BIMAL KUMAR MONDAL Vs. STATE

JUDGEMENT

(1.) By the application under section 482 of the Code of Criminal Procedure the petitioner Bimal Kumar Mondal has sought quashing of proceeding of GR Case No. 60 of 2003 arising out of Suri Police Station Case No. 24 of 2003 dated 4.2.2003 under sections 467/ 468/471/420/120B of the Indian Penal Code pending before the Court of the learned Sub-Divisional Judicial Magistrate, Suri, Birbhum.

(2.) The facts anterior to filing of the instant application may briefly be narrated thus :- Suri Police Station Case No. 24 of 2003 dated 4.2.2003 under sections 467/468/471/420/120B of the Indian Penal Code was initiated on the basis of the FIR lodged by Debasish Som, Assistant Superintendent of Post Offices, Birbhum Division, Suri, Birbhum with the Officer-in-Charge, Suri Police Station on 4.2.2003.

(3.) It has been alleged inter alia by the de facto complainant in the FIR that 62 KVPs bearing No.5/KVP 35BB 949007 to 949068 of denomination of Rs.5,000/- each, having the total face value of Rs.3,10,000/-, had been encashed fraudulently from Suri Head Post Office on 31.1.2003 on payment of Rs.6,20,000/- which was,the total value on maturity and the said amount of Rs.6,20,000/- was shown to have been paid to one Bhola Nath Dutta of village Islampur-Dubrajpur, Birbhum. The departmental enquiry was conducted and it was revealed that the said certificates were purported to have been issued from Kalipahari Sub- Post Office under Asansol Head Post Office, District Burdwan in the name of B.N. Dutta, Asansol on 15.7.97 and the date of maturity of those certificates was 15.1.2003. As unfolded in the FIR, to take payment on expiry of 5 1/2 years one Sri B.N. Dutta (Bhola Nath Dutta) presented the fake certificates at Suri Head Post Office on 13.1.2003 along with the written application desiring to encash those certificates from Suri Head Post Office. From the endorsement made by Sri Ashok Mukherjee, the then Assistant Post Master, Suri Head Post Office in the said application it appears that the said application was sent to the Sub-Post Master, Kalipahari Sub-post Office under registered post on 13.1.2003. From further endorsement appearing in the said application it appears that the Sub-Post Master, Kalipahari Post Office verified the authenticity of those certificates under his signature, date and stamp which had been received by Suri Head Post Office through registered letter No. 5249 dated 21.1.2003. The value of those certificates payable on maturity had been paid to the said person named as holder of those certificates by Sri Biswanath Saha, the counter Postal Assistant of Suri Head Post Office on 31.1.2003 under the pay order issued by Joynal Abedin, the then Assistant Post Master, Suri Head Post Office as per requisition of cash made by Sri Jagadish Patra who worked as the Assistant Post Master, Suri Head Post Office on 29.1.2003 without any local enquiry as to identification of the payee as per the rules of the department. The said payment was made in violation of the rules requiring such payment by cheque. The aforementioned payment was made on identification recorded by Sri Chittaranjan Mazumdar residing at near Police Line, Jatrik Club, Suri, Birbhum who was an authorised agent of Small Savings Scheme attached to Suri Post Office.