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Mayank N Shah v. State of Gujarat & Anr.

Criminal Appeal · 2019 INSC 1396Decided 18 Dec 2019
Criminal Appeal No. 2298 of 2010
Justice N.V. Ramana · Justice R. Subhash Reddy · Justice B.R. Gavai

Background

The appellant, who worked as a salaried Chief Manager (Operations) at a partnership firm manufacturing automotive parts in Ahmedabad, was convicted in 1987, along with a bank manager and others, of conspiring to cheat the Central Bank of India of over Rs. 18.5 lakh by submitting forged transport receipts and invoices to fraudulently obtain credit facilities. The Gujarat High Court upheld his conviction in 2008, in an appeal decided with the help of a court-appointed lawyer after the appellant lost touch with his original counsel (who had since become a judge). He appealed to the Supreme Court, arguing both a lack of adequate hearing before the High Court and that he was merely following his employer's instructions as a salaried employee.

Decision Breakdown

The Supreme Court found no procedural unfairness in how the High Court handled the case, and on the merits held that the evidence clearly showed the appellant knowingly submitted fake invoices and bills to the bank, so his conviction for cheating and related offences was rightly upheld. However, taking into account that he was a relatively low-ranking salaried employee rather than the mastermind of the fraud, and applying sentencing guidelines that weigh an accused's role and position, the Court reduced his sentence on each count (generally from two years to one year, running concurrently) while confirming the conviction itself.

Lesson Learnt

A conviction for conspiracy and cheating can stand even for an employee who was simply following a superior's instructions, if that employee's own actions (like signing or attesting fraudulent documents) show knowledge of the fraud, but a lower rank in the conspiracy can still justify a reduced sentence.

Official source (sci.gov.in)View Judgment (PDF)

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