Delhi court convicts Madhya Pradesh Congress MLA Rajendra Bharti in cooperative bank fraud case

A Delhi court on Wednesday convicted Madhya Pradesh Congress MLA Rajendra Bharti in a corruption case involving forgery of bank records and cheating of a cooperative bank through a fixed deposit scheme [Zila Sahkari Krishi Aur Grahmin Vikas Bank v. Savitri Shyam & Ors.]..Rajendra Bharti, a three-time MLA from the Datia constituency in Madhya Pradesh and a senior leader of the Indian National Congress, was facing trial in a cheating case.The Court held that Bharti was part of a criminal conspiracy that enabled the illegal withdrawal of interest from the bank for over a decade..Justice Dig Vinay Singh (Special Judge, PC Act) at Rouse Avenue Courts held that the evidence established Bharti’s role in the conspiracy, noting his position both in the beneficiary trust and the bank. “The fact that Bharti is the trustee of the beneficiary trust and was also the chairperson of the bank during the time when the amount was cheated from the complainant bank after forgery was committed on various bank documents, coupled with the other facts as mentioned above, gives rise to no other inference that he was part of the criminal conspiracy," held the Court..The case, which was initially being tried by a court in Madhya Pradesh, was transferred to Delhi on orders of the Supreme Court after Bharti had sought such transfer. .The case relates to a ₹10 lakh fixed deposit made in 1998 in the Zila Sahkari Krishi Gramin Vikas Bank in the name of a trust called Shri Shyam Sunder Shyam Jan Sahyog Evam Samajik Vikas Sansthan. According to the prosecution, the deposit was originally meant for three years, but bank records were later altered to show that the tenure had been extended to 10 years and subsequently 15 years..The Court found that these alterations allowed the beneficiary trust linked to Bharti to continue withdrawing annual interest of about ₹1.35 lakh for several years beyond the original tenure. Interest payments were made until 2011, leading to significant financial loss to the bank.The Court further noted that Bharti was also the chairperson of the cooperative bank during the period when the interest payments were made..During the trial, the court also examined the role of bank employee Raghuvir Sharan Prajapati, who had access to bank records. The Court held that Prajapati had altered key documents, including the fixed deposit counterfoil, bank ledger entries and vouchers, thereby forging valuable securities..The Court noted that the forged documents were used to create an impression that the fixed deposit remained valid for a longer period, which enabled continued interest withdrawals. The trust that benefited from these payments had Savitri Devi as its president and Bharti as one of its trustees. “Accused Bharti and accused Prajapati, along with Savitri Devi and possibly other unknown persons, entered into a criminal conspiracy. The object of this conspiracy was to cheat the complainant bank by continuing to draw interest at a much higher rate beyond 2011, which was the initial fixed deposit (FD) duration of three years. In furtherance of this conspiracy, the bank documents... which are valuable securities, were forged. The forgery was part of the aim to cheat the bank. Both accused Bharti and Prajapati are, therefore, guilty of criminal conspiracy,” the Court explained..Bharti had argued during the trial that the case was politically motivated and linked to rivalry with another politician. However, the Court rejected this contention.“The argument by Bharti that he is politically targeted or that the prosecution is politically motivated is all speculation. He has failed to prove any such political motives or false implications. Instead, it is a case of forgery of bank documents and cheating the bank from 1998 to 2011, which is long before the alleged political rivalry claimed by Bharti,” observed the court..The Court held Prajapati guilty of forgery of valuable security and forgery for the purpose of cheating while Bharti was convicted for criminal conspiracy in connection with the cheating and forgery offences.The Court directed that both convicts be taken into judicial custody and listed the matter for arguments on sentence on April 2..Additional Public Prosecutor Manish Rawat represented the State. Advocate Anil Kumar Shukla appeared on behalf of the complainant. Advocates Abhik Chimni and Gurupal Singh appeared for Rajendra Bharti. Advocate HK Shekhar appeared for accused Raghuvir Sharan Prajapati..[Read Jugement]