Cuttack, Apr10 (Reporter) Justice B P Routray of the Orissa High Court on Wednesday upheld the conviction of Mohammed Moquim, Managing Director of Metro Builders Pvt Ltd, and also a sitting Congress MLA from the Barabati-Cuttack constituency. The High Court judgment comes as a severe blow to Moquim ahead of the upcoming Assembly election, as he was likely to be re-nominated by the Congress to contest the Barabati-Cuttack Assembly seat. Moquim has appealed to the High Court against the judgment of the Special Judge Vigilance, Bhubaneswar, in a Vigilance Corruption case under sections 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988, and U/s 120-B/468/471/420 of the IPC. The Special Judge Vigilance, Bhubaneswar, had sentenced Moquim to undergo rigorous imprisonment for a period of 3 years and to pay a fine of Rs. 50,000. The Judge further ordered that in default of payment of the fine, he is to undergo further rigorous imprisonment for a period of 6 months for obtaining pecuniary advantage in favour of M/s. Metro Builders Pvt. Ltd. under the guise of loans meant for the rural poor from the Odisha Rural Housing Development Corporation (OHRHDC). While delivering the judgment and upholding the conviction of the lower court, Justice Routray observed that there is sufficient evidence available on record against the Appellant for his active role in getting the loan sanctioned in favour of the company. Additionally, it is seen from the loan file under Ext.13 that the loan was sanctioned on the security of personal guarantees, indemnity, and assurance of the present Appellant as the MD of M/s. Metro Builders Pvt. Ltd. The High Court Judge further observed that it is further indicated from the evidence that the Appellant, along with other co-accused persons, intentionally and knowingly used a series of forged documents to get the loan sanctioned in favour of the accused company without any justification. It is true that mere inability to repay the loan amount would not give rise to criminal prosecution. But here, in the present case, the fraudulent and dishonest intention of the Appellant as the MD of the accused company has been established through prosecution evidence to show his intention to get the loan sanctioned. Justice Routray said that considering all such materials and evidence, coupled with the circumstances narrated above, it is held that the prosecution has successfully proved the charges against the Appellant. The findings of the learned trial court and the conviction are thus confirmed. Keeping in view the extent of the sentence and the nature of offenses as well as the role played by the Appellant in committing the offenses, no reason is found to interfere with the sentencing, the Judge said, and dismissed Moquim's appeal. The bail bonds are also cancelled, and the LCR may be returned, the Judge ordered...////...