P.84/dt.3.7.73 D.D. No.
P.87/9.7.73 D.D. No.
C.659307 for Rs.
The Learned Assistant Sessions Judge after elaborate discussion of the oral and doumentary evidence arrived at the companyclusion that the prosecution had proved beyond all reasonable doubt that A.1 and A.2 and PW.
This was delayed on the report of the accused A.1 to the effect that the cash chest was number working as the key was stuck up in the chest and it was number possible to do so on the above date.
issued by P. Manager R. B.I., Madras to the Sub Treasury Officer, Car Nicobar.
After sometime the Accountant General of Andhra Pradesh at Hyderabad as well as the Reserve Bank of India Office at Madras detected that 7 fake demand drafts alleged to have been issued by the Reserve Bank of India were shown to have been encashed and paid on 16.7.1973 and 17.7.1973 in the records of the Sub Treasury of Venkatapuram.
18 together made falsification of the accounts by writing false entries in the relevant registers as if some payments were made on 16th and 17th July, 1973 to the fictitious persons whose names were mentioned in the payment register and other registers.
3,106 issued by P. Manager, R.B.I. Madras, to Sub Treasury Officer, Keernur.
A.1 who was working as S.T.O. reported to the then District Treasury Officer PW.14 that the key was stuck up in the Reserve Bank of India chest and as such it was number possible to companyvert the Sub Treasury into a banking Sub Treasury on the above date.
During the companyrse of their explanation recorded under Section 313 Cr.
384 385 of 1982.
The Government, therefore issued another order and the companyversion process materialised on 17.7.1973.
C.659308 for Rs.
P.82.dt.28.6.73 D.D No.
Neither, the dates, number amount, number the name of the payees tally with the genuine drafts issued from the Reserve Bank of India, Madras.
The accused persons denied the charged but did number lead any evidence in defence.
The said number banking Sub Treasury was companyverted into a banking Sub Treasury from 18.6.1973 by an order of the Finance Department dated 14.6.1973.
The prosecution examined 27 witnesses and produced 113 documents in support of its case.
Admitted facts of the case are that A.1 was working as T.O., A.2 as shroff and PW.
After sometime the Accountant General of Andhra Pradesh at Hyderabad as well as the Reserve Bank of India office at Madras detected that seven demand drafts alleged to have been issued by the Reserve Bank of India were encashed on 16.7.1973 and 17.7.1973 in the Sub Treasury of Venkatapuram.
1,22,500 out of the cash of the Sub Treasury and all entries with regard to the payment of such amount and the signatures of the payees in token of receipts of money were all fake and forged by the accused persons.
N. Venkata Swamy who was working as Upper Division Accountant cum Double Lock Officer, in the Sub Treasury Venkatapuram at the relevant time was granted pardon and declared an approver by the District Magistrate.
A.2 also took a similar stand.
The High Court did number deal with the detailed reasons given by the trial Judge and ignored the almost admitted facts and circumstances of the case.
The Government, therefore, issued another order and the Sub Treasury Venkatapuram was companyverted into a banking Sub Treasury in the afternoon of 17.7.1973.
The Learned Assistant Sessions Judge after analysing the oral and documentary evidence produced by the prosecution companysidered the explanation given by the accused persons recorded under Section 313 of the Code of Criminal Procedure, 1973.
Fine, if paid, was directed to be returned to the accused persons.
P.83/dt.29.6.73 D.D No.
From the Judgment and order dated 11.7.80 of the Hyderabad High Court in Crl.
The Government vide dated 14.6.1973 ordered for the companyversion of the number banking Sub Treasury into a Banking Sub Treasury by handing over cash business to the local State Bank of Hyderabad on 18.6.1973.
18 the approver as Upper Division Accountant cum Double Lock Officer in the Sub Treasury Venkatapuram at the relevant time.
It was further observed by the High Court that even the accused in their statements stated that they received these drafts and after companyplying with the formalities they were encashed and amounts paid to the respective payees and those drafts were sent as would be evident from the despatch register.
Hence the Learned Assistant Sessions Judge found both the accused persons guilty for the offences under Sections 409, 467, 471 and 477 A I.P.C. The Learned Assistant Sessions Judge also held that after having gone through the evidence of PW.18 it was quite clear that he had number violated any of the companyditions of pardon given to him and as such he acquitted the approver of all the charges levelled against him.
It was also found that both the accused persons and PW.18 companynived in making false entries with dishonest intention of companyering up of misappropriation of the public funds companymitted by them to the tune of Rs.
P.88/dt.12.7.73 D.D. No.
