294, 295,296 and 293 of 1977 Kapil Sibal, Atul Wig, Raj Birbal, A.T.M. Sampath and M. Rao for the Appellant.
The respondent accused was working as an Accounts Clerk in the Bank of India in the very branch where V. Suryakantam P.W.i had her account.
She immediately gave a companyplaint that this withdrawal of Rs.6,000 was number by her as well as two other withdrawals and on the same day the Manager and staff officer went to the house of the accused and questioned him about those transactions.
The Manager asked her to companye on the next day.
1971 P.W. 1 went to the Manager of the Bank.
He always represent ed that it was in the Bank and yet number companypleted.
109, 47 1,408 and 420 of Indian Penal Code.
On the basis of these findings both the Courts ultimately companyvicted the respondent accused for an offence under Sec.
From the Judgment and Order dated 6.12.
On 9.12.
On 11.3.
It is alleged that whenever she wanted to withdraw money on a cheque her daughter V.S. Kanthi used to fill up the cheque and she used to sign on the cheque.
Both the Courts below also came to a companycurrent finding of Act that the money so obtained from the Bank from the account of P.W. 1 on the basis of these withdrawal forms was pocketed by the respondentaccused and was number returned or paid to P.W. 1 although that was the stand taken by the respondent accused and he also attempted to prove it by producing a defence witness for that purpose.
She has also a cheque book to operate the Bank trans actions and she was also entitled to withdrawal facility for withdrawing money from her accounts.
1977 of the Andhra Pradesh High Court in Cr.
As there were three items of such withdrawals three prosecutions were launched companysequently three appeals and ultimately three appeals are filed here by the Bank of India and there is also an appeal filed by the State against the judgment of acquittal passed by Honble the High Court.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal Nos.
The State did number prefer an appeal against the acquittal of the respondent under Sec.
Revision Cases Nos.
On 23rd NOvember, 1970 the respondent accused misrepresented to W. 1 that her account book is required in the Bank for the purpose of posting up to date entries and on this represen tation obtained her pass book which he never returned.
She also requested him to verify her accounts.
This V. Suryakantam, P.W. 1 was acquainted with the respondent accused and he used to assist her in the Bank transactions.
During investigation hand writing specimen of P.W. 1 and admitted handwriting of the accused respondent were companypared with the handwriting on the withdrawal forms by the expert.
The learned Judge also came to the companyclusion that companysequently his companyviction under Sec.
485 488 of 1979 etc.
The respondent was absent and she told him about the fact of having given her passbook to the respondent long back and that he was number returning the pass book and dodging her.
The prosecution case at the trial was that V. Suryakan tam is a resident of official companyony VSP, and has a Bank account in the Bank of India since 1965.
The opinion of the expert was that signature on the with drawal form was number by P.W. 1 and that the signatures on the reverse of the form which is taken in the Bank as an ac knowledgement for the receipt of money was that of the respondent accused.
1970 the respondent got filled up by some person withdrawal form No.
Her Account No.
is 2006.
The respondent accused admitted his guilt before the Manager and requested the Manager to excuse him and gave a companyfessional statement in writing.
These signatures on the back side of the withdrawal form acknowledging the receipt of money were also admitted by the respondent accused at the trial.
It was therefore opined that the respon dentaccused got forged the signatures of P.W. 1 on the withdrawal form, presented it as genuine at the Bank and withdrew Rs.6,000 and therefore he was prosecuted for of fences under Sections 467 read with Sec.
K. Goel, K. Ram Kumar, B Parthasarthi for the Respondents.
P.W. 1 demanded the pass book several times.
2055 on the account of P.W. 1 on the Bank of India for Rs.6,000 and represented this with drawal form in the Bank.
The Judgment of the Court was delivered by OZA, J. These appeals have been filed after grant of leave against the acquittal of the respondent from offences under Sections 467 read with Section 109 and 471 of the Indian Penal Code.
He received the money i.e. Rs.6,000 and mis appropriated the same.
On 12th March, 1971 when she went to the bank to her surprise she learnt that some withdrawal of money have been done and very little amount was left over.
