STATE OF MIZORAM Vs. LATHANKIMA AND ANR.

JUDGEMENT

(1.) Heard Mr. N. Sailo, learned P.P., for the State of Mizoram and Mr. C. Lalramzauva, learned counsel for the respondents.

(2.) This appeal has been preferred against the judgment and order dated 14-7-1998 passed by the learned Additional District Magistrate (A) (for short "ADM") in connection with G.R. No. 847 of 97 acquitting the respondents from the charges under Sections 420/468/471/472 Indian Penal Code.

(3.) The prosecution case briefly stated is that the Chief Manager, State Bank of India, Main Branch Aizawl on 19.6.97 lodged an F.I.R. with Aizawl Police Station which was registered as Aizawl P.S. Case No. 286/97 under Sec. 420 Indian Penal Code alleging that the Respondent No. 1, Shri Lalthankima wrongfully obtained the payment of Draft dated 20.6.94 for Rs. 3,00,000.00 issued by the State Bank of Indore, Janakpuri, New Delhi from Aizawl on 2.8.94 by presenting the instrument through Mizoram Apex Bank, Aizawl for credit to his account No. 283/3 with Apex Bank. It was also stated therein that the Draft amount was paid to the correct of beneficiaries i.e., Alternative Rural Development and Welfare Society on 12.12.94 and the payment which was wrongly received by the Apex Bank through the Respondent No. 1 was released by them on 1.8.95 from the Apex Bank Account.