PURNENDU BAGANI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The revisional applications are directed against the common judgment and order dated 17.01.2013 passed by learned 6th Fast Track Court, City Sessions Court, Calcutta in Criminal Appeal No. 2220/97 affirming the judgment and order dated 26.04.2010 passed by the learned Metropolitan Magistrate, 14th Court, Calcutta in G.R. Case No. 2220 of 1996 (T.R. 65/13) convicting the petitioners for offence punishable under Section 120B of the Indian Penal Code and under Sections 419/420/468/471 of the Indian Penal Code and sentencing to suffer simple imprisonment for two years and to pay a fine of Rs. 2000/- each, in case of default, to suffer simple imprisonment for one month for the offence under Section 419 of the Indian Penal Code, to suffer simple imprisonment for three years and to pay a fine of Rs. 2000/- each for commission of offence punishable under Section 420/468/471 of the Indian Penal Code and to suffer simple imprisonment for six months and to pay a find of Rs. 2000/- for the offence punishable under Section 120B of the Indian Penal Code, all the sentences to run concurrently. The prosecution case against the petitioners, namely, Purnendu Bagani in C.R.R. No. 446 of 2013 and Sandip Ghosh in C.R.R. No. 1942 of 2013 is that they entered into a conspiracy with one Hari Sankar Chaturvedi, the then Branch Manager of Bharat Oversees Bank, Dalhousie Square Branch and one Dibyendu Kr. Ghosh, and pursuant to such conspiracy, Purnendu Bagani posed himself as J. Chakraborty and submitted a forged letter dated 24.01.1995 (Exhibit-G) allegedly issued by Controller of Stores, South Eastern Railway, Garden Reach, Kolkata requesting the Area Sales Manager, TISCO to refund an outstanding amount lying to the credit of South Eastern Railway and another letter dated 27.01.1995 (Exhibit-H) authorizing the said J. Chakraborty to collect the cheque in question on behalf of South Eastern Railway and on the strength of the said forged letters induced TISCO Limited to part with a cheque bearing No. 635707 dated 25.01.1995 for Rs. 48,163,41.73 in favour of South Eastern Railway.

(2.) Thereafter, Sandip Ghosh impersonating as one A.K. Samanta, opened an account vide No. 2748 in Bharat Oversees Bank, Dalhousie Square Branch, Kolkata in the name of South Eastern Railway, Garden Reach, Kolkata on the strength of forged letters dated 27.01.1995 purportedly issued by one A.K. Mukherjee, Controller of Stores, South Eastern Railway authorising one fictitious A.K. Samanta to open and operate the account on behalf of the South Eastern Railway. Thereafter, the aforesaid cheque was deposited and encashed in the said account and Sandip Ghosh obtained a cheque book containing 50 leaves in respect of the said account.

(3.) Utilising the said cheque book, accused Sandip Ghosh pretending as one S. Samanta withdrew a sum of Rs. 1,25,000/- from the said account. Thereafter, Bagani pretending as one Bimal Roy sought to withdraw a sum of Rs. 8,00,000/- from the said account but the said cheque was dishonoured and the remainder of the amount was kept in a fixed deposit bearing no. 0178887/SDR/58/95 dated 19.05.1995 for 46 days.