SACHIDANAND PRASAD Vs. EMPEROR

JUDGEMENT

(1.) The appellant Sachchidanand Prasad has been convicted under Section 467, I.P.C, on a trial held by, the Assistant Sessions Judge of Patna, and a jury of five. The jury returned a unanimous verdict of guilty, and the appellant has been sentenced to undergo rigorous imprisonment for five years. The appellant whose age is given as 19 or 20 was employed as a probationary clerk in the Traders Co- operative Bank, Muradpore, Patna. Pandit Chandradutt Trivedi, who is the Head Pandit in the Ram Mohan Roy Seminary, opened a Savings Bank Account with this bank on 22 January, 1930. Deposits and withdrawals were made by him from time to time.

(2.) His evidence is that his practice was whenever he had occasion to make a deposit or withdrawal to go personally to the bank taking his pass book with him and getting his pass book entered up. He went on 25 May 1932, and drew Rs. 500. Prior to this the last previous transaction was a deposit by him of Rs. 200 made on 4 April 1932. On that occasion the pass book was written up and showed a credit balance of Rs. 963-11-0 The Pandit therefore expected that his pass book after drawing Rs. 500 on 25 May would show a credit balance of Rs. 463-11-0. Instead he found a balance shown of Rs. 113-11-0 only and found debit entries made in the pass book representing withdrawals of Rs. 100, dated 20 January 1932, and Rs. 250, dated 21 March 1932.

(3.) He called for the withdrawal application forms and on being shown to him he at once repudiated the signatures, he interviewed the manager that evening and made a written complaint to the manager the following day. The manager asked him to call again after two or three days. He was dissatisfied and thought that he was being put off. On 27 May he lodged a written information at Pirbahore police station which led to the arrest of the appellant on 10 June 1932. After taking the opinion of a handwriting expert the police submitted charge sheet on 30 August 1932, and the accused was committed for trial on 5 November 1932.