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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
Budihal R.B., J.
Joseph Paul Pais – Appellant
Vs.
State – Respondent
Criminal Appeal No. 882 of 2009
Decided On : 08-06-2015
Criminal Conspiracy - Misappropriation of Bank Funds - IPC 120B, 409, 477A, Prevention of Corruption Act 1988, Section 13(2) r/w Section 13(1)(d) - The court discussed the joint responsibility of the accused in maintaining correct accounts, the relevance and admissibility of the documents, and the conspiracy to misappropriate funds. The appellant's defense of signing vouchers at the auditor's instance was not supported by evidence. The judgment and order of conviction were confirmed.
Fact of the Case:
The case involved the misappropriation of funds at a bank's extension counter, with the appellant accused of signing fraudulent vouchers. The appellant challenged the judgment and order of conviction, claiming no involvement in the misappropriation.
Finding of the Court:
The court found the appellant guilty of the offenses punishable under IPC 120B, 409, 477A, and Prevention of Corruption Act 1988, Section 13(2) r/w Section 13(1)(d), based on evidence of joint responsibility, fraudulent vouchers, and conspiracy to misappropriate funds.
Issues: The issues included the appellant's alleged lack of involvement, the relevance and admissibility of documents, and the defense of signing vouchers at the auditor's instance.
Ratio Decidendi: The court held that the prosecution had proved all charges beyond reasonable doubt, and the appellant's defense was not supported by evidence.
Final Decision: The appeal was dismissed, and the judgment and order of conviction passed by the trial court were confirmed.
Budihal R.B., J.
1. This appeal is preferred by appellant-accused No. 2 being aggrieved by the judgment and order dated 22.10.2009 passed in S.C. No. 35/2004 on the file of XXXII Addl. City Civil and Sessions Judge and Special judge for CBI cases, Bangalore (CCH 34) holding the appellant guilty of the offences punishable under Section 120B r/w Sections 409 and 477Aof IPC and Sections 13(2) r/w Section 13(1)(d) of the Prevention of Corruption Act, 1988 and sentencing him to undergo imprisonment as mentioned in the said judgment.
2. The facts leading to this case are, one P.V. Chadaga, Branch Manager, Central Bank of India, Arouza Building, Mangalore has lodged the complaint dated 25.1.1993 before the Station House Officer, North Police Station, Bunder, Mangalore alleging that he is submitting the complaint in the capacity of official of the Nationalized Bank; their bank has main branch at Arouza building at Hampankatta, Mangalore having an extension counter at the premises of St. Aloysius college at Mangalore. Sri. K. Balakrishna Bhat was working in their bank as a head cashier at the extension counter at the address given in the complaint above. The duty of the said head cashier consists of taking cash from the main branch to the extension counter and at the end of the business hours bringing back the cash balance of the day and delivering it to the main branch. He has to receive the cash from the customers of the bank and pay the amounts as demanded by the customers at the cash counter of the extension counter. The accused-K.B. Bhat has several other duties apart from making the payments and receiving the cash from the customers and he has to give the amalgamated statement of the daily transactions to the main branch. It is further averred in the complaint that on 13.1.1993, it was realized while balancing the books that there is difference between the figures at the main branch and in the extension counter. On further probing, it was found that the aforesaid cashier Sri. K.B. Bhat had tampered with the voucher/amalgamated statements some time during November 1992 and misappropriated bank's funds entrusted to him while discharging his duties. It is the further allegation in the complaint that the head cashier Mr. K.B. Bhat while making the payments was preparing voucher for higher amounts than what was actually paid to the customers and while preparing receipts for the amount received from the customers, he used to show deflated figures than the amount he actually received and thereby, he misused his position and misappropriated the amount of the bank. On the basis of the said complaint, FIR was registered as per Ex. P13 and matter was taken up for investigation. After the investigation report dated 12.5.1994, another FIR was registered in the case as per Ex. 284 and FIR was registered against Sri. K.B. Bhat, Head Cashier "E", Central Bank of India, St. Aloysius college, Extension counter, Mangalore and again investigation was taken up. After conducting and completing of the investigation, CBI filed the charge sheet in the matter against accused No. 1 Sri. K.B. Bhat and also against accused No. 2 J.P. Pais stating that both accused Nos. 1 and 2 have committed the offences punishable under Section 120B r/w Sections 409, 477A of IPC and under Section 13(2) r/w Section 13(1)(c) and (d) of the Prevention of Corruption Act, 1988 and caused wrongful loss to the Central Bank of India and wrongful gain to themselves to the extent of Rs. 32,50,000/-. As accused No. 1, the Head Cashier Sri. K.B. Bhat was absconding, the case was split up against him and after framing charge against the present appellant-accused No. 2, trial was conducted before the trial Court and the prosecution has examined in all 10 witnesses as P.Ws. 1 to 10 and got marked the documents at Exs. P1 to P296 and on the side of defence, Exs. D1 to D7 were marked. After considering the merits of the case, ultimately, the trial Court has convicted the appellant-a
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