RAM SWAROOP Vs. STATE OF M P

JUDGEMENT

(1.) This miscellaneous criminal case under section 482 of the Code of Criminal Procedure is directed against the first information report registered in Crime No.111/2012 by P.S.Kotwali District Panna under sections 420, 467 & 468 of the Indian Penal Code and the proceedings arising therefrom registered as Criminal Case No.1631/2013 pending before the competent Court at Panna.

(2.) The facts necessary for disposal of this miscellaneous criminal case may be summarized as hereunder: In the year 2011, petitioner/accused Ram Swaroop Ahirwar was Manager of Tendu Leaf Committee, Mandla. A sum of Rs.2,80,772/- was sanctioned for distribution amongst the collectors of Tendu Leaf by way of bonus by District Forest Produce Cooperative Union, North Forest Region, Panna. The amount was deposited in the account of Tendu Leaf Committee Mandla, maintained in District Cooperative Bank Limited on 28-11-2011. As per the prevalent procedure, any amount deposited in the aforesaid account of Tendu Leaf Committee, Mandla, could be withdrawn only through a cheque jointly signed by the Manager of Tendu Leaf Committee and Nodal Officer ("Poshak Adhikari") appointed by Managing Director of District Forest Produce Cooperative Union Limited, North Forest Region, Panna. Accordingly, on 14-10-2011, Shri Ramesh Kumar Rawat, Deputy Forest Range Officer was appointed as Nodal Officer of Tendu Leaf Committee, Mandla. Before 14-10-2011, Shri Rajendra Prasad Rawat, Forest Guard was appointed as Nodal Officer of Tendu Leaf Committee, Mandla. On 05-12-2011, first informant Jahir Singh, Deputy Forest Range Officer, was appointed as Nodal Officer. Thereafter, it came to the notice of Nodal Officer Jahir Singh that on 02-12-2011 petitioner Ram Swaroop, who was Manager of Tendu Leaf Committee, Mandla had forged cheque no.23135 in the sum of Rs.1,80,000/-. He signed aforesaid cheque and affixed the seal of Nodal Officer thereon. Thereafter he affixed forged signatures of Nodal Officer above his official seal. The cheque was presented by the petitioner Ram Swaroop in the bank and the same was encashed. Thus, petitioner Ram Swaroop misappropriated the aforesaid amount. Subsequently, a written F.I.R. was lodged on 22-02-2012 at P.S.Panna.

(3.) After investigation, a charge sheet was filed against the petitioner under sections 420,467 & 468 of the Indian Penal Code.