Bank of baroda

BANK OF BARODA
Criminal cases
1.
Mr. G. Krishna Murthy has filed a criminal complaint (C.C.No. 6776 of 2004) on February 3, 2003 before the
Metropolitan Magistrate, George Town, Chennai against the Bank, its CMD, the Assistant General Manager (Head
Office), the Assistant General Manager (Regional Office, Chennai) and the Chief Manager (Chennai Main Branch)
under sections 406 and 409 of the Indian Penal Code alleging criminal breach of trust. The complainant, a former
employee of the Bank, had availed a housing loan. The complainant has alleged that the Senior Manager, Chennai
Main Branch withdrew the complainant’s gratuity cheque and provident fund cheque by making a false statement to
the effect that the complainant was not in employment with the Bank, at a time when the Senior Manager had not
accepted his resignation letter dated July 19,
1982 due to outstanding housing loan dues. The complainant has
also alleged that the Senior Manager has, without authorization, discharged the provident fund cheque against the
housing loan dues owed by him to the Bank. The CMD, Deputy General Manager (Regional Office, Chennai) and
Chief Manager (Chennai Main Branch) filed a petition (Criminal OP No. 29815 of 2004) before the High Court,
Chennai to quash the said complaint before the Metropolitan Magistrate. The petitioners have denied the allegations
contending that irrespective of the conditional acceptance of the complainant’s resignation, the complainant’s services
came to an end due to an inordinately long absence of over ten years. The petitioners have also submitted that as
the essential ingredients of the offence alleged have not been made out and as the dispute is essentially of a civil
nature, no criminal proceedings can be initiated. The said petition has been admitted by the High Court and case
is currently pending before the High Court, Chennai.
2.
Vijay Kumar Singh filed a complaint (C.C.No. 1599 (C) of 2003) on July 21, 2003 before the Chief Judicial
Magistrate, Patna against Alpic Finance Limited (Alpic), the persons in charge of the management of Alpic and P.S.
Shenoy, the then CMD of the Bank under sections 409, 420 and 120B of the Indian Penal Code alleging criminal
breach of trust, cheating and criminal conspiracy. Alpic had issued bonds under the Alpic Health & Transport
Infrastructure Cumulative Income Bonds Scheme and the Bank was acting as a Trustee for the holders of the
bonds. The complainant has submitted that he had purchased 10 bonds jointly with his wife, but Alpic did not make
the payment after he had deposited the bonds for encashment/redemption. The complainant has submitted that the
accused persons have, in pursuance of active criminal conspiracy, criminally misappropriated the complainant’s
money and have cheated the complainant. P.S. Shenoy has filed an application under section 205 of the Code of
Criminal Procedure before the Judicial Magistrate, Patna for dispensing with his personal attendance before the
Court. The same is pending as of date and the next date for hearing the matter December 14, 2005.
3.
Heman Kumar Taurani filed a criminal complaint (C.C.No. 720 of 2003) on April 18, 2003 before the XV
th
Metropolitan
Magistrate, Hyderabad against the Bank, all its directors and S. K. Suvarna, Deputy General Manager of the Bank
who had signed a written statement that was filed by the Bank in a civil suit that was filed against the Bank by
Heman Kumar Taurani, alleging defamation under section 500 of the Indian Penal Code on the basis of pleadings
in the said written statement. An application to discharge the Bank, all its directors and S.K. Suvarna was filed by
the Bank and the same was dismissed by the Metropolitan Magistrate by an order dated April 5, 2004. Against the
same, a criminal revision petition (Crl.R. Petition No. 133 of 2004) was preferred before the Metropolitan Sessions
Judge, Hyderabad, who, by his order dated June 23, 2004 dismissed the said criminal revision petition. Against the
same, the Bank filed a criminal petition (Criminal. Petition. No. 2905 of 2004) before the High Court, Hyderabad for
quashing the proceedings in the aforementioned C.C.No. 720 of 2003. By its order dated September 2, 2004, the
High Court, Hyderabad quashed the said proceeding as against the Bank and all its directors but not the Deputy
General Manager. Against the same, the Deputy General Manager, S.K. Suvarna has filed a Special Leave Petition
(SLP (Crl.) No. 6274 of 2004) before the Supreme Court against the order dated September 2, 2004 of the High
Court, Hyderabad along with a criminal miscellaneous petition for interim relief (Crl.M.P.No. 13354 of 2004). The
Supreme Court, by its order dated January 7, 2005, has stayed the impugned order. Further, by an order dated
March 7, 2005, the Supreme Court has deleted the Bank and its directors, from the list of respondents in the
petition.
4.
Heman Kumar Taurani filed a private complaint before the Metropolitan Magistrate, Hyderabad, registered as Crime
No. 11 of 2002, on January 16, 2002, against the Bank represented by P.S. Shenoy, the then CMD of the bank,
and other persons alleging offences under sections 406, 402, 425 and 465 of the Indian Penal Code read with
sections 29 and 34 of the Indian Penal Code alleging criminal breach of trust, mischief and forgery. The complainant
has alleged that huge amounts were illegally and unauthorisedly transferred from the complainant’s account with
the Bank. The Bank has filed a criminal petition (Criminal Potion No. 4097 of 2005) dated September 9, 2005
before the High Court, Hyderabad to quash the proceedings in Crime No. 11 of 2002 and praying for stay of
proceedings pending disposal of the criminal petition

