SMRITISH DUTTA Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) The revisional application is directed against the judgment and order dated 11.02.2011 passed in Criminal Appeal No. 54 of 2010 affirming judgment and order of conviction and sentence dated 30.04.2010 passed by learned Metropolitan Magistrate, 12th Court, Calcutta in G.R. Case No. 358 of 1996 arising out of Case No. RC 46/94 dated 13.07.1994 convicting the petitioner for commission of offences punishable under sections 420/468/471 of the Indian Penal Code and directing him to suffer simple imprisonment for three years and to pay fine of Rs. 5000/-, in default to suffer further simple imprisonment for three months for the commission of offence under section 420 IPC and to suffer simple imprisonment for three years and to pay fine of Rs. 5000/- in default to suffer further simple imprisonment for three months for the commission of offence under section 468 IPC and to suffer simple imprisonment for three years and to pay fine of Rs. 5000/- in default to suffer further simple for three months for commission of offence under section 471 IPC, all the sentences to run concurrently. R.C. Case No. 46/94 dated 13.07.1994 under sections 120B/420/467/468/471 of the Indian Penal Code and section 13(2) read with section 13(1)(d) of Prevention of Corruption Act was registered against the petitioner, one Arun Kumar Mitra, the then Administrative Officer and one Alok Mitra, the then Senior Assistant posted in Division-V of NIC Ltd. and others that they had entered into a criminal conspiracy to cheat Division-V of the NIC Ltd., Calcutta in the matter of Mediclaim Policies. Pursuant to the said criminal conspiracy a claim to the tune of Rs. 9,740/- was obtained in respect of Mediclaim Policy No. 8500509 dated 31.08.1990 in favour of the petitioner by preparing forged and fabricated false bills purportedly issued by one Southern Nursing Home, 86, Purnadas Road, Calcutta-29 and one Southern Clinical Laboratory, a fictitious firm. The cheque for the said amount was encashed by the petitioner through Dena Bank, Behala Branch causing a loss of Rs. 9,740/- to the NIC Ltd.

(2.) Pursuant to investigation, charge sheet was filed only against the petitioner under sections 420/468/471 of the Indian Penal Code. The aforesaid co-accuseds, namely, Arun Kumar Mitra and Alok Mitra were discharged and were shown as prosecution witnesses in the said charge sheet.

(3.) The Trial Court framed charges against the petitioner to the following effect: