UMED CHAND RAMOLA Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) This a criminal revision against the judgment and order dated 28-9-1984 passed by Shri V. N. Mehrotra, the then Sessions Judge, Uttarkashi in criminal Appeal No. 9/1983 dismissing the appeal of the appellant/revisionist and confirming the judgment and order dated 23-3-1986 passed by the Chief Judicial Magistrate, Uttarkashi, whereby the Chief Judicial Magistrate convicted the revisionist and sentenced him to undergo R.I. for a period of five years under Section 408, I.P.C. and to pay a fine Rs. 10,000/-. In default of payment of fine, the appellant would further undergo R.I. for a period of eighteen months.

(2.) The prosecution case in a nutshell is that the revisionist-Umed Chand Ramola was employed as peon-cum-Chawkidar at Purola Branch of the District Co-operative Bank, Uttarkashi. The Branch Manager of the Bank used to send the money to its head office at Uttarkashi and also to other regional offices of the Bank in the district. On 7-4-1981 an amount of Rs. 1,50,000/-was withdrawn by the Branch Manager of Purola from the State Bank of India, Purola in order to send the same to the head office at Uttarkashi. Shri Dinesh Chand Kapoor, Manager and Sri Yogendra Ghildiyal, Cashier entrusted the said amount to the revisionist-Umed Chand Ramola at about 7 a.m. on 8-4-1981 and a receipt (Ex.Ka.5) to this effect was obtained from the revisionist. The revisionist was to proceed from Purola by bus and to deposit the amount at Uttarkashi on the same day. But, the revisionist did not deposit the amount at Uttarkashi and misappropriated the same. On 15-4-1981 Kulanand Pandey, Secretary, District Co-operative Bank, Uttarkashi was informed by the Manager of Chinyalisaur branch of the bank that the accused had deposited nearly Rs. 1,60,000/- in a bank of Chham. Kulanand Pandey became suspicious and reached Chham at about 8.30 p.m. Then, he came to know that the accused had deposited the amount at Union Bank of India, Chham. The Manager of the Bank informed that the accused had deposited Rs. 1,45,000/- in the bank and that he had obtained two bank drafts for Rs. 25,000/- each in his name and had also withdrawn an amount of Rs. 10,000/- in cash. Kulanand Pandey, Secretary came back to Uttarkashi and requested the District Magistrate, Uttarkashi for sending necessary instructions to the Lucknow bank for non-payment of the amount of drafts. On 16-4-1981 the Secretary reached Purola, where Dinesh Chand Kapoor, Manager told him that an amount of Rs. 1,50,000/- were entrusted to the accused on 8-4-1981 for being deposited at Uttarkashi. The details of the denominations of currency notes were also given. Kulanand Pandey, Secretary, then lodged FIR (Ex.Ka.4) at police outpost Purola on the same day. The investigation of this case was entrusted to Bharat Singh Yadav, who obtained the opinion of Government Handwriting Expert with regard to the signatures of the accused on Ex.Ka.5. The investigation was taken up as usual which culminated into the submission of the charge-sheet (Ex.Ka.38).

(3.) Charge was framed against the revisionist-Umed Chand Ramola. The revisionist denied the charges and claimed the trial.