URMILA DEVI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Whether approved for reporting?1 Yes For the Petitioners : Ms. Megha Kapoor Gautam, Advocate.

(2.) The facts, apposite to adjudicate the matter traces its origin from a complaint filed by the Deputy Commissioner-cum- Collector, Kangra at Dharamshala, against late Chand Swaroop Patarwal and a Bank Manager, for commission of offences punishable under Sections 420 and 120-B of the Indian Penal Code. The complaint stated that Chand Swaroop Patarwal, who was posted in the Office of the complainant, opened a bank account No.10335-76 in the name of Collector, Kangra District at Dharamshala. Such bank account was opened with the Kangra Central Co-operative Bank. A Special Purpose Vehicle Account (hereinafter referred to as 'S.P.V.A.') was opened to collect the cheques from the Land Acquisition Officer, Talwara and to credit the same into the aforementioned account. The Land Acquisition Officer, was paying compensation to the oustees of Pong Dam through this account. The Collector had authorized Shri Chand Swaroop Patarwal, who was posted as Pong Dam Assistant to collect the cheques from the Land Acquisition Officer, Talwara and deposit the same in the above mentioned S.P.V.A.

(3.) On September 25th, 2000, a passbook of account No.10513-78 alongwith LR claim was presented to the Office of Pong Dam Assistant by the bank officials in order to verify whether it was a personal account, from which it was noticed that the passbook was in the name of Pong Dam Assistant, which contained entries to the tune of Rs.19,12,613/- on a particular date i.e. 7 th January, 1998. This led to inspection of account of Land Acquisition Officer, Talwara. The inspection transpired that a cheque No.514977 dated 26.12.1997, drawn on State Bank of India, Talwara amounting to Rs.19,12,613/- was issued by Land Acquisition Officer, Talwara in favour of the Collector Kangra District at Dharamshala on account of compensation of Shamlat land. Shri Chand Swaroop Patarwal had received this cheque and instead of depositing it in the S.P.V.A. of Collector Kangra, i.e. Account No.10335-76, he in-connivance with the bank officials of Kangra Central Co-operative Bank, miss-appropriated the entire amount alongwith interest accrued upon it, except Rs.10,943/-. It came in the inquiry that the role of the officials was confined to opening of the bank account and depositing of the cheques in the forged account No.10513-78.