The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK CRA No.275 & 284 of 2000 (From the judgment dated 25th October, 2000 passed by learned Special Judge(C.B.I.) Bhubaneswar in T.R. No.127/51 of 99/97). In CRA No.275 of 2000 Gopal Krushna Behera Republic of India … Appellant -versus- … Respondent Advocate(s) appeared in this case:- For Appellant : Mr. B.N.Mohanty, Advocate For Respondent : Mr. Sarthak Nayak, Advocate for C.B.I. In CRA No.284 of 2000 Bhagirathi Panda (dead) and another AND … -versus- Republic of India Appellants … Respondent Advocate(s) appeared in this case:- For Appellants
Legal Reasoning
: Mr.D.K.Dey, Advocate For Respondent : Mr. Sarthak Nayak, Advocate for C.B.I. CRA No.275 & 284 of 2000 Page 1 of 14 Signature Not Verified Digitally Signed Signed by: CHITTA RANJAN BISWAL Designation: Secretary Reason: Authentication Location: Orissa High Court, Cuttack Date: 26-Jun-2023 19:45:46 CORAM: JUSTICE B.P. ROUTRAY JUDGMENT 26th June, 2023 B.P. Routray, J. 1. Sole Appellant in CRA No.275 of 2000 and both the Appellants in CRA No.284 of 2000 were prosecuted in T.R.No.127/51of 1999/97 with accusations for commission of offences under Sections 419, 420, 468, 471 and 120-B of the Indian Penal Code along with Section 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988 in respect of the Appellant in CRA No.275 of 2000. All the Appellants have been convicted accordingly for all such offences they were charged with by learned Special Judge (CBI), Bhubaneswar and have been sentenced to undergo rigorous imprisonment for a period of one year along with fine for each such offence. Both the appeals being arise out of the same trial, are heard
Decision
together and disposed of by this common judgment. 2. Gopal Krushna Behera, the Appellant in CRA No.275 of 2000 is the Branch Manager of Chowki Branch of UCO Bank under Bhogarai CRA No.275 & 284 of 2000 Page 2 of 14 Signature Not Verified Digitally Signed Signed by: CHITTA RANJAN BISWAL Designation: Secretary Reason: Authentication Location: Orissa High Court, Cuttack Date: 26-Jun-2023 19:45:46 Police Station in the district of Balasore. The Branch Office of the Bank was functioning in the rented building belonging to Appellant No.1 (Bhagirathi Panda) in CRA No.284 of 2000. All the three Appellants entered into criminal conspiracy to defraud and cheat the Bank by advancing Agriculture Term Loan of Rs.20,000/- in the name of one Umarani Panda (P.W.8) and Rs.10,000/- in the name of another Bijaya Panda (P.W.7), both belonging to the same village of Chowki. Bhagirathi Panda and Debendra Kumar Panda, both Appellants in CRA No.284 of 2000 stood as guarantor in respect of Umarani Panda and Bijaya Panda respectively and furnished required documents accordingly. Gopal Krushna Behera, the Appellant in CRA No.275 of 2000 sanctioned and disbursed the loans through Savings Bank Account No.1515 & 1516 in the capacity of Branch Manager. Upon detection of the fraud subsequently, F.I.R. was lodged by the Inspector of C.B.I. on 12th August 1994, which was registered as R.C.No.50(A) of 1994 at Bhubaneswar. 3. The Appellants denied charges and pleaded their innocence. It is pleaded by Gopal Krushna that being the Branch Manager, he sanctioned and disbursed the loan amounts in the name of both CRA No.275 & 284 of 2000 Page 3 of 14 Signature Not Verified Digitally Signed Signed by: CHITTA RANJAN BISWAL Designation: Secretary Reason: Authentication Location: Orissa High Court, Cuttack Date: 26-Jun-2023 19:45:46 applicants upon proper verification of documents and those two applicants signed in his presence under guarantee of Bhagirathi Panda and Debendra Kumar Panda. These two other Appellants, who stood as guarantors for the loan amounts, pleaded that they had several transactions in said Branch of UCO Bank and in connection with such transactions they had given their signatures on some blank forms and papers which were subsequently utilized to create the guarantee documents in their names for these alleged loan transactions in the name of Umarani and Bijaya. 