LAWS(KAR)-2015-6-27

JOSEPH PAUL PAIS Vs. STATE

Decided On June 08, 2015
Joseph Paul Pais Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) This appeal is preferred by appellant-accused No.2 being aggrieved by the judgment and order dated 22.10.2009 passed in S.C.No.35/2004 on the file of XXXII Addl. City Civil and Sessions Judge and Special judge for CBI cases, Bangalore (CCH 34) holding the appellant guilty of the offences punishable under Section 120B r/w Sections 409 and 477A of IPC and Sections 13(2) r/w Section 13(1)(d) of the Prevention of Corruption Act , 1988 and sentencing him to undergo imprisonment as mentioned in the said judgment.

(2.) The facts leading to this case are, one P.V.Chadaga, Branch Manager, Central Bank of India, Arouza Building, Mangalore has lodged the complaint dated 25.1.1993 before the Station House Officer, North Police Station, Bunder, Mangalore alleging that he is submitting the complaint in the capacity of official of the Nationalized Bank; their bank has main branch at Arouza building at Hampankatta, Mangalore having an extension counter at the premises of St. Aloysius college at Mangalore. Sri. K.Balakrishna Bhat was working in their bank as a head cashier at the extension counter at the address given in the complaint above. The duty of the said head cashier consists of taking cash from the main branch to the extension counter and at the end of the business hours bringing back the cash balance of the day and delivering it to the main branch. He has to receive the cash from the customers of the bank and pay the amounts as demanded by the customers at the cash counter of the extension counter. The accused-K.B.Bhat has several other duties apart from making the payments and receiving the cash from the customers and he has to give the amalgamated statement of the daily transactions to the main branch. It is further averred in the complaint that on 13.1.1993, it was realized while balancing the books that there is difference between the figures at the main branch and in the extension counter. On further probing, it was found that the aforesaid cashier Sri.K.B.Bhat had tampered with the voucher/amalgamated statements some time during November 1992 and misappropriated bank's funds entrusted to him while discharging his duties. It is the further allegation in the complaint that the head cashier Mr.K.B.Bhat while making the payments was preparing voucher for higher amounts than what was actually paid to the customers and while preparing receipts for the amount received from the customers, he used to show deflated figures than the amount he actually received and thereby, he misused his position and misappropriated the amount of the bank. On the basis of the said complaint, FIR was registered as per Ex.P13 and matter was taken up for investigation. After the investigation report dated 12.5.1994, another FIR was registered in the case as per Ex.284 and FIR was registered against Sri.K.B Bhat, Head Cashier "E", Central Bank of India, St. Aloysius college, Extension counter, Mangalore and again investigation was taken up. After conducting and completing of the investigation, CBI filed the charge sheet in the matter against accused No.1 Sri.K.B.Bhat and also against accused No.2 J.P.Pais stating that both accused Nos.1 and 2 have committed the offences punishable under Section 120B r/w Sections 409, 477A of IPC and under Section 13(2) r/w Section 13(1)(c) and (d) of the Prevention of Corruption Act, 1988 and caused wrongful loss to the Central Bank of India and wrongful gain to themselves to the extent of Rs.32,50,000/-. As accused No.1, the Head Cashier Sri.K.B.Bhat was absconding, the case was split up against him and after framing charge against the present appellant-accused No.2, trial was conducted before the trial Court and the prosecution has examined in all 10 witnesses as P.Ws.1 to 10 and got marked the documents at Exs.P1 to P296 and on the side of defence, Exs.D1 to D7 were marked.. After considering the merits of the case, ultimately, the trial Court has convicted the appellant-accused No.2 for the offences punishable under Section 120B r/w Sections 409, 477A of IPC and Section 13(2) r/w Section 13(1)(d) of Prevention of Corruption Act, 1988 and sentenced him as per the order dated 22.10.2009.

(3.) Being aggrieved by the judgment and order of conviction, so also, the sentence imposed by the trial Court and also challenging the validity and correctness of the judgment of the trial Court, the appellant has preferred this appeal on the grounds as mentioned at Sl.Nos.1 to 27 of the grounds of appeal memorandum.