JIWANPRAKASH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The accused Jiwanprakash son of Pandurang Mokashe, aged 25 years, a clerk in the State Bank of India, Wardha, stood charged before the Sessions Judge, Wardha with offences punishable under sections 380, 381, 467, 468, 465 read with sections 471 and 420 of the Indian Penal Code. The charges against him were that on or about 27-2-1967 at Wardha, while employed as a clerk at the State Bank of India, he committed theft of a bank Draft No. J-942980. Between 27-2-1967 to 3-3-1967 he committed forgery in respect of this draft and the concerned documents such as an advice and a list of originating credits concerning the said draft, and this with an intent to cheat the State Bank of India, Katol Branch. Further, between 27-2-1967 to 3-3-1967, he committed forgery in respect of the above said documents intending that they shall be used for purposes of cheating. He had also on 3-3-1967, at Katol, dishonestly used as genuine the abovesaid draft and the concerned documents knowing them to be forged. Finally, he had cheated the Katol Branch of the State Bank of India by dishonestly inducing it to deliver an amount of Rs. 5450 against the above said documents on 3-3-1967.

(2.) The Sessions Judge, Wardha, convicted the accused, the present appellant under sections 381, 467, 468, 465 read with sections 471 and 420 of the Indian Penal Code. Under section 467 of the Indian Penal Code the sentence was of rigorous imprisonment for a period of four years and a fine of Rs. 6000 and in default, rigorous imprisonment for one year. Out of the fine realised, Rs. 5450 were directed to be paid to the State Bank of India, at Katol, Under each of the sections 381 and 420, Indian Penal Code, the accused was sentenced to rigorous imprisonment for one year. No separate sentences under sections 468 and 465 read with section 471, Indian Penal Code have been passed. The substantive sentences have been directed to run concurrently.

(3.) The accused appeals against the convictions and sentences.