4. Prosecution examined eleven witnesses and marked series of documents from Ext.1 to 29 series. Among those witnesses for prosecution, P.W.4 is the successor Branch Manager of Chowki Branch, P.W.10 is the Investigating Officer and P.W.11 is the Government Examiner (Handwriting Expert) of Questioned Document. P.W.7 & 8 as indicated earlier are the purported loanees. Ext.12 and 16 are the loan application forms. Ext.12 series and 16 series are the hypothecation and guarantee documents. Ext.13 and 17 are the concerned Ledger-sheets and Ext.29 is the opinion with reasoning of P.W.11. Ext.24 series and 25 series are the specimen signatures of CRA No.275 & 284 of 2000 Page 4 of 14 Signature Not Verified Digitally Signed Signed by: CHITTA RANJAN BISWAL Designation: Secretary Reason: Authentication Location: Orissa High Court, Cuttack Date: 26-Jun-2023 19:45:46 Bhagirathi Panda and Debendra Kumar Panda respectively. The questioned documents, specimen signatures and admitted signatures of Gopal Krushna are under Ext.7 to 10. 5. Two witnesses were examined in defence from the side of Gopal Krushna and two more witnesses were also examined from the side of Bhagirathi and Debendra along with several documents marked under Ext.A, B and A-1 to E-1. 6. Appellant No.1, Bhagirathi Panda died during pendency of the appeal and as such, CRA No.284 of 2000 is confined to Appellant No.2, Debendra Kumar Panda being abetted against Appellant No.1. 7. The employment of Gopal Krushna Behera as the Branch Manager of Chowki Branch of UCO Bank during the relevant period is not disputed. Rather he has admitted the same during his examination under Section 313 of the Cr.P.C. Besides, his employment as such has been established through the evidence of P.W.4 and other prosecution witness. So it is established that Gopal Krushna Behera was a public servant and acted as such during the relevant period in the matter of CRA No.275 & 284 of 2000 Page 5 of 14 Signature Not Verified Digitally Signed Signed by: CHITTA RANJAN BISWAL Designation: Secretary Reason: Authentication Location: Orissa High Court, Cuttack Date: 26-Jun-2023 19:45:46 grant of loan and disbursal of the same in the name of Umarani and Bijaya. 8. Two purported loanees were Umarani Panda, wife of Surendra Panda and Bijaya Panda, wife of Chaturbhuja Panda. P.W.8 is Usharani Panda, wife of Surendra Panda. P.W.7 is Bijaya Panda, wife of Chaturbhuja Panda. Some discrepancy is there in the name of Umarani Panda, the purported loanee. The loan application, guarantee document and the loan sanction order are in the name of Umarani Panda. But the hypothecation document and withdrawal vouchers are in the name of Umamani Panda. Despite such discrepancy in the name of the loanee, Rs.20,000/- was sanctioned and disbursed. 9. P.W.8 says in her evidence that she does not know any such woman in the village namely Umarani or Umamani, wife of Surendra Panda. P.W.3, the Ward Member of Chowki village states that to his knowledge no woman namely Umarani or Umamani Panda is/was there in their village. The voter list marked under Ext.26 also does not speak any such woman of the village namely Umarani or Umamani Panda, wife of Surendra Panda. The registered post notice sent in the CRA No.275 & 284 of 2000 Page 6 of 14 Signature Not Verified Digitally Signed Signed by: CHITTA RANJAN BISWAL Designation: Secretary Reason: Authentication Location: Orissa High Court, Cuttack Date: 26-Jun-2023 19:45:46 name of Umarani Panda was also returned unserved. It is therefore established through evidence that no such person namely Umarani Panda or Umamani Panda, wife of Surendra Panda existed in village Chowki at any point of time. 10. It reveals that the loan amounts were disbursed through two savings bank accounts Viz. S.B. Account No. 1515 and 1516. A/c No. 1516 is relating to Bijaya Panda and 1515 is relating to Umarani Panda. Both the accounts were opened on 19th April 1989 on deposit of Rs.10/- each at UCO Bank, Chowki Branch. P.W.7 (Bijaya Panda) admits opening of A/c No. 1516 on 19th April 1989 by herself. But P.W.8 (Usharani Panda) denies her knowledge about opening of A/c No.1515. The fact remains that Chowki Branch of UCO Bank was functioning at the relevant time in a rented building belonging to deceased Appellant Bhagirathi Panda. P.W.7 is the sister of Bhagirathi Panda and P.W.8 is his mother. Agriculture Term Loan amount of Rs.20,000/- and Rs.10,000/- were sanctioned, disbursed and encashed in the names of Umarani Panda and Bijaya Panda in the months of April to June, 1989. Both amounts were sanctioned by Appellant Gopal Krushna Behera, the then Branch Manager of Chowki Branch on 16th CRA No.275 & 284 of 2000 Page 7 of 14 Signature Not Verified Digitally Signed Signed by: CHITTA RANJAN BISWAL Designation: Secretary Reason: Authentication Location: Orissa High Court, Cuttack Date: 26-Jun-2023 19:45:46 June 1989 and disbursed shortly thereafter in two phases. Rs.5,000/- was first debited to the loan account and then credited to S.B. A/c. No. 1515 under Ext.15 and 15/1, and then Rs.15,000/- was debited and credited on 19th June 1989 under Ext.15/2 and 15/3. All these vouchers under Ext.15 series were filled up and passed by Appellant Gopal Krushna in the capacity of Branch Manager. The corresponding entries thereof in the respective ledgers are also in the handwriting of Gopal Krushna. Similarly, again Rs.5,000/- was debited on 26th April 1989 and credited to S.B. A/c No.1516 under Ext.19 and 19/1 and rest Rs.5,000/- was debited and credited on 15th May 1989 under Ext.19/2 and 19/3. 