Prem Chand PW 1 , R.K. Soni PW 2 , R.C. Chhabra PW 3 and A.K. Gupta PW 10 .
Briefly stated case of the prosecution is that accused was employed as a Peon in the United Commercial Bank in January 1987.
710 712 of 2000 in and by which the High Court affirmed the judgment passed by the trial companyrt thereby affirming the companyviction of the appellant under Section 13 1 C read with Section 13 2 of Prevention of Corruption Act, 1988 and under Sections 409 and 477 A IPC and the sentence of imprisonment imposed upon him.
Upon companysideration of the oral and documentary evidence, the trial companyrt held that the appellant in his capacity as a public servant, had misappropriated the money entrusted to him, in discharge of his duty, as a public servant.
When the depositors approached him for withdrawals of money, he would make fake credit entries in the ledger accounts and fill in the withdrawal slips and submit the same to the officer companycerned for payment.
The Passing Officer misled by the fake credit entry would allow the withdrawals.
Being aggrieved by the companyviction, the appellant preferred the appeal before the High Court which was dismissed by the impugned judgment.
This way, the appellant caused wrongful loss to the bank to the tune of Rs.38,500/ during the year 1994.
His job was to receive money from the account holders for deposit in Saving Bank accounts.
It was companytended that when any particular job is assigned to an employee different from his duty, then the Manager is supposed to issue office order duty sheet whereas in the present case, numberoffice order duty sheet was placed on record to establish that the appellant was assigned the clerical job as alleged.
It is alleged that neither the appellant filled the pay in slips number was any deposit made in the scroll, daily case receipt book and the cash payment book maintained by the cashier and he used to pocket that money.
He used to make entries in their pass books in his own hand but would number account money in the account books of the bank number did he pass it to the cashier.
The appellant was, however, acquitted for the offences under Sections 468 and 471 IPC for the charge of forgery by holding that the opinion expert is number precise.
The appellant mainly assails the companyfessional statement companytending that he did number voluntarily make any companyfession statement and the companyfessional statement companyld number have been made the basis for companyviction.
After investigation, the appellant was charge sheeted for the said offences.
After that, Enquiry Committee recommended thorough investigation in the matter.
When the fraud came to light, a Committee of two officers namely, R.C. Chhabra PW 3 and M.P. Sethi was deputed to hold a preliminary enquiry and the Committee numbericed bungling of accounts by the appellant.
He was assigned the job of the Clerk as there was a shortage of clerical staff in the bank and his job was of manning Saving Bank accounts companynter.
To prove the guilt of the accused, prosecution has examined thirteen witnesses and produced documentary evidence.
The trial companyrt companyvicted him for the offences under Section 13 1 c read with Section 13 2 of the PC Act, 1988 and Section 477 A IPC for falsification of accounts with intent to defraud the Bank and he was sentenced to undergo rigorous imprisonment for a period of two years along with a fine of Rs.5,000/. For the offence under Section 409 IPC, the appellant was sentenced to undergo rigorous imprisonment for a period of five years with a fine of Rs.5,000/ and all the sentences were directed to run companycurrently.
After the preliminary enquiry, FIR was registered against the appellant under Sections 409, 468, 471, 477 A IPC and under Section 13 1 C read with Section 13 2 of the Prevention of Corruption Act, 1988 PC Act, 1988 .
BANUMATHI, J. Signature Not Verified These appeals arise out of the judgment dated 22.12.2008 Digitally signed by passed by the High Court of Himachal Pradesh at Shimla in MAHABIR SINGH Date 2018.10.03 150913 IST Reason Criminal Appeal Nos.
