Chhattisgarh High Court

Existence of criminal conspiracy requires proof of meeting of minds, not mere withdrawal from pre-signed forms.

Deendayal Agrawal v. State of Madhya Pradesh (through C.B.I.) 2026:CGHC:11754

Chhattisgarh High CourtJUDGMENT: no citation2 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

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. 1-2

The 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. 2

While Rautre allegedly defrauded a total of ₹3,22,000 across multiple accounts, only the ₹15,000 transaction involved the Appellant.

Source reference: p. 5, 17

Rautre 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, 15
02

Issues

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. 10

2. 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, 18
03

Law 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, 20

It 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. 19

The Court further invoked K.R. Purushothaman v. State of Kerala (2005) to hold that suspicion cannot substitute legal proof.

Source reference: para. 20

Sharad 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. 26
04

Reasoning

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. 21

It 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. 7-8

The 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, 27

The 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. 23

Since 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, 28
05

Holding

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. 30

The Appellant was acquitted of all charges and his bail bonds were discharged.

Source reference: para. 30
Chhattisgarh High Court

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Deendayal Agrawal v. State of Madhya Pradesh (through C.B.I.) 2026:CGHC:11754

Chhattisgarh High Court · no citation

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