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5.
Vinay Kumar Sinha filed a complaint (C.C.No. 2338 (C) of 2001) on December 22, 2001 before the Chief Judicial
Magistrate, Patna against Alpic Finance Limited (Alpic), the persons in charge of the management of Alpic and P.S.
Shenoy, the then CMD of the Bank under sections 406, 420 and 120B of the Indian Penal Code alleging criminal
breach of trust, cheating and criminal conspiracy. Alpic had issued bonds under the Alpic Project Infrastructure
Cumulative Income Bonds Scheme and the Bank was Trustee for the holders of the bonds. The complainant has
submitted that he had purchased 22 bonds, but Alpic did not make the payment after he had deposited the bonds
for encashment/redemption. The complainant has submitted that the accused persons have criminally misappropriated
the complainant’s money and has cheated the complainant. P.S. Shenoy filed an application under section 205 of
the Code of Criminal Procedure before the Judicial Magistrate, Patna for dispensing with his personal attendance
before the Court and the same was rejected by order dated November 29, 2002. He then filed a criminal revision
petition (Cr.Rev.No. 50 of 2003) before the High Court, Patna against the said order and the High Court, by order
dated August 16, 2004, granted the petitioner exemption from personal appearance in C.C.No. 2338 (C) of 2001.
The case is pending as of date and the next date of hearing is December 8, 2005.
6.
P.K. Mallick filed a complaint (C.C.No. 2352 (C) of 2001) in December 2001 before the Chief Judicial Magistrate,
Patna, against Alpic Finance Limited (Alpic), the persons in charge of the management Alpic and P.S. Shenoy, the
then CMD of the Bank under sections 406, 420 and 120B of Indian Penal Code alleging criminal breach of trust,
cheating and criminal conspiracy. Alpic had issued bonds under the Alpic Health & Transport Infrastructure Cumulative
Income Bonds Scheme and the Bank was Trustee for the holders of the bonds. The complainant has submitted that
he had purchased 12 bonds, but the Company did not make the payment after he had deposited the bonds for
encashment/redemption. The complainant has alleged that the accused persons have criminally misappropriated
the complainant’s money and have cheated the complainant. P.S. Shenoy filed an application under section 205 of
the Code of Criminal Procedure before the Judicial Magistrate, Patna for dispensing with his personal attendance
before the Court and the same was rejected by order dated August 2, 2002. He then filed a criminal revision
petition (Cr.Rev.No. 830 of 2002) before the High Court, Patna against the said order and the High Court, by order
dated August 3, 2004, granted the petitioner exemption from personal appearance in C.C.No. 2338 (C) of 2003.
The case is pending as of date.
7.
A criminal complaint bearing no. CC-217/C/2003 has been filed for offence punishable under section 420, 409 read
with 120-B of Indian Penal Code on May 23, 2002 by one Prakash Kantilal Shah, an ex-employee of the Bank. The
criminal complaint was filed against the Bank, Mr. P.S. Shenoy, (then Chairman and Managing Director of the
Bank), Dr. A. K. Khandelwal, (then Executive Director of the Bank), Mr. K. K. Agarwal, General Manager of the Bank
and others before the Metropolitan Magistrate, 31
st
Court, Vikroli, Mumbai.
The complainant has alleged that the accused had wrongfully appropriated a sum of Rs. 213,766 being a portion
of the maturity proceeds of fixed deposits placed with the Bank. The said deposits were in the joint name of
Prakash Shah and his wife. An amount of Rs. 219,688 were transferred to their saving account and out of that Rs.
213,766 was appropriated towards alleged excess amount paid to the complainant under the Bank Baroda Employee
VRS Scheme 2001.
The Complaint sets out that there were payments made to Prakash Shah on his voluntary retirement in accordance
with the Bank of Baroda Employees VRS Scheme and that the Bank has thereafter claimed that an excess amount
was mistakenly paid to the complainant, which they have recovered by appropriation of a portion of the fixed
deposits. It is alleged that the accused have on account of the aforesaid actions cheated the complainant by
making wrongful representations and by fraudulently and dishonestly appropriating the aforesaid sum. In the said
complaint, the Learned Metropolitan Magistrate by an Order dated 14
th
August 2003 directed issue of process
against all the accused.
Aggrieved by the said Order Mr. P.S. Shenoy, and Dr. A. K. Khandelwal filed a Criminal Writ Petition being Criminal
Application No. 582 of 2004.
The Honourable Bombay High Court vide its order dated March 12, 2004 pending hearing and final disposal of the
said criminal application granted ad interim relief to the extent applicable to the petitioners in the form of stay on
further proceedings in the court of Metropolitan Magistrate .
The said Petition is pending and the aforesaid ad-interim Order is still in force.
8.
Govind Ram Agarwal filed a complaint (C.C. No. 1240 of 2004) dated February 26, 2004 before the 6
th
Metropolitan
Magistrate, Kolkata against the Bank, Anil. K. Khandelwal, the then Executive Director of the Bank, and others

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