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2019 Supreme(Kar) 2215
IN THE HIGH COURT OF KARNATAKA
K. Natarajan, J.
Lakshmidevi - Appellant
Versus
State Of Karnataka - Respondent
Criminal Revision Petition No. 208 of 2011
Decided On : 26-04-2019
Subject
Criminal Law - Fraud and Misappropriation
Act Referred
INDIAN PENAL CODE : S.408, S.477(a), S.420, S.120(b)
Headnote
Criminal Procedure Code,1973 – Section,360 - Indian Penal Code,1860 – Sections,408 477-A 420 and 120-B – Investigation - Punishment - Bank and both conspired together to cheat bank and to cause wrongful loss to bank and opened FD account in said bank but issued FD receipt for an amount without receipt thereby caused wrongful loss to bank and cheated bank by falsifying accounts of bank in Managers Scroll Cashiers Scroll and other books of account facilitating said withdraw amount though she was not entitled for so much amount and thereby amount to tune has been misappropriated and made personal gain –Held, Court Government Pleader contended that offence is heinous one and trial Court has already imposed simple imprisonment and fine amount- Therefore he submits that it need not be required to reduce sentence counsel and looking and circumstances misappropriation amount was only petitioner suffered and litigating case from till date and looking to age and date of offence which was committed between and petitioner being woman and looking to her age is deem fit and proper to modify sentence of imprisonment awarded by trial Court into fine that will meet ends of justice Court already extended benefit and in first case petitioner has been granted benefit of Probation of Offenders -Therefore in my considered opinion petitioner is not entitled for same benefit for subsequent offences committed by petitioner- Therefore in my considered view judgment of conviction passed by trial Court is deserved to but sentence is required to be modified- Accordingly court pass following order – Petition allowed
Advocate Appeared:
B.S. Sridhar, Adv., C.G. Gopalaswamy, Adv., S.T. Naik, Adv.
JUDGMENT :
K Natarajan, J.
This Revision Petition is filed by the petitioner under Section 397 (1) of Cr.P.C., 1973, being aggrieved by the judgment of conviction and sentence passed by IV Additional Chief Metropolitan Magistrate, Bengaluru in C.C.No.3404/1984. He has been convicted for the offences punishable under Sections 408, 477-A, 420 and 120-B of IPC and the same has been confirmed by the Fast Track Court-VIII, Bengaluru City in Cri.A.No.188/2002 vide judgment dated 30.10.2010.
2. Heard the arguments of the learned counsel for the petitioner and the learned High Court Government Pleader.
3. The rank of the parties before the trial Court is retained for the convenience.
4. Before adverting to the arguments of the learned counsel for the petitioner, it is worth mentioning the factual matrix of the case on hand.
5. The accused No. 1 (the present petitioner), being the ledger clerk and the accused No. 2, being the Manager in Vysya Co-operative Bank, V.V.Puram Branch, Bengaluru during the period between 18.11.1969 and 17.10.1979 having dominion over the accounts and funds of the Bank and both conspired together to cheat the bank and to cause wrongful loss to the bank and opened FD account on 23.12.1976 in LF No. 7/103 in the said bank in the name of A.G.Susheelamma-PW.6 for Rs.300/- but issued FD receipt for an amount of Rs.1,300/- without receipt of Rs.1,000/- thereby caused wrongful loss to the bank and cheated the bank by falsifying the accounts of the bank in the Managers Scroll, Cashiers Scroll and other books of account facilitating the said Susheelamma to withdraw the amount of Rs.1,417/- though she was not entitled for so much amount and thereby the amount to the tune of Rs.1,100/- has been misappropriated and made personal gain.
6. Subsequently, one L.B.Joshi was appointed as Administrator and later, PW.1 N.S. Manohar was appointed as Administrative Officer on 24.07.1979 and after assuming the charge as Administrative Officer, he had found that the audit accounts of the bank for the year 1977-1978 was in arrears and he got audited the accounts of the bank through the auditor one Raghupathi and the auditor submitted the report as per Ex.P1 where it was revealed that the accused Nos. 1 and 2 had opened the FD account in the name of PW.6- A.G.Sushelamma by receiving Rs.300/-, but issued receipt for Rs.1,300/- and also facilitated her to withdraw a sum of Rs.1,417/- and thereby, misappropriated Rs.1,117/- for their personal gain. Thereafter, by obtaining the authorization letter from the Deputy Registrar of the Co-operative Society and then lodged the complaint against the accused before the Central Police Station and later, the investigation was took up by the COD Police and after the completion of investigation, the charge sheet came to be filed against the accused Nos. 1 and 2.
7. The accused appeared through their counsel, they have been released on bail after furnishing the charge sheet materials and the trial Court framed the charges for the above said offences. They are not pleaded guilty and claims to be tried. The prosecution in ordered to prove the case, in all examined 11 witnesses and got marked 47 documents. After closing the prosecution evidence, the accused were examined under Section 313 of Cr.P.C. The case of the accused was one of the total denial but not entered into any defence. After hearing the arguments, the learned trial Judge found the accused guilty and convicted and sentenced to undergo imprisonment for 6 months and to pay a fine of Rs.500/- and in default to undergo simple imprisonment for one month for the offence punishable under Section 408 of IPC. They have also sentenced to pay Rs. 500/- and to undergo simple imprisonment for 4 months and in default to undergo simple imprisonment for one month for the offence punishable under Section 420 of IPC; Further, sentenced to pay a fine of Rs. 500/- and in default to undergo simple imprisonment for one month for the offence under Section 477-A of IPC. Th
