Court sets aside 7 year sentence awarded to former MLA and his wife in cheating case

New Delhi [India] October 23 : The Rouse Avenue Court on Wednesday allowed the appeal moved by former MLA Ranbir Singh Kharb and his wife Anita Kharb in a cheating case.
The court set aside the judgement of conviction and sentence awarded to them.
They had challenged their seven-year jail sentence in the case which pertained to cheating with investors during 1998 to 2004. During this period Kharb was sitting MLA.
Special Judge Kaveri Baweja allowed the appeal after hearing the parties.
The court said that In the light of evidence led on record in the course of trial and the submissions made, it is apparent that the Prosecution has failed to bring home the guilt of the Appellants beyond the realm of reasonable doubt.
The court pointed out, " In fact, there are glaring contradictions and discrepancies which have not been appreciated by the Trial Court in the impugned judgment."
"On the basis of evidence on record and the discrepancies discussed in the preceding paragraphs of this judgment, I am of the considered opinion that the Appellants could not have been convicted for the alleged offences," Special judge said in the judgement.
The Appeal is accordingly allowed and the judgment dated 13.12.2023 and order on sentence dated 24.02.2024 are hereby set aside, the court ordered on October 23.
Earlier, the predecessor court on February 29 had suspended the sentence of Ranbir Singh Kharb and Anita Kharb till the disposal of their appeals.
The Court on February 24, sentenced the couple to seven years jail punishment in a cheating and criminal conspiracy case.
The court has also imposed a fine Rs. 44.5 lakh.
The case was registered by the Economic Offence Wing of Delhi Police in 2006.
As per the prosecution, the convicts, fraudulently and dishonestly induced the complainant, Pravin Kumar, to invest money in the company and in a consequence thereof, he invested a sum of Rs.23 lakhs, without getting any return or refund. Ranbir Singh Dahiya was defrauded with Rs. 1.34 Crores.
Additional Chief Metropolitan (ACMM) Priyanka Rajpoot had sentenced the convicts Ranbir Singh Kharb and Anita Kharb to a period of seven years imprisonment on February 24.
The court said that convict Ranbir Kharb was sentenced to rigorous imprisonment of seven years and a fine of Rs. 22 Lakh for the offence punishable under section 420 of IPC read with section 120-B of IPC.
" Similarly, convict Anita Kharb is sentenced to rigorous imprisonment of seven years and a fine of Rs. 22 Lakh for the offence punishable under section 420 of IPC read with section 120-B of IPC.
Later on, the fine amount was modified to the tune of Rs. 44.50 lakh on February 26, 2024.
The third convict Satprakash was released on probation by the court. He paid a fine of Rs. 55000.
It was alleged that the accused persons namely Ranbir Singh Kharb, Anita Kharb and
Satprakash had committed offences of cheating, criminal breach of trust, criminal conspiracy and have defrauded various innocent investors, who largely are their kith and kin of the accused persons, in the name of 'investments' in the company
called Jyoti Fair Finance Company.
It was alleged that the accused persons during the period of 1998 to 2004 hatched a criminal conspiracy to cheat the general public, by way of a scheme floated through a finance company called M/s Jyoti Fair Finance Company.
As per the prosecution, the accused persons induced the general public to invest money in the company by alluring them with high interest rates and monetary gains, however, the accused persons never had the intention to return the money. Whatever payments, if at all made, were made to further lure/induce the innocent investors to make further investments.
The accused Anita Kharb was the Director of the of the company. She gave receipts in the name of company and often induced the general public and her acquaintances to invest money in the company.
As per Prosecution, Convict Satprakash too, like accused Anita Kharb, gave receipts in the name of company and often induced the general public and his acquaintances to invest money in the company.
Accused Ranbir Singh Kharb is an alleged kingpin of the entire matter, even though he did not hold any position in the company however, as per the prosecution, he latently used to run the said company, without wearing any hat of Director/employee
etc. Almost every victim has alleged inducement at the hands of Kharb, prosecution had alleged.