PRATAP KESHARI PATNAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) The petitioner Pratap Keshari Patnaik faced trial in the Court of learned Judicial Magistrate First Class, Bhubaneswar in G.R. Case No.685 of 1985 (Trial No.161 of 1988) for offences punishable under sections 465, 468, 471 and 420 of the Indian Penal Code. The learned Trial Court vide impugned judgment and order dated 15.12.1992 found the petitioner guilty of the offences charged and sentenced him to undergo R.I. for one year under section 465 of the Indian Penal Code, R.I. for one year and to pay a fine of Rs.2000/- (rupees two thousand), in default of payment of fine, to undergo R.I. for two months under section 468 of the Indian Penal Code, R.I. for one year and to pay a fine of Rs.2000/- (rupees two thousand), in default of payment of fine, to undergo R.I. for two months under section 471 of the Indian Penal Code and R.I. for one year and to pay a fine of Rs.1000/- (one thousand), in default of payment of fine to undergo R.I. for one month under section 420 of the Indian Penal Code and the substantive sentences of imprisonment were directed to run concurrently. The petitioner preferred an appeal in the Court of Session which was heard by the learned 2nd Additional Sessions Judge, Bhubaneswar in Criminal Appeal No.25/3 of 1997/93 and the learned Appellate Court vide impugned judgment and order dated 06.04.1998 acquitted the petitioner of charges under sections 465 and 471 of the Indian Penal Code, however upheld the conviction and sentence awarded by the learned Trial Court under sections 468 and 420 of the Indian Penal Code.

(2.) The prosecution case as per the First Information Report submitted by Govinda Chandra Patra, Branch Manager, State Bank of India, Vani Vihar Branch, Bhubaneswar before the Inspector in charge, Saheednagar Police Station, Bhubaneswar on 08.04.1985 is that the cheque bearing no.0118887 dated 23.11.1994 of Rs.50,000/- (rupees fifty thousand) drawn on Indian Overseas Bank, Saheednagar Branch in favour of the Registrar, Utkal University, Bhubaneswar was deposited by the University at the Branch for credit into the Account No.II of the University. The cheque was presented to Indian Overseas Bank, Saheednagar for clearing through the Bhubaneswar Main Branch. It is the further prosecution case as per the First Information Report that on receipt of the credit advice on 15.01.1985, the petitioner who was working as Clerk -cum- Typist of Vani Vihar Branch and was handling the transactions credited Rs.50,000/- (rupees fifty thousand) i.e., proceeds of the cheque in question in the four accounts instead of the Utkal University account and thereby misappropriated the amount fraudulently by preparing fake vouchers. As per the First Information Report, the concerned four accounts are:

(3.) On the basis of such First Information Report, the Inspector in charge, Saheednagar Police Station registered Saheednagar P.S. Case No.140 of 1985 under sections 420, 409 and 468 of the Indian Penal Code and directed P.W.8 Narayan Bisi, Sub-Inspector of Police, Saheednagar Police Station to take up investigation of the case. During course of investigation, the investigating officer examined the witnesses, visited the spot, seized the relevant documents in presence of the witnesses. He arrested the petitioner and forwarded him to Court on 11.04.1985. Subsequently P.W.6 K.S. Kawar, Sub-Inspector of Police, Saheednagar Police Station took up charge of investigation of the case. The specimen signatures and handwritings of the petitioner were taken and sent to S.F.S.L., Rasulgarh and on completion of investigation, charge sheet was submitted on 24.11.1987 against the petitioner under sections 468, 471 and 420 of the Indian Penal Code.