolkata, though in the record of the company, he showed the issuance of the said cheque of Rs.one crore for transferring this amount from the current account of the company maintained at Allahabad Bank, Patna to the current account of the company maintained at Allahabad Bank, Kolkata. Against the said cheque, a bank draft for Rs.99.85 lakh was issued on 29.4.1999 by Allahabad Bank, Patna favouring M/S Vijay Engineering, Kolkata and the said draft was deposited in the account of the Vijay Engineering maintained at State Bank of Mysore, RashBehari Branch, Kolkata on 5.5.1999 and the amount was subsequently withdrawn.

During investigation, it was found that the said account of Vijay Engineering was opened by Gopalkrishnan himself in the name of R.Kannan.

After thorough investigation, a chargesheet was filed by CBI against R.Gopalkrishnan under various sections of IPC and P.C.Act. During the course of the trial, 20 witnesses were examined and several documents exhibited. CBI was able to establish a fool proof case against the accused and the judge convicted him on conclusion of the trial.