PROMODE RANJAN CHOUDHURY Vs. STATE

JUDGEMENT

(1.) THIS is an appeal by Promode Ranjan Choudhury, the ex -nazir -cum -cashier of the District Court, Tripura in the third sessions case against him in the series of sessions cases, which are being tried by the Sessions Judge in respect of defalcations which were detected by the Resident Auditor in the course of his inspection of the District Court accounts in April, 1959.

(2.) THE first contention raised by the appellant was one of law namely, that even granting that the inflation's of the figures of the amounts in Exts. P -3 P -15 and P -22 were proved, the charges framed against him did not show that he has cheated anybody and further that the evidence let in by the prosecution and particularly the evidence of P. W. 5, the Treasury Accountant and P. W. 11, the Treasury Officer, did not show that the Treasury Officer as stated in the charge, had really been deceived and that therefore the charges under Section 420 I.P.C. will not stand against the appellant.

(3.) THE three charges framed against the appellant in the Sessions Court were similar and only the documents and the amounts involved varied. The three charges were to the effect that the appellant as nazir -cum -cashier of the District Court fraudulently inflated the amounts in the Treasury copies of the three payment orders by making interpolations therein after they were signed by the District Judge and thereby dishonestly induced the Treasury officer to pass orders for payment in respect of the inflated amounts and in consequence dishonestly induced the State Bank or India to deliver the money to the appellant through the peons concerned and that the appellant converted the excess amounts to his own use and thereby committed offences punishable under Section 420 I.P.C.