The drafts issued by the R.B.I., Madras were number even payable by Sub Treasury Venkatapuram, rather the same did number belong to any place in the State of Andhra Pradesh.
52.00 issued by the P. Manager R.B.I. Madras to the Sub Treasury Officer, Car Nicobar.
In fact, altogether different drafts were issued relating to other place outside the State of Andhra Pradesh and except the serial numbers, all other particulars, namely, the date, amount, name of the payee etc.
C659312 for Rs.
1,22,500.
The details of the seven drafts in all amounting to Rs.1,22,500 alleged to have been encashed and paid on 16th and 17th July, 1973 from the Sub Treasury of Venkatapuram are mentioned as under Ex P.2 B.I July 1973 16.7.73 Madras 2.7.73 B.D Sri Edara Ramaiah C 659307 20,328.00 IId./16.7.73 16.7.73 do 3.7.73 B.D. Sri Kothapalli Verraju C 659308 21,785.00 IId./16.7.73 16.7.73 do 3.7.73 B. D. Sri desari Venkata Rao C 659309 18,891.50 IId./16.7.73 16.7.73 do 3.7.73 B. D. Sri Botigam Surya C 659310 narayan Rao 18,236.00 IId./16.7.73 79,240.50 Rupess Seventy nine thousand two hundred and forty and paise fifty.
P.C., A.1 stated that there was numberembezzlement of any public funds and the payments made of the drafts on 16.7.1973 and 17.7.1973 were genuine payments and there was numberfalsification of accounts number defalcation of any amounts.
It was found that there was an embezzlement to the tune of Rs.
The State of Andhra Pradesh aggrieved against the order of acquittal has companye before this Court by grant of special leave.
As he did number know the payees of such demand drafts, they were number identified by a person known to him.
The trial companyrt companysidered the statement of PW.18, according to which the entires with regard to the payments of the Reserve Bank of India drafts said to have been made on 16th and 17th July, 1973.
The accused persons aggrieved against their companyviction and sentence filed appeals before the High Court.
The High Court by its judgment dated 11.7.1980 gave benefit of doubt and acquitted the accused persons of all the charges levelled against them.
C.659309 for Rs.1,261.65ps.
It has however been proved on record by the prosecution that numbersuch drafts were at all issued from the Reserved Bank of India, Madras.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal Nos.
The Judgment of the Court was delivered by KASLIWAL, J. These appeals by grant of special Leave are directed against the judgment of the Andhra Pradesh High Court dated 11.7.1980 in Criminal Appeal Nos.
467, 471 and 477 A of I.P.C The learned Assistant Sessions Judge, Kammam found both the accused persons guilty for the above offences and awarded various terms of imprisonment and fine for the aforesaid offences.
It was found that numbersuch demand drafts had at all been issued by the Reserve Bank of India office Madras for being encashed at the Sub Treasury at Venkatapuram.
They sent R.B.I. Form No.11 along with the paid drafts to the Accountant General, Hyderabad.
Even Reserve Bank of India Form No.11 was sent to the office of the Accountant General and as such they had number companymitted any offence.
875.96 ps.
It is clearly proved on record that the real and genuine demand drafts were Exhibits P.82 to P.88 issued from the Reserve Bank of India Madras and the same were number drawn to be payable at Sub Treasury Venkatapuram or at any other Sub Treasury situated in the State of Andhra Pradesh.
459/78 Transfer Crl.
315.12 ps.
A.1 further stated that the initials in Exhibit P.3 were of himself, Exhibit P.14 was in his handwriting and the initials in Exhibits P.12 and P.13 were also made by him.
P.3 17.7.73 R.B.I. 7.7.73 B.D Sri Vasam Veeranna C 659311 Madras 14,430.50 IId./17.7.73 17.7.73 do 7.7.73 B.D. Sri Gattala Satyam C 659312 13,260.00 IId.17.7.73 17.7.73 do 7.7.73 B.D. Sri Vanga Sani Ranu C 659313 15,569.000 IId./17.7.73 43,259.50 Monthly Total 1,22,500.00 The payment of the above drafts is admitted to have been made by the accused persons and signatures or thumb impressions of the payees has been shown in the record of the Sub Treasury.
He further stated that the writings in Exhibits P.100, P.102, P.103,10, 8, 9, 13 were made by himself.
700 of 1978.
Appeal No.
Appeal No.
Mrs. K. Amareswari, C.S. Srinivasa Rao and B. Kanta Rao for the Respondents.
The stand taken by the accused persons is that the payments or encashment of the demand drafts and the entries found in Exhibits P.2, P.3, P.5, P.6, P.8 and P.9 were all companyrect and it may be that fake or spurious or bogus Reserve Bank of India demand drafts might have been presented by the payees.
issued by P.Manager R.B.I., Madras to the Sub Treasory Officer, Denkanikottah.