11. None of the purported signatures in the name of Umarani Panda or Umamani Panda and Bijaya Panda appearing in the loan documents under Ext.12 series and 16 series and in the withdrawal vouchers under Ext.1, 1/1, 2, 3 and 4 are either by P.W.7 & 8 or in their handwriting. All such purported signatures are in the handwritings of Gopal Krushna Behera, Bhagirathi Panda and Debendra Kumar Panda. It is relevant to mention here that as per the opinion of the handwriting expert (P.W.11), only Ext.12/8 (one signature in the guarantee document) and CRA No.275 & 284 of 2000 Page 8 of 14 Signature Not Verified Digitally Signed Signed by: CHITTA RANJAN BISWAL Designation: Secretary Reason: Authentication Location: Orissa High Court, Cuttack Date: 26-Jun-2023 19:45:46 Ext.1/1 contain the handwriting of Debendra Kumar Panda along with Bhagirathi Panda. Ext.1, 1/1 and 2 relate to withdrawals of the loan amount in the name of Bijaya Panda and Ext.3 and 4 are relating to withdrawals of the loan amount in the name of Umarani Panda. A sum of Rs.5,000/- has been allegedly deposited in the savings bank account of Debendra Kumar Panda in the same branch of UCO Bank on the same day of debit & credit in the loan account and savings account of Bijaya Panda. According to the opinion of P.W.11 only one purported signature under Ext.12/8 i.e. on the letter of guarantee is in the handwriting of Debendra Kumar Panda and rest of his signatures appearing on the loan proposal document and guarantee document in respect of Bijaya Panda are not his signatures but in the handwriting of Bhagirathi Panda. The prosecution has not clarified to which account of Debendra Kumar Panda the alleged amount of Rs.5,000/- has been deposited or who deposited the same. Also neither any voucher in respect of the same nor in respect of any savings bank account of Appellant – Debendra Kumar Panda has been seized. Though the entry under Ext.E/1 in the Savings Pass Book of the Debendra has been marked in evidence by prosecution, but it is not clear that how the CRA No.275 & 284 of 2000 Page 9 of 14 Signature Not Verified Digitally Signed Signed by: CHITTA RANJAN BISWAL Designation: Secretary Reason: Authentication Location: Orissa High Court, Cuttack Date: 26-Jun-2023 19:45:46 signature of Bhagirathi appeared in the withdrawal voucher under Ext.1/1 along with the signature of Debendra. The flow of money amounting to Rs.5,000/- as alleged by prosecution has not been satisfactorily proved by prosecution to establish the guilt against him beyond all reasonable doubts. On the other hand, it is his (Debendra’s) defence plea that he is a regular customer of UCO Bank at village Chowki and in that connection his signatures on blank forms were taken by the Manager-Gopal Krushna Behera. Prosecution also admits the loan taken by Debendra Kumar Panda earlier from the same branch. Therefore in absence of sufficient materials brought against him, his defence plea cannot be said as improbable that one or two signatures of him might have been taken by other accused persons. So extending the benefit of doubt in favour of Debendra Kumar Panda, in the opinion of this Court, the prosecution has failed to prove the charges against him beyond all reasonable doubts and as such, he is acquitted of the charges. 