SIVVAM SESHA Vs. REPUBLIC OF INDIA

JUDGEMENT

(1.) ORDER :- In this petition under Section 401 of the Code of Criminal Procedure, the petitioner Sivvam Sesha Chalapati Rao, assails the Judgements of the Courts below holding him guilty of the charges under Sections 420/511 and 467 and 471, Indian Penal Code, and sentencing him to undergo R.I. for one year under Sections 420/511, I.P.C. and a further period of two years' RL on each count under Sections 467 and 471, I.P.C., all the sentence to run concurrently.

(2.) The case was initiated on the report submitted by the Asst. Controller of Accounts; Shri L.K. Das (P.W. 14) stating therein, inter alia, that on 30th of March, 1974 at about 10.30 A.M. the accused who vas the Head Asst, of the Designs Department of the Rourkala Steel Plant approached him in his Office saying that he had brought the Bill of Belaji Printing Press and requested him for immediate payment, but the informant directed him to present the Bill to the Office. The Office Assistant after receiving the Bill consulted him if it could be passed on that day as that was the last day of the Financial Year. The accused again approached the informant and reiterated his request for passing the Bill immediately so that he could connect the cheque from the payment counter. At the time of final checking of the Bill it was found that the amount was heavy, more than Rs. 20,000/-. The accused was informed that it required further examination. When the concerned Department which had purportedly passed the Bill was consulted, the assistant of the said Department denied to have passed any such Bill of Balaji Printing Press. Thereafter the report was submitted to the Plant-Site Police Station, Rourkela.

(3.) The investigation which was initiated by-the local police was completed by the C.B.I., In course of investigation, it was found that the accused was having the Printing Press under the name and style of Sri Balaji Printing Press under the proprietorship of his wife. Smt. Madhabilata Patnaik since 1970. It was further revealed that taking advantage of his official position as Head Asst. in Hindusthan Steel Ltd., Rourkela the accused used to get orders for supply of materials by the said Press. In the year 1974 he forged the writings of various officials of the Steel Plant and presented a faked bill amounting to Rs. 20,330/- to the Asst. Controller of Accounts for payment along with the necessary papers on 30th March, 1974. The investigation further disclosed that the Steel Plant Authorities never placed orders for supply of tracing paper for which the bill was submitted and all the papers filed along with the bill were forged. At the close of investigation, the Investigating Officer submitted charge-sheet against the accused for committing the offences under Sections 420/511 and 467 and 471, I.P.C.