Suresh Prabhu is
still the accused
Sandesh Prabhudesai
2 March 2001
His name is being dropped from almost 18
criminal cases, but union power minister Suresh Prabhu is
still the accused in five such cases, which allege cheating
and dishonouring of cheques worth around Rs 120 million.
While dismissing 18 criminal revision applications
filed against the union minister, the local bench of the
Bombay high court has referred rest of the five cases back
to the trial court to decide on merits the case of the Western
Indian Financial Services Ltd, of which Prabhu was the CMD.
As the WIFSL had suddenly vanished from
the scene within one year in 1997
by dishonouring cheques, several investors had filed complaints
before the JMFC. Though the lower court had dismissed Prabhu's
contention in this regard, the sessions court had accepted
that Prabhu was not the CMD at the time of bouncing of the
cheques in 1997.
Prabhu's contention that he had resigned
as the CMD in May 1996 was countered by Gopalrao Mayekar,
one of the investor and a local philanthropist, by producing
certified copy of the Registrar of Companies, stating that
he had resigned in March 1997.
On the contrary, it was argued by the investors'
counsel that the form 32 which Prabhu produced was neither
dated, signed nor stamped by the Registrar of Companies.
In spite of this, the sessions court had recalled process
against Prabhu while dropping his name.
The high court, while dismissing even Mayekar's
CRA now, has stated that the complainants have not disputed
the fact that he had resigned but only the date of resignation.
The remaining five CRAs are however being allowed as theses
investors have challenged the basic fact that he had resigned
from the WIFSL, one of the NBFC.
"I am totally unhappy with the high court
order as it is being dismissed merely on technical grounds",
states Mayekar. He, along with some other investors, is
now planning to approach the Supreme Court with a special
leave petition.
Though the banker-turned-politician will
be granted exemption from appearing in the lower court as
per the high court order, Prabhu had to appear before the
JMFC last year in yet another criminal complaint filed against
him in South Goa. There are hundreds of investors who claim
that they had invested their life-time earnings due to Prabhu's
credibility as the then chairman of the Saraswat Co-operative
Bank.
The investors are also feeling lost because
Prabhu, being a known political figure, is the only director
who is available for the trial. His other former colleagues
- Nandan Gadgil, Brijbhushan Nagpal and Narendra Kumar -
are still reported to be absconding.
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