AMRIT KAR Vs. STATE OF MANIPUR

JUDGEMENT

(1.) Entire proceeding of Criminal (P) 4 of 2011/219/2013, arising out of a case registered as FIR No.525(7) of 1987 Imphal P.S. u/s 468/420 of Penal Code is being sought to be quashed on the ground of denial of speedy justice to the petitioner infringing fundamental right as enshrined under Art. 21 of the Constitution of India. Before coming to the submission advanced on behalf of the parties the case of the prosecution needs to be taken notice of.

(2.) It appears that the then Branch Manager, Vijaya Bank, Imphal Branch lodged a written report on 28.7.1987 alleging therein that an account payee draft bearing No. 204/87 having its number as 024681 dated 5.3.19887 issued from Aizwal Branch of Vijaya Bank for Rs.86,400.00 in favour of one Doungliana was presented on 23.3.1987 by the beneficiary for its credit in his SB Account No.2522. On the same day, it was withdrawn by way of a loose cheque. Later one another such demand draft No.1 of 1987 issued by the same Aizwal Branch in favour of the same beneficiary was presented. Since some discrepancy was found with respect to DD Number, the matter was referred to Aizwal Branch for confirmation as to whether the same had been issued by the said Branch. Upon verification it was informed by the Aizwal Branch that the aforesaid two drafts had never been issued from the said Branch. However, they asked for photocopies of the said demand drafts. Accordingly, it was sent. Upon verification, it was reported that their branch does not have any concern with those demand draft numbers. Upon getting such information when verification was made, it was found that the concerned Register and Vouchers of the whole day was missing. It could also be detected that in the year 1984 also such type of draft had been encahsed by the said beneficiary. The voucher and the relevant register were also found missing. It could also be found that in the year,1986 said beneficiary had also withdrawn a sum of Rs.87,200 upon depositing a draft of the said amount. On such disclosure being made, the Branch Manager suspected conspiracy to a great deal and thereby submitted a written report upon which the case was registered.

(3.) During investigation it was found that amounts drawn from A/C No. 2522 on deposit of 4(four) demand drafts bearing Nos. 985/85 worth Rs.95,500.00, DD No. 3435/84 dated 18.9.1984 worth Rs.86,200.00, DD No. 204 of 1987 dated 5.3.1987 worth Rs.86,400.00 and one DD of 1986 of Rs.87,200.00 produced by the beneficiary, accused Dongliana, before the Imphal Branchof the Vijaya Bank shown to have been issued by the Aizwal Branch of the said Bank, were all forged which had never been issued by the Aizwal Branch, rather the same were found to have been missing from Saikul Branch.