- (1.) This appeal is directed against the common judgment and order passed by the High Court of Kerala at Ernakulam in Criminal Appeal Nos. 486 and 487 of 1997, dated 16.08.2006, whereby and whereunder the High Court has confirmed the order of conviction and sentence passed by the Trial Court for the offences punishable Under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 (for short, "the PC Act") and Under Sections 420, 471 and 477-A of the Indian Penal Code, 1860 (for short, "the Indian Penal Code"). The brief case of the prosecution is that the Appellant-herein was an Officer of Indian Bank, Paravoor. While the verification of the account of a transferred officer was being conducted after it was found that his account did not tally, on 28.08.1994 the Appellant informed the Bank Manager that he was also involved in fraud and by nine instances he had misappropriated a sum of Rs. 1,40,000/-. On 02.09.1994 the Appellant remitted the full amount.
(2.) An inspection was conducted and two occasions were discovered where the Appellant drew amounts of Rs. 5,000/- and Rs. 15,000/- through forged cheques in fictitious names and fictitious account numbers. Further, two occasions were discovered where the Appellant drew the amount of Rs. 20,000/- through a forged cheque and the amount of Rs. 20,000/- through a withdrawal slip from the accounts of persons who were not operating their accounts. On the basis of the inspection departmental action was initiated. Thereafter, a First Information Report was registered by the Deputy Superintendent of Police.
(3.) After the completion of the investigation and obtaining of sanction, a charge-sheet was filed. The Trial Court separated the four occasions when the offences were committed by the Appellant into Calendar Case No. 5 and 6 of 1995. Thereafter, the Appellant appeared before the Trial Court and after both sides were heard, charges were framed Under Sections 420, 457, 468, 471 and 477-A of the Indian Penal Code and Section 13(1)(d) read with Section 13(2) of the PC Act in Calendar Case No. 5 of 1995 and also Calendar Case No. 6 of 1995. The charges were read over and explained to the Appellant who pleaded not guilty. Accordingly, the case was committed to Trial. The Appellant filed a petition for joint trial of the two cases, and thereafter the Trial Court clubbed the two cases.;