SUJATA GHOSH Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This criminal revision petition is directed against the judgment and order dtd. 17/6/2016 passed by the Sessions Judge, Unakoti Judicial District, Kailashahar in Criminal Appeal No. 07(3) of 2015 affirming the judgment and order of conviction and sentence dtd. 20/7/2015 of the petitioner awarded by the Judicial Magistrate 1st Class, Kailashahar, Unakoti Judicial District in case No. GR 341 of 2010 whereunder the petitioner was convicted and sentenced to RI for 1 (one) year and a fine of Rs.10,000.00 with default stipulation for commission of offence punishable under sec. 409 IPC and she was further sentenced to RI for 1 (one) year and fine of Rs.10,000.00 with default stipulation for commission of offence punishable under sec. 468 IPC and it was ordered that both the sentences would run concurrently.

(2.) The genesis of the case is rooted in the FIR dtd. 4/9/2010 [Exbt. 10] lodged with the officer in charge of Kailashahar police station by the Block Development Officer of Gournagar R.D. Block against the petitioner alleging, inter alia, that 6 (six) cheques of different sum of money totalling to Rs.15,599.00 were issued to the petitioner who was an Upper Division Clerk in the Panchayat Samity office of Gournagar R.D. Block for withdrawal of the said sum from Kailashahar branch of Tripura Gramin Bank and disbursement among the beneficiaries. But the convict petitioner by fraudulent interpolation raised the figures in the said cheques and had withdrawn a sum of Rs.1,17,299.00. She had thus withdrawn an excess amount of Rs.1,01,700.00 and misappropriated the excess amount drawn by her.

(3.) Kailashahar PS case No. 173 of 2010 under Sec. 409, 420 and 468 of the Indian Penal Code was registered against the petitioner and the case was taken up for investigation.