MANORANJAN DAS Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The appellant herein was tried for offences punishable under Sections 419/420/468/471, IPC by the Judicial Magistrate, 1st Class, Jamshedpur, Singhbhum. He was found guilty by the Magistrate for the offence punishable under Section 420, IPC and was sentenced to undergo imprisonment for a period of three years. The appellant filed an appeal before the Sessions Court challenging his conviction and sentence. The appellate Court converted the conviction of the appellant from Section 420, IPC to a conviction under Section 420/109, IPC, however the sentence was maintained and appellant filed a revision before the High Court, though his revision petition was dismissed, the sentence of imprisonment was reduced to the period of six months. Aggrieved by the same, the present appeal is filed.

(2.) The appellant was a businessman in Jamshedpur. On 26-5-1972, one Loknath Acharya wanted to open a current account with the Central Bank at Jamshedpur. The appellant being holder of a current account in the same bank. Loknath Acharya sought assistance of appellant for introduction to the said bank. Appellant is said to have signed a form by which he purported to have introduced Loknath Acharya to the Bank. Loknath Acharya continued to operate his current account and on 30-10-1972, he presented three demand drafts, one for Rs.32,100/-, second for Rs. 78,600/- and another for Rs.90,300/-. After the presentation of these demand drafts the said Loknath Acharya by a self cheque withdrew Rs. 27,000/-. Later, he presented another self cheque for Rs.1,40,000/- to be withdrawn from the Bank. Though the cheque was passed, the Manager smelt a rat and directed the officer incharge of the Current Deposit Account to verify the drafts. The accountant incharge found certain irregularities and he suspected the genuineness of the drafts. The Manager stopped the payment of cheque of Rs.1,40,000/- and sent a telegram to the Srinagar branch of this bank wherefrom these drafts were issued. Reply was received from the Srinagar branch that no such drafts were ever issued. The Manager searched for the Loknath Acharya and it seems that by the time he disappeared. The Manager filed a complaint before the police station alleging that Loknath Acharya and the appellant who introduced him to the Bank for starting the current account and also one M. B.Chowdhury a bank employee as parties to a fraud and cheating and it was alleged that money was illegally withdrawn from the Bank. On the basis of the complaint the police registered a case under Section 420, IPC and other allied offences against these three persons. Loknath Acharya could not be apprehended and remained as absconding and appellant and M. B. Chowdhury faced the criminal trial.

(3.) On behalf of the prosecution three witnesses were examined, PW-1 was the Manager of the Bank, PW-2 was accountant of the Central Bank at the relevant time and PW-3 is another regional Manager of the Central Bank. The investigation officer was not examined. A defence witness was also examined at the instance of the co-accused M. B. Chowdhury who was acquitted by the appellate Court.