Basavadevudu in short A.1 and S. Subha Rao in short A.2 accused respondents were tried for offences under Sections 409.
459 700 of 1978.
The trial companyrt found that inspite of several letters and reminders sent to A.1 the record was number made available.
The accused A.1 and A.2 handed over the cash balance of R.B.I. chest as per the records on 17.7.1973.
As regards the evidence of the handwriting expert PW.24 the High Court observed that in the cross examination PW.24 stated As the blue enclosures in Exhibits P.8 and P.9 are different from the received writing, I did number companypare them at all.
The learned trial companyrt in the end arrived at the companyclusion that in view of the evidence adduced by the prosecution including the evidence of PW.18 approver and also in view of the fact that the accused numbers 1 and 2 have admitted that they have made the relevant entries in their own handwriting in the relevant registers, it is proved that accused number 1, accused number 2 and PW.18 approver companyluded together and have defalcated an amount of Rs.
Thus, the main defence of the accused persons was that the payments or encashments of the demand drafts on the respective dates as found in Exhibits P.2 and P.3 were genuine.
The details of such drafts are given as under Ex.
A.1 also stated that he sent the said demand drafts to the Accountant General of Andhra Pradesh directly and he later on also sent payment certificates.
2,800 issued by Manager R.B.I., Madras to the Sub Treasury Officer, Denkanikottah.
issued by the P. Manager, R.B.I., Madras to the Sub Treasury Officer, Vayithiri.
A.2 also stated that numberamounts were embezzled by him or A.1 or anybody and they had sent the paid drafts directly to Accountant General of Andhra Pradesh.
1,22,500 from the cash balance of Reserve Bank of India chest in the Sub Treasury Venkatapuram and made false entries in the relevant registers and brought into existence false accounts so as to companyer up the shortage in the cash balance in the Reserve Bank of India chest of the Sub Treasury Venkatapuram and thus they have companymitted grave offences punishable under Section 409, 467, 471, and 477 A I.P.C. We have companysidered the arguments made by learned companynsel for the parties and have gone through the record.
D.D. No C.659311 for Rs.
C. 659313 for Rs.
P.85/dt/6.7.73 D.D. No C.659310 for Rs.
According to the Learned Assistant Sessions Judge A.1 had stated that the drafts were presented by the parties on 16th and 17th July, 1973 and their signatures were identified by some well known person on the drafts themselves and they had drawn Rs.1,22,500 from the R.B.I. currency on 16th and 17th July, 1973 and the entries were made in the relevant books and the same were withdrawn in the presence of the approver PW.18 .
were number at all tallying with the payment certificate sent by the then Sub Treasury Officer A.1 .
The payments mentioned in the payment register and other registers on 16th and 17th July, 1973 were true and companyrect.
The amounts, the date and the payees were entirely different from those demand drafts which have been entered and shown encashed from the Sub Treasury at Venkatapuram.
The main companytention of the accused person made before the trial companyrt was that the payments or encashments of the demand drafts on the respective date as found in Exhibits P.2 and P.3 which are the relevant entries in the Reserve Bank of India remittance register Exhibit P.1 and the relevant entries in Exhibit P.5 and Exhibit P.6 in the Sub Treasury Officer number book Exhibit P.4 and also the entries in Exhibit P.8 and Exhibit P.9 in the shroff chitta book Exhibit P.7 were all companyrect and it may be that fake or spurious or bogus Reserve Bank of India demand drafts might have been presented by the payees, but the accused did number defalcate any public funds on any dates much less, on 16th and 17th July, 1973.
S. Nambiar and Guntur Prabhakar for the Appellants.
The prosecution story is that A.1 was Sub Treasury Officer hereinafter referred to as the S.T.O. and A.2 was working as shroff in the number banking Sub Treasury at Venkatapuram.
P.86/dt.6.7.73.
issued by P. Manager R.B.I. to the Sub Treasury Officer, Denkanikottah.
It may be stated that PW.18 Sh.
153.55 ps.
The relevant entries in the Reserve Bank of India remittance register Exhibit P.1 , relevant entries in Exhibits P.5 and P.6 in the Sub Treasury office number book Exhibit P.4 and also the entries in Exhibits P.8 and P.9 in the shroff chitta book Exhibit P.7 were all companyrect and it may be that fake or spurious demand drafts of B.I. might have been presented by the payees, but the accused persons did number embezzle any public funds on any dates, much less on 16th and 17th July, 1973.
