PARTHA SARTHY BANERJEE Vs. STATE OF BIHAR

JUDGEMENT

(1.) Appellant No. 1, Partha Sarthy Banerjee (P.S. Banerjee) has been convicted and sentenced to undergo simple imprisonment for four years under each of the sections 409, 420 and 120-B read with Section 420 of Indian Penal Code read with section 5(1)(d) of the Prevention of Corruption Act, simple imprisonment for two years under each of the sections 467, 471 read with sections 467 and 477-A of the Indian Penal Code and simple imprisonment for four years and to pay a fine of Rs. 45000/-, in default, to undergo further simple imprisonment for one year under section 5(2) read with section 5(1)(d) of the Prevention of Corruption Act. Appellant No. 2, Bina Banerjee (wife of appellant No. 1), has been convicted and sentenced to undergo simple imprisonment for four years under each of the sections 420 and 120-B read with section 420 of the Indian Penal Code and two years under each of the sections 411 and 467 read with section 471 of the Indian Penal Code by judgment and order dated 30-8-1979 passed by the Special Judge (C.B.I.), Patna. The sentences have been ordered to run concurrently.

(2.) On 9-11-1972 S. C. Maitra, Manager of Patna Branch of United Commercial Bank Ltd. (hereinafter referred to as the Commercial Bank), P.W. 34, sent a typed report (office copy Ext. 25/6) to the Officer-in-charge, Kotwali police station, Patna, on the basis of which formal first information report (Ext. 1/2) was drawn by Rajendra Kumar, Sub-Inspector of Kotwali Police Station (not examined) and a case was registered under sections 409 and 467 of the Indian Penal Code against appellant No. 1 and investigation was taken up. The aforesaid first information report was subsequently cancelled. V.R. Desai, Chairman of the aforesaid Bank (P.W. 28) sent a letter dated 13-12-1972 (Ext. 28/5) to the Deputy Inspector- General of Police, Central Bureau of Investigation (North) New Delhi for investigation of the matter mentioned therein on the basis of which first information report (Ext. 1) was drawn on 11-5-1973 by Nageshwar Prasad Sinha, Inspector of Central Bureau of Investigation (P.W. 22) and a case was registered against appellant No. 1 under sections 120- B/420/467/468/471/477A of the Indian Penal Code and section 5(2) read with section 5(1)(d) of the Prevention of Corruption Act and investigation was taken up by him. On completing the investigation and obtaining sanction for prosecution of appellant No. 1 (Ext. 29), chargesheet dated 14-10-1974 was submitted against both the appellants.

(3.) The prosecution case, in brief, is that appellant No. 1 while functioning as Special Assistant in the Commercial Bank, Exhibition Road, Patna, during the period from 31-5-69 to 4-11-72 entered into criminal conspiracy with appellant No. 2 and others to commit the offence of cheating and criminal misconduct and in pursuance thereof he fraudulently misappropriated a cheque book containing cheques from Serial No. 174901 to 174910 of his bank, forged two of the cheques Nos. 174901 and 174903 for a sum of Rs. - 3000/- and Rs. 7198/- respectively, passed the same for payment facilitating the deposit of the aforesaid amount in the Saving Bank Account No. 1584 of his wife (appellant No. 2) held in the United Industrial Bank Limited, Exhibition Road, Patna (hereinafter referred to as the Industrial Bank). As Special Assistant he was in-charge of Savings Bank Department of the bank and on 26-8-1972 a bunch of 50 cheque books were issued to him by the Chief Cashier which remained under his custody for issuing the same to the customers holding account in the said bank. He issued all the aforesaid cheques in between 5-9-1972 and 18-9-1972 except one cheque book containing the numbers mentioned above. Out of the above non-issued cheque book, two cheques bearing the aforesaid numbers 174901 and 174903 showed account numbers 4163 and 63 respectively. Account No. 4163 was standing in the name of Sri Sheo Prasad (P.W. 14) whose specimen signature filed with the Bank was in Hindi, whereas the signature on the cheque was in English as S. Prasad. On the aforesaid date, there was a balance of only Rs. 9.28 in his account which had remained non-operated for a long time. The other Account No. 63 Was in the name of one Smt. Suhasini Ghose which was closed on 18-6-1952. Cheque No. 174903 bore the signature of one K. Prasad. Appellant No. 1 had passed both the aforesaid cheques which were issued in favour of J.B. Banerjee and B. Banerjee respectively and the same were presented by the Industrial Bank through clearing on 12-9-1972 and 29-9-1972 respectively. He also prepared and sent a bogus credit advice of Rs. 9913.91 on 1-8-1972 to the aforesaid Industrial Bank facilitating and causing deposit of the said sum into the aforesaid account of appellant No. 2. He also made false entries and manipulated figures and writings in transfer scroll and other books of his bank by preparing false and fabricated vouchers on the basis of non-existent outward bills for collection and caused 9 managers cheques for a total sum of Rs. 28516.34 issued in favour of Industrial Bank. All amounts were credited to the aforesaid account of appellant No. 2. The bogus credit advice dated 1-8-1972 for the sum of Rs. 9913.91 was prepared, signed and sent by appellant No. 1 to the Industrial Bank on 2-8-1972 through peon book with an endorsement By amount of F.D.R. with interest transferred to your credit of Savings Bank Account No 1584 A/c Bina Banerjee with you under advice to beneficiary, though Bina Banerjee had no F.D.R. (fixed deposit) with the Commercial Bank and no request letter of her was received in the Commercial Bank for such a transfer. On the basis of the aforesaid advice, Industrial Bank credited the aforesaid amount to the aforesaid account of appellant No. 2. After each of the aforesaid fraudulent deposit in the aforesaid account of appellant No. 2, almost the entire amount used to be withdrawn by her on different dates. Thus, the amount withdrawn from her account were far in excess of the amount genuinely deposited in her account. During investigation it had come to light that several cheques and withdrawal forms issued by appellant No. 2 against her aforesaid saving bank account were found to be in the writings of appellant No. 1.