12. The detailed procedure for getting Agriculture Term Loan and the satisfaction of the Branch Manager thereof to approve, sanction and disburse the loan amount have been stated elaborately by P.W.4, the CRA No.275 & 284 of 2000 Page 10 of 14 Signature Not Verified Digitally Signed Signed by: CHITTA RANJAN BISWAL Designation: Secretary Reason: Authentication Location: Orissa High Court, Cuttack Date: 26-Jun-2023 19:45:46 successor Branch Manager. Interestingly, both loan amounts have been sanctioned in respect of same plot of land and for the same purpose, i.e. for Panabaraja (betel leaf cultivation). The land documents were not properly verified and the loan applications were not properly filled in. According to P.W.4, there are several lacunas in the procedure for sanctioning and disbursement of the loan amounts. Moreover, the proved handwriting and signatures of Gopal Krushna as Branch Manager on the loan documents, loan ledgers clearly satisfies the guilty on his part. It is important to mention here that the signature of Bijaya Panda appearing in the specimen signature card of her savings account do not tally with her purported signatures in the loan documents and withdrawal slips to the necked eye and there is discrepancy in the name of other loanee Umarani or Umamani. But despite all such discrepancies, the Branch Manager (Gopal Krushna Behera) proceeded to sanction and disburse the loan amounts to both the loanees in respect of same plot of land for same purpose in a suspicious manner. Here, the deceased Appellant Bhagirathi led major role for both the loan amounts. CRA No.275 & 284 of 2000 Page 11 of 14 Signature Not Verified Digitally Signed Signed by: CHITTA RANJAN BISWAL Designation: Secretary Reason: Authentication Location: Orissa High Court, Cuttack Date: 26-Jun-2023 19:45:46 13. It is well known that the offence of criminal conspiracy is hard to prove by direct evidence. What is required to be seen that, whether the circumstances reasonably establish the agreement of minds and the connection for such unlawful combination to do an illegal act. In the instant case the proved signatures of Bhagirathi on different documents for getting the loan amounts in the names of Bijaya Panda and Umarani Panda and the action taken on the part of Gopal Krushna Behera to sanction the loan and disburse the same without proper verification and feasibility and even without enquiry and in absence of physical appearance of purported loanees justifies the guilt against him. It shows the dishonest intention on the part of Gopal Krushna by abusing his position as the Branch Manager of UCO Bank by illegal means to obtain such pecuniary benefit in favour of Bhagirathi and presumably in his favour also. The prosecution has thus established the charge for offence under Section 13(1)(d) of the P.C.Act, 1988 against Gopal Krushna Behera beyond all reasonable doubts. The offences of cheating along with forgery are clearly attracted against Bhagirathi, who is the principal recipient of the loan amounts and as stated earlier the proved handwriting and signatures of Bhagirathi in the loan CRA No.275 & 284 of 2000 Page 12 of 14 Signature Not Verified Digitally Signed Signed by: CHITTA RANJAN BISWAL Designation: Secretary Reason: Authentication Location: Orissa High Court, Cuttack Date: 26-Jun-2023 19:45:46 documents, hypothecation and guarantee papers and on the withdrawal slips speaks plenty against him for commission of offences under Sections 419, 420, 468 and 471 of the I.P.C. and by adding the offence of criminal conspiracy thereto, all such offences are also attracted against Gopal Krushna. Therefore, it can safely be concluded that the prosecution has successfully established the offences under Sections 419, 420, 468 and 471 of the I.P.C. along with the offence of criminal misconduct under Section 13(1)(d) of the P.C.Act against Appellant- Gopal Krushna Behera beyond all reasonable doubts. He has been sentenced for imprisonment of one year by the trial court for all such offences along with fine and the sentences have to run concurrently as per direction of the trial court. Thus, no illegality or irregularity is seen in the sentencing part to interfere with. 14. In the result, CRA No.275 of 2000 is dismissed. CRA No.284 of 2000 is abetted in respect of Bhagirathi Panda (Appellant No.1) and allowed in respect of Debendra Kumar Panda (Appellant No.2) and he is acquitted of all the charges. The bail bonds furnished in respect of Debendra Kumar Panda and Bhagirathi Panda are discharged. Appellant Gopal Kurshna Behera is directed to surrender before CRA No.275 & 284 of 2000 Page 13 of 14 Signature Not Verified Digitally Signed Signed by: CHITTA RANJAN BISWAL Designation: Secretary Reason: Authentication Location: Orissa High Court, Cuttack Date: 26-Jun-2023 19:45:46 learned trial court immediately, failing which it is open for the trial court to take steps in accordance with law. (B.P.Routray) Judge C.R. Biswal/Secy. C.R.B iswal CRA No.275 & 284 of 2000 Page 14 of 14 Signature Not Verified Digitally Signed Signed by: CHITTA RANJAN BISWAL Designation: Secretary Reason: Authentication Location: Orissa High Court, Cuttack Date: 26-Jun-2023 19:45:46