ARUNAVA MITRA Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) The present appeal has been preferred against a judgment of conviction dated 30th of January, 2018 and order of sentence dated 31st of January, 2018, passed by the Learned Special Court, C.B.I. at Alipore, South 24 Parganas in Special Case No. 09 of 1999, corresponding to R.C. Case No. 5(E) of 1997, thereby convicting the present appellant for committing offences punishable under Sec. 420 of the Indian Penal Code 1860 and sentencing him to suffer imprisonment for two years and to pay a fine of Rs.25,000.00 in default to suffer simple imprisonment for six months for the offence under Sec. 420 of the Indian Penal Code, 1860.

(2.) The appellant's case is that the appellant had been placed on trial before the court of the Learned Special Court, C.B.I. at Alipore, South 24 Parganas, in Special Case No. 09 of 1999, corresponding to R.C. Case No. 5(E) of 1997; to answer the charges pertaining to commission of offences punishable under Sec. 477A/120B of the Indian Penal Code 1860 and Sec. 13(2) of the Prevention of Corruption Act 1988. The said case arose out of R.C. Case No. 5(E) of 1997, which in turn had been registered for investigation on the basis of a written complaint made by one Mr. B.K.Dhir (examined as prosecution witness No. 17) with the C.B.I.

(3.) The prosecution case, as brought by way of the said written complaint, is to the effect that on 18/2/1997 the Regional Manager of Allahabad Bank, informed the Joint Director, CBI about the perpetration of fraud by way of issuing fake banker's cheque by Allahabad Bank, Southern Avenue Branch. It is contended that Senior Manager, Assistant Manager, Special Assistant of that bank, in furtherance of criminal conspiracy caused fraudulent transactions by way of Banker's Cheque. It was contended that from January 1995 to January 1996 Senior Manager fraudulently and dishonestly issued Banker's Cheque without consideration, with active connivance of other official of the branch, who countersigned the instruments.