SRIKANTA PATTANAIK Vs. REPUBLIC OF INDIA

JUDGEMENT

(1.) THE petitioner has preferred this revision challenging the judgment and order of learned Addl. Sessions judge, Bhubaneswar in Criminal Appeal no. 3 of 1997 confirming the judgment and order of conviction passed by Addl. C. J. M. Bhubaneswar in S. P. E. Case No. 8 of 1989 convicting him U/ss. 420,468,471 and 120b of the I. P. C. and sentencing him to undergo r. I. for two years u/s. 420, IPC; two years u/s. 468 read with Section 471, IPC and to pay a fine of Rs. 3000/- under Section 420, i. P. C. and Rs. 3,000 for the offence u/s. 468 read with Section 471, IPC and in case of default of payment of fine, the accused is to undergo R. I. for three months more on each count.

(2.) THE case of the prosecution in brief is that one Akhila Chandra Naik was working as an Accountant in the State Bank of india, Panpos Branch, Rourkela. In absence of Branch Manager, he was also performing the duty of Branch Manager. While the said Akhila Chandra Nayak was working as Branch Manager, one Jalandhar Bal was working as Cashier, Srikanta Patnaik as cashier-cum-clerk and one Suleman Kujuru was working as cashier in the said Branch during the period between August, 1984 and december, 1985. During that period one Sri sukhalal Bhumji and his wife Smt. M. Bhumji opened an account bearing S. T. D. R. Account No. 292528 on 24. 4. 1979 for Rs. 20,000 in the said Panpos Branch. The said amount was to be matured on 20. 9. 1984. Before maturity of the aforesaid amount, the account holders obtained a loan of Rs. 1,500 from the said account on 17. 10. 1986 and the loan amount was repaid within two months by Sri Bhumji. When the said S. T. D. R. got matured on the due date and the account holders did not turn up to receive the matured amount, a cheque for Rs. 17,607,09 was prepared in the said Bank on 20. 9. 1984 and was sent to the account holders. But the same returned back undelivered and was kept in the bank. Thereafter the deceased accused Akhila Chandra Naik opened one fictitious S. B. Account No. 2923 in the name of Sukhlal Bhumji, the previous account holder by crediting the amount under the undelivered cheque. The accused srikanta Patnaik became the introducer for opening of the said account. In absence of the regular Branch Manager, the deceased-accused preparing false vouchers withdrew rs. 17,500 on three different dates. Accused jalandhar Bal made payment of Rs. 2000 and Rs. 500 to the accused petitioner by mentioning the name of the payee in the related cash payment register as "behera saheb" and "b. M. " respectively. As regards payment of Rs. 15,000, on 24. 1. 1985 accused s. Kujuru made the payment to deceased accused and mentioned the name of the payee as "s. Bhumij" in cash payment register. During course of investigation the IO sent the L. T. Is purporting to be of Sri S. Bhumij and Smt. M. Bhumij appearing on the account opening form, the specimen signature card and withdrawal vouchers to the finger print expert and after completion of investigation and on receipt of the opinion from the said expert, the IO submitted the present charge sheet u/ss. 120b, 420, 467, 471 and 468, IPC against the accused persons and hence the case.

(3.) IN order to substantiate its case the prosecution has examined as many as 9 witnesses and exhibited several documents and the defence examined two witnesses in support of their case. After investigation, separate charge-sheet was submitted in respect of various transactions. The allegation against the petitioner is that he has identified the account holders of the S. B. Account opened by Shri Naik. The allegation against the two other accused persons is that they paid the amount in cash to accused Shri naik in respect of various withdrawals from the said Savings Bank Account which was fraudulently opened by accused Shri Naik.