- (1.) The appellant has filed this appeal for setting aside the Judgment of conviction and the order of sentence dated 19.12.2005 passed by the Special Judge, C.B.I., Ranchi in R.C. case No. 32 of 1984 whereby the appellant has been convicted to undergo Rigorous Imprisonment for Two and half years under Section 420 I.P.C. and he is further sentenced to undergo Rigorous Imprisonment for two years under Sections 468/ 471 I.P.C. and Rigorous imprisonment for one year under Section 471 I.P.C. and further sentenced to undergo Rigorous imprisonment for two and half years under Section 5(2) read with 5(1)(d) corresponding to Under Section 13(2) read with 13(1) (d) of P.C. Act. and also sentenced to pay a fine of Rs.3,500/- in each count under Section 420 I.P.C. and under Section 5(2) read with 5(1)(d) corresponding to under Section 13(2) read with 13(1) (d) of P.C. Act. In case of default in payment of fine, the convict will further go to S.I. for 15 days each. All the sentences will run concurrently.
(2.) Both the parties have filed an elaborate written arguments in this appeal which are on the record.
(3.) The prosecution case in brief is that namely J.G. Indwar, Routine Officer of Union Bank of India, Ranchi Branch in conspiracy with other persons dishonestly defrauded the Bank to the tune of Rs.2.18 lakhs on the strength of fake and forged cheques purported to have been issued by the account holder during the period May and June 1982. It is further alleged that in furtherance of the said criminal conspiracy, J.G. Indwar and his associate managed to credit to BPAR A/c Rs.79000/- on 28.5.82 to the debit of Dormant SB A/c No.2690 of Sri Jagdish Lal Mathur by means of stolen cheque Nos. 060121 and 060122 for Rs.41,500/-and 37,500/- respectively and on 29.5.82 BPAR A/c was reversed by attaching credit of Rs.78990/- in bills payable pay order issued account and residual of Rs.10/- was credited to Income A/c commission for issue of pay order. Pay order No.5915 for Rs.41,295/- and pay order no. 5916 for Rs.37,295/- were issued. The pay orders were fraudulently credited to the false SB A/c No. 6570 in the name of Deepak Anand and SB A/c No. 4636 in the name of Dhirendra Pradhan and Smt. Malti Devi and the same were withdrawn. On 9.6.82 an amount of Rs.57000/- was withdrawn in cash through cheque no. 085161 to the debit of Dormant SB A/c no. 3313 of Ashok Kr. Choudhary against insufficient balance. A demand draft No. 139/9/663 for Rs.81910 was fraudulently raised and residual Rs.90/- was credited to Income Account to the debit of Dormant A/c no. 3244 of Sh Anand Kr. Sinha against insufficient balance. The demand draft was in favour of Shri Dhirendra Pradhan and the same was payable at Nagpur main Branch. On the basis of source information a case was instituted by Shri. K.N. Sinha Inspector of Police, CBI, SPE, Patna against the accused appellant on 31.10.1984 and investigation was taken up. After due investigation, charge sheet was submitted against this accused appellant. Accordingly, cognizance under Sections 120B, 420,468,477 I.P.C and 5(1)(d) read with 5(2) P.C. Act 1947corresponding to 13(1)(d) read with 13(2) P.C. Act 1988 was taken on 29.8.86 and summon was issued against the accused appellant. This case has been transferred from the court of Spl. Judge, Patna to the Court of Special Judge, CBI, Ranchi vide notification no. 91A dated 7.5.02 of the Hon'ble High Court, Jharkhand;