STATE OF MADHYA PRADESH Vs. RIZWAN KHAN

JUDGEMENT

(1.) This is an application by State seeking leave to appeal under Section 378 (3) of the Code of Criminal Procedure, 1973 against the judgment dated 12-05-2020 passed by Fifth Additional Sessions Judge, Guna whereby the respondent/accused -Rizwan Khan has been acquitted by the trial Court in S.T. No.92/2017 for offence under Sections 420, 467, 468, 471,406 of IPC.

(2.) As per the case of prosecution, on 02-07-2015, in-charge Branch Manager (Smt. Mamta Agrawal) of Zila Sahakari Kendriya Bank Maryadit, Guna submitted a written complaint to the concerned Police Station alleging therein that Prathmik Krishi Shakh Sahakari Sanstha through Abhishek Sen submitted a written request for release of 5 ton of DAP urea to the tune of Rs.1,25,600/-. In furtherance of the said request, Bank prepared a Release Order bearing No.H-87380 dated 02-07-2015 and Demand Draft (Bankers Cheque) bearing No.008307 of Rs.1,23,318.25 in the name of Abhishek Sen, Manager of the Committee - Prathmik Krishi Shakh Sahakari Sanstha. On the same day, Abhishek Sen told to the Bank that since he is going to attend the programme in Collectorate, Guna therefore, the requisite documents be handed over to his man Rizwan Khan (transporter). Those documents (Release Order and Demand Draft) were handed over to the respondent/accused Rizwan Khan by Computer Operator of the Bank -Ompal. Thereafter when Marketing Organization 1 Guna which had released the urea, submitted the said Demand Draft and Release Order at the Head Office Guna for encashment. At that time, it was found that in those documents there was some overwriting and interpolation at the places of amount and quantity of urea as in place of Rs.1,23,389.75, Rs.3,68,389.75, in place of 5 tons, 15 tons and in place of 100 bags, 300 bags have been mentioned.

(3.) On the said complaint, FIR was registered at Crime No.602/2015 Ex-P/20 against the respondent/accused -transporter. Statements of concerned witnesses were taken and after due investigation, charge-sheet was filed before the competent Court of law and then case was committed to the Sessions Court, Guna.