STATE OF MANIPUR Vs. WAREPAM KHOMDONBI SINGH

JUDGEMENT

(1.) These two revision petitions and the appeal arise out of the same ORDER dated 31.1.1984 passed by the learned Sessions Judge, Manipur at Imphal in Criminal Appeal No. 23(1) of 1983 and Criminal Appeal No. 3 (1) 1983 affirming the conviction of the petitioners under section 12-B, 465, 420, 419 and 468 of IPC passed by learned Chief Judicial Magistrate (Central), Manipur in case No. Cri. 148/77. All the aforesaid revision petitions and appeal being heard together this ORDER will govern the aforesaid two revision petitions and the appeal.

(2.) In order to appreciate the contentions of the learned counsel for the petitioners, it is necessary to get out the relevant facts. On 5.7.1977 at about 3.30. P.M. PW - 3 K. Ibomcha Singh, who is the Asstt. Manager of the State Cooperative Bank Ltd. detected that counter foil of the cheque leaf No. OC/39, 730271 the cheque Book which was given to the Manipur State Cooperation Bank Ltd. by the Manipur Branch of the State Bank of India was blank. So he at once asked the Head Cashier, Hira Singh to ascertain the matter from Khomdonbi Singh, the dealing Assistant and handed-over the said cheque Book to him. But Th. Rira Singh informed him (P.W.3) that Khomdombi Singh was not available in the Bank premises. K. Ibomcha Singh then phoned the State Bank Assistant K. Ibomcha Singh and requested him to check up whether that particular cheque leaf counter foil of which was found blank was encashed or not. He also furnished the particulars of that cheque and after sometime he came to know from E. Tombi Singh that the aforesaid cheque bearing No. OC, 39, 730271 was encashed on 5.7. 1977 for a sum of Rs. 1,50,000/-

(3.) On receipt of this information the Head Cashier and some other staff at once rushed to the Manipur Branch of the State Bank of India and ascertained on enquiry that the signatures of Assist. Manager and Head Cashier, Smt. Binodini Devi were forged and thereby the cheque was encashed. On coming to know from Head Cashier, Binodini Devi that the aforesaid cheque was encashed by forging their signatures, the Asstt. Manager, K. Ibomcha Singh reported the matter orally to the General Manager Brajmani Singh (PW 1) about the encashment of the said cheque leaf by forging the signatures of him and Smt. Binodini Devi.