A. Sengupta, J. - (1.) The present criminal Revisional application Under Ss. 401 and 482 of the Code of Criminal Procedure is directed against the judgment and order passed by the learned Sessions Judge of South 24 -Parganas is Criminal Appeal No. 24 of 1988 of his file. By the impugned judgment and order the learned Judge upheld the order of conviction and sentence of the Petitioner M. Navamani Under Sec. 409 of the Indian Penal Code passed by Mr. R. Mukhopadhyay, Chief Judicial Magistrate of Andaman at Port Blair on February 29, 1988 in T.R. Case No. 990/1989 arising out of G.R. case No. 610 of 1975.
(2.) The board facts upon which the Petitioner was prosecuted in the Court of the learned Chief Judicial Magistrate may be briefly summarised as follows: The Petitioner was a Cashier in the office of the Director of Medical and Health Services. Andaman and Nicobar Administration at Port Blair, from February 1967 to June 29, 1976. In his capacity as such Cashier he encashed on February 5, 1973, from the State Bank of India, Port Blair Branch, a fully vouched contingent bill (FVC Bill) No. 169 dated January 27, 1973, for Rs. 17, 843 -13. The Petitioner also as the Cashier of the same office encashed from the said Bank on October 22, 1973 another FVC Bill No. 93 dated October 8, 1973 for Rs. 9,273 -63. These two Bills (Exs. 5 and 10) had been prepared and drawn on the basis of the bills received by the office of the Director of Medical and Health Services from the Hospital for Mental Diseases at Ranchi. The entire amount of both the FVC bills (Exs. 5 and 10) was required to be remitted to the aforesaid Mental Hospital on account of the maintenance charges for the mental patients who had been sent from G.B. Pant Hospital (under the Andaman and Nicobar Administration) to the Mental Hospital at Ranchi for treatment . After having encashed the two FVC bills and after receiving the amounts referred to therein on February 5, 1973 and October 22, 1973, the accused Petitioner made entries in the cash book showing disbursement of the amounts on the same dates when they were received. He had also made entries in the cash book showing receipt of the money by him. But later it was detected that the amounts due to the Mental Hospital at Ranchi had not been paid to that hospital either by Bank drafts or otherwise. This led the Director of Medical and Health Services of the Andaman and Nicobar Administration at Port Blair to lodge an FIR with the Police on July 27, 1975. It was the prosecution case that the accused Petitioner dishonestly misappropriated the amounts of the two FVC bills and thereby committed criminal breach of trust in respect thereof. It was also the prosecution case that the accused Petitioner also committed forgery by making false entries in the cash book indicating disbursement of the amounts in question.
(3.) After investigation Police submitted charge -sheet against the accused Petitioner. He was tried on charges under Ss. 465 and 409 of the Indian Penal Code by Mr. H. Banerjee, Chief Judicial Magistrate of Andamans. This learned Chief Judicial Magistrate by his judgment and order dated December 16, 1985, found the Petitioner not guilty Under Sec. 465, Indian Penal Code, and acquitted him of that charge. The learned Magistrate, however, found the accused Petitioner guilty Under Sec. 409 of the Indian Penal Code and sentenced him to rigorous imprisonment for four years and to pay a fine of Rs. 30,000, in default to R.I. for one year.;