Criminal appeal (SJ) no. 596, 625 of 2002
Patna High Court
BENCH: Hon’ble V.K. Sinha J.
DATE OF JUDGEMENT: 12 April 2018
RELEVANT SECTIONS:
- Section 120B of IPC (Punishment for criminal conspiracy)
- Section 465 of IPC (Punishment for forgery)
- Section 468 of IPC (Forgery for purpose of cheating)
- Section 471 of IPC (Using as genuine a forged 1[document or electronic record])
- Section 420 of IPC (cheating and dishonestly inducing delivery of property)
- Section 13 of Prevention of Corruption Act (Criminal misconduct by public servant)
BACK HISTORY
Arun Kumar Mishra was working as a Field officer in S.B.I. Kankarbagh branch, Patana. He dishonestly abused his official position in conspiracy with Lalit Kumar, who was a private person and others for committing financial fraud. He cheated the bank for totally Rs. 92,000. He passed and encashed two forged cheques i.e. cheque no. 0116694 and 0116695 on the same day. Both accused committed manipulation and forgery in documents by cutting the signature of the account holder on one of the cheques and getting the signature of the account holder on another cheque fraudulently.
The charges were framed against both accused of cheating and fraud as well as accused Arun Kumar Mishra was also charged for the criminal misconduct by a public servant under Prevention of Corruption Act, 1988.
FORENSIC REPORT
The questioned document examination of both cheques and entry ledger sheet was examined by GEQD. They are compared with admitted and specimen handwriting and signature of both accused. It has been concluded from the GEQD report that the signature and writing on both cheques were disguised handwriting and signature of accused Arun Kumar Mishra as well as the handwriting of accused Lalit Kumar. The initials on insurance token and entry on ledger sheet & on D-scroll all were in the handwriting and signature of accused Arun Kumar Mishra
JUDGEMENT
Court framed charges against co-accused Lalit Kumar for the offences punishable under sections 468, 465 r/w section 471 and section 420 r/w section 120B of IPC which included crime of forgery and cheating for financial gain.
The court convicted the prime accused Arun Kumar Mishra for the offences punishable under sections 468, 465 r/w section 471 & section 420 r/w section 120B of IPC and section 13(2) r/w section 13(1)(d) of Prevention of Corruption Act, 1988 which included crime of cheating and forgery and criminal misconduct by the public servant.