The High Court
Case Details
IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Appeal (S.J.) No. 659 of 2009 R. Rama Koteshwar Rao … Appellant The State of Jharkhand - Versus - ------ ... … Respondent CORAM: - HON’BLE MR. JUSTICE AMBUJ NATH
Legal Reasoning
For the Appellant For the Resp.-State : Mr. Ravi Prakash, Spl.P.P. ----- : Mr. Peeyush Krishna Choudhary, Advocate 05/08.09.2023 Heard the parties. --- 2. The appellant has filed this criminal appeal against the judgment of conviction and order dated 06.06.2009 (sentenced passed on 09.06.2009), passed by Sri Raghubar Dayal, learned Additional Sessions Judge-cum-F.T.C.-III, Jamshedpur in connection with S.T. No.201/1999 arising out of Bistupur P.S. Case No.177/1998 (G.R. No.1368/1998), holding the appellant guilty for the offences under Sections 409/420/467/468/472 of the Indian Penal Code and thereby sentencing him to undergo R.I. for seven years alongwith fine of Rs.10,000/- for offence under Section 409 of the Indian Penal Code, R.I. for five years alongwith fine of Rs.5,000/- for offence under Section 420 of the Indian Penal Code, R.I. for seven years alongwith fine of Rs.10,000/- for offence under Section 467 of the Indian Penal Code, R.I. for five years alongwith fine of Rs.5,000/- for offence under Section 468 of the Indian Penal Code and R.I. for five years alongwith fine of Rs.5,000/- for offence under Section 472 of the Indian Penal Code, in default of payment of fine, he was further directed to undergo R.I. for six months. All the sentences were ordered to run- concurrently. 3. The prosecution case was instituted on the basis typed report of the informant Shyamal Kumar Sinha who was Senior Branch Manager, Indian Bank alleging therein that during the intervening night between 05.07.1998 and 06.07.1998, Indian Bank had caught fire. Some of the document were burnt. During the verification, it was found that a leaf of draft register was torn. It further transpires that leaf of draft book bearing No. 018037 was also missing. Subsequently it transpired that the said draft was fraudulently prepared in the name of wife of the petitioner namely Laxmi Gangapati and money was encashed from Bank of Baroda -2- at Rourkella Branch on 13.06.1998. This draft was to the tune of Rs.7,00,000/-. It further appears that during enquiry it transpired that the petitioner had fraudulently withdrawn more than Rs. 3 crores by preparing forged draft in the name of his wife and share companies. 4. In order to prove its case, prosecution has adduced both oral and documentary evidence. The learned Trial Court has come to a concurrent finding regarding the guilt of the petitioner. 5. From perusal of the oral testimony of the prosecution witnesses, it appears that the informant Shyamal Kumar Sinha P.W.1 has supported the prosecution case that during the intervening night between 05.07.1998 and 06.07.1998, Indian Bank had caught fire. Some of the document were burnt. During the verification, it was found that a leaf of draft register was torn. It further transpired that leaf of draft book bearing No. 018037 was also missing. Subsequently it transpired that the said draft was fraudulently prepared in the name of wife of the petitioner namely Laxmi Gangapati and money was withdrawn and was encashed from Bank of Baroda at Rourkella Branch on 13.06.1998. This draft was to the tune of Rs.7,00,000/-. He has further stated that the petitioner has confessed his guilt in writing. He proved his confessional statement, which is Exhibit-2. He has further stated that he conducted enquiry and submitted an enquiry report, holding the petitioner guilty for fraudulently withdrawing money by using forged bank draft. He has proved his enquiry report, which is Exhibit-3. He has further proved the seizure list relating to the seizure of the bank register, D.D. Register and attendance register, which are Exhibit-4. This witness has been cross-examined at length. In his cross- examination, he has stated that petitioner has fraudulently prepared 14 forged drafts of Rs.3 crores and has misappropriated the said amount. This witness has been re-examined and has stated that during course of enquiry, it has transpired that the petitioner has used 14 forged draft to fraudulently withdraw more than Rs.3 crores from the Bank. He has stated that account of co-accused J.P. Singh was also in this Bank and money was transferred in his account, but pages from his account statement were torn. 6. Om Prakash Ambast P.W.2 and Sachidanand Patro P.W.4 have proved the forged bank draft, which was prepared by the petitioner for -3- fraudulently withdrawing money from the Indian Bank, these are Exhibit- 5 series. Both these witnesses have not been cross-examined on this point. Shyamal Kumar Bandopadhayay P.W.7 has stated that after the petitioner was apprehended, he was brought to the Indian Bank, Bistupur Branch and on his pointing out several documents and blank demand drafts were recovered. He has further stated that the office of co-accused J. P. Singh was also raided from where several shares of different companies were recovered. He has adduced the seizure list in evidence, which is Exhibit- 12. 7. Binod Kumar Soota P.W.9 was the Assistant G.M. of the Indian Bank at the time of occurrence. He was posted as Chief Manager, Zonal Office of Indian Bank at Connaught place, New Delhi. He has stated that on 04.08.1998, Jamshedpur police has come and seized demand drafts, which was issued from Indian Bank, Jamshedpur Branch. Satender Prasad P.W.10 is the Investigating Officer, he has proved the seizure list with regard to documents seized from the office of J. U. Mansukhani & Company, Bahadur Sah Zaffar Road, New Delhi-2. This seizure list has been marked as Exhibit-16. In his cross-examination, he has stated that from the statement of J.U Mansukhani, the petitioner had invested huge amount of money in his company for purchasing shares. J. U. Mansukhani has been examined P.W.3. He has also supported this fact in his deposition. 8. From perusal of documentary evidence, it transpires that 14 demand drafts, which were forged by the petitioner in the name of several stock brokers and in the name of his wife were seized. By virtue of which, it appears that Rs.3 crores were fraudulently withdrawn from the Bank and were invested for purchasing shares in the company from various brokers. These demand drafts were seized during the course of investigation and were adduced in the evidence. 9. From the aforesaid fact, it is apparent that the petitioner had fraudulently withdrawn about Rs.3 crores from Bistupur Branch of Indian Bank and has invested in several share companies. The prosecution has been able to prove both by oral and documentary evidence regarding the -4- guilt of the petitioner for the offences under Sections 409, 420, 467, 468, 472 of the Indian Penal Code. 10. The sentence passed by the learned Trial Court is proportionate to the gravity of offences and does not require any interference. 11. This Criminal Appeal (S.J.) is dismissed.
Decision
12. Pending, I.A., if any, stands disposed of. Jay/- (Ambuj Nath, J.)