UMA SHANKAR MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) As both the parties have appeared and lower court records are available, as such vide order dtd. 27/11/2018 it has been taken up for final disposal at the time of admission stage itself and both the parties have been heard.

(2.) This revision application is directed against the judgment and order dtd. 20/8/2018 passed by Sri Sanjay Kumar Singh, Additional Sessions Judge-IX, East Champaran, Motihari in Cr.Appeal No. 28 of 2018, whereby and whereunder he has dismissed the appeal filed by the petitioners and affirmed the judgment and order dtd. 17/4/2018 passed by the Chief Judicial Magistrate, East Champaran, Motihari in connection with Complaint Case No. 1477 of 2013, corresponding to T.R.No. 986 of 2016, by which both the petitioners have been held guilty for the offences punishable under Ss. 406/120B of the Indian Penal Code and awarded simple imprisonment for one year and further held guilty under Sec. 420 IPC and awarded simple imprisonment for three and a half years, including a fine of Rs.10,000.00 each and also convicted both the petitioners under Ss. 467, 471 and 120B IPC for five years simple imprisonment and a fine of Rs.10,000.00 each and under Ss. 468, 471/120B IPC, S.I. for 3.5 years and fine of Rs.10,000.00 each and all the sentences were directed to run concurrently and the period undergone during trial and investigation would be set off from the period of quantum of punishment under the proviso of Sec. 428 Cr.P.C.

(3.) Prosecution case, in brief, is that the complainant filed a complaint petition on the basis of registered power of attorney dtd. 24/5/2013 (Ext.3/B) executed by Sri Chitranjan Mukharjee and Swastika Banerjee in favour of the complainant and on that basis the present case is being filed by complainant. Further case is that both the Chitranjan Mukharjee and Swastika Banerjee along with Manjari Mukherjee (since died) were residents of Calcutta (West Bengal) and they had jointly executed power of attorney on 26/9/2011 (Ext.3) in favour of petitioner No.1 Uma Shankar Mishra to look after, to manage and to sell the properties of landlords, i.e., Chitranjan Mukherjee, Swastika Banerjee and Manjari Mukherjee. Further case is that one of the landlords Manjari Mukherjee has died on 6/12/2018 at Calcutta and therefore remaining landlords Chitranjan Mukherjee and Swastika Banerjee executed another registered power of attorney on 21/12/2012 (Ext. 3/A) by rectifying the previous power of attorney dtd. 29/6/2011 (Ext.3) in favour of petitioner No.1 Uma Shankar Mishra whereby the valuable land situated in the Madhubani Chhawan Chowk, Motihari was handed over to look after, to control and to right to sell to intending purchaser or purchasers and in paragraph-2 to power of attorney dtd. 29/6/2011 and 21/12/2012 it has been specifically described that to receive from the intending purchaser any earnest amount or only consideration money by cheque or Bank Draft in their names and deposit the same in their Bank Account and to give receipt for the same which will protect the purchaser or purchasers.