Facts
The Appellant, a shopkeeper, was convicted by the Special Judge (CBI) for conspiring with B.P. Rautre (a bank clerk) to defraud the Central Bank of India, Saraipali Branch.
Source reference: p. 1-2The prosecution alleged that in April 1992, Rautre forged transfer vouchers to move ₹15,000 from two third-party accounts into the Appellant’s account, which the Appellant then withdrew using a pre-signed form.
Source reference: p. 2While Rautre allegedly defrauded a total of ₹3,22,000 across multiple accounts, only the ₹15,000 transaction involved the Appellant.
Source reference: p. 5, 17Rautre absconded and was never tried; the Appellant claimed he signed a blank form at Rautre's request without knowledge of the fraud or receiving any proceeds.
Source reference: p. 4, 15Issues
1. Whether the prosecution proved the charge of criminal conspiracy under Section 120-B of the IPC against the Appellant beyond a reasonable doubt.
Source reference: p. 6, para. 102. Whether the mere act of signing a withdrawal form used for fraudulent transfers, absent direct evidence of a meeting of minds, is sufficient to sustain a conviction under the Prevention of Corruption Act and the IPC.
Source reference: p. 15, 18Law Applied
The Court applied Section 120-A (definition) and 120-B (punishment) of the IPC regarding criminal conspiracy, emphasizing that the "unlawful agreement" is the sine qua non of the offence.
Source reference: para. 14, 20It relied on Ram Narayan Popli v. CBI (2003), establishing that while conspiracy is often proven via circumstantial evidence, there must be a "meeting of minds" resulting in a conscious decision.
Source reference: para. 19The Court further invoked K.R. Purushothaman v. State of Kerala (2005) to hold that suspicion cannot substitute legal proof.
Source reference: para. 20Sharad Birdhichand Sarda v. State of Maharashtra (1984), which mandates that a chain of circumstantial evidence must be so complete as to exclude every hypothesis of innocence.
Source reference: para. 26Reasoning
The Court observed that the Appellant's conviction rested entirely on the theory of conspiracy as he was not a public servant.
Source reference: para. 21It noted that the internal auditor (PW-7) found numerous blank pre-signed forms in the absconding co-accused’s room, supporting the Appellant’s defense that Rautre manipulated his account.
Source reference: para. 7-8The Court highlighted a critical gap: while Rautre defrauded ₹3,22,000 from various accounts, the prosecution failed to link the Appellant to the remaining ₹3,12,000, suggesting the Appellant was not part of a broader "common design".
Source reference: para. 24, 27The Court reasoned that the Banker-Customer relationship made the Appellant’s explanation—that he trusted the clerk with a signed form—plausible.
Source reference: para. 23Since the prosecution failed to prove a "prior consensus" or "meeting of minds" beyond the single suspicious withdrawal, the chain of circumstances was deemed incomplete.
Source reference: para. 25, 28Holding
The High Court allowed the appeal, holding that the prosecution failed to establish the essential ingredients of criminal conspiracy beyond a reasonable doubt.
The Court set aside the judgments of conviction and sentences under Sections 420, 468, 471, 477-A, all read with 120-B of the IPC, and Section 13(1)(d) read with 13(2) of the Prevention of Corruption Act.
Source reference: para. 30The Appellant was acquitted of all charges and his bail bonds were discharged.
Source reference: para. 30Original Court PDF
Deendayal Agrawal v. State of Madhya Pradesh (through C.B.I.) 2026:CGHC:11754
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