UMESH CHAND BORO Vs. STATE OF UTTAR PRADESH (NOW STATE OF UTTARAKHAND)
LAWS(UTN)-2012-10-119
HIGH COURT OF UTTARAKHAND (AT: STATE)
Decided on October 17,2012

UMESH CHAND BORO Appellant
VERSUS
State of Uttar Pradesh (now State of Uttarakhand) Respondents

JUDGEMENT

- (1.) All these four appeals are directed against the judgment and order dated 03.06.1998, passed by Special Judge, Anti Corruption, Dehradun, in CBI case no. 12 of 1996, whereby said court has convicted accused/appellant Umesh Chand Boro, Liyakat Ali Khan, Rajendra Kumar, Vinai Datt Vats and Mohd. Usman under section 120B IPC read with section 420, 467, 468, 471 IPC and section 13(2) of Prevention of Corruption Act, 1988. Each one of them has been sentenced to rigorous imprisonment for a period of two years, and directed to pay fine of Rs. 500/- under section 120B IPC (read with section 420, 467, 468, 471 IPC and section 13 (2) of Prevention of Corruption Act). Each one of Umesh Chand Boro and Liyakat Ali Khan has been further convicted and sentenced to rigorous imprisonment for a period of four years, and directed to pay fine of Rs. 2,000/- under section 467 IPC. Accused/appellant Umesh Chand Boro has been further convicted and sentenced to rigorous imprisonment for a period of four years and directed to pay fine of Rs. 2,000/- under section 471 IPC. He has been further convicted and sentenced to rigorous imprisonment for a period of three years and directed to pay fine of Rs. 500/- under section 13(2) of Prevention of Corruption Act, 1988. Accused/appellant Liyakat Ali Khan has also been convicted and sentenced to rigorous imprisonment for a period of three years, and directed to pay fine of Rs. 500/- under section 13(2) of Prevention of Corruption Act, 1988. Accused/ appellant Rajendra Kumar has also been further convicted and sentenced to rigorous imprisonment for a period of three years and directed to pay fine of Rs. 500/- on each of the counts under section 420 IPC, read with section 420, 467, 468, 471 IPC and section 13(2) of Prevention of Corruption Act, 1988. Accused/appellant V.D. Vats has been further convicted and sentenced to rigorous imprisonment for a period of two years and directed to pay fine of ' 500/- on each of the counts under section 420, 467, 468, 471 IPC and under section 13(2) of Prevention of Corruption Act, 1988. And accused/appellant Mohd. Usman has been further convicted and sentenced to rigorous imprisonment for a period of two years, and directed to pay fine of Rs. 500/- under section 420 IPC. (Appeal of accused/appellant Liyakat Ali Khan is being pursued by his legal representative).
(2.) Heard learned counsel for the appellants and learned counsel for Central Bureau of Investigation (for short C.B.I)and perused the lower court record.
(3.) Prosecution story in brief is that accused/ appellants Umesh Chand Boro, Liyakat Ali Khan, and Rajendra Kumar were posted in the year 1989, as officers with Bank of Baroda, Branch Jaspur. Accused/ appellant V.D. Vats was posted as Clerk-Cum-Cashier with said branch. Accused/appellant Mohd. Usman was having an account no. 399 with said branch of Bank of Baroda. It is alleged that on 31.03.1989, in furtherance of criminal conspiracy, a current account no. 409 was opened with aforesaid branch of the Bank in the name of fictitious and non existent firm M/s Kumaon Pipe Industries, Jaspur Road, Thakurdwara, Moradabad. One Anwar Ahmed was shown as the person who was to operate said account but the prosecution case is that said person was non existent. Accused/appellant Mohd. Usman is the person who introduced the account holder of current account no. 409, knowingly that no such firm named Kumaon Pipe Industries exists in reality. Accused/appellant U.C. Boro dishonestly allowed the opening of current account in the name of aforesaid fictitious person which was numbered as current account no. 409. The Cheque book containing fifty leaves bearing Sl. No. 643901 to 643950 was shown to have been issued in the name of account holder of said account. Thereafter a cheque bearing no. 639382 for an amount of Rs. 4,47,000/- in favour of M/s Kumaon Pipe Industries, drawn in Bank of Baroda, Station Road, Branch Moradabad, was presented in Jaspur Branch on 17.04.1989, said cheque was shown collected and dishonestly credited in account no. 409 by the accused/ appellant Rajendra Kumar without there being any collection memo issued. Subsequently, the aforesaid amount was withdrawn between 17.04.1989 to 07.07.1989 through various cheques. It is also stated that on 03.07.1989, a cheque bearing no. 652005 for an amount of Rs. 3,45,000/- drawn in Moradabad Branch of Bank of Baroda, was also presented in Jaspur in the aforesaid current account no. 409 purported to have been issued allegedly by Anwar Ahmed (account holder of non existent firm) with regard to which schedule 'C' was issued under signature of accused/appellant Liyakat Ali Khan, and its dispatch was shown to Moradabad Branch. A collection memo pertaining to said cheque purported to have been signed by one A. Gupta (P.W.6 Adheer Kumar Gupta) who had never been posted with Morodabad Branch of the bank was got forged, and the amount was credited in the aforesaid account no. 409 with Jaspur Branch. As such, accused/appellants by forging documents caused wrongful loss to Bank of Baroda Branch Jashpur, to extent of Rs. 7,56,004/-.;


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