2026:CGHC:11753 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 2660 of 1999 PAWAN Reserved on: 02.02.2026 KUMAR JHA Delivered on: 11.03.2026 Digitally signed by PAWAN KUMAR JHA Uploaded on : 11.03.2026 • Smt. Chandrakala Devi W/o Hariram Agrawal, aged 45 years, Housewife, R/o Jail Durga Auto Centre Saraipali, Police Station Saraipali, District Mahasamund (M.P.) (now C.G.)

--- Appellant/Defendant versus

1. State of Madhya Pradesh through the C.B.I.

---Respondent/Plaintiff ____________________________________________________________

For Appellant : Mr. Ravindra Sharma, Advocate For Respondents : Mr. Vaibhav A. Goverdhan, Adv and Ms. Anuja Sharma, Adv Hon'ble Shri Justice Parth Prateem Sahu C.A.V. Judgment

1. Challenge in this appeal is to the judgment of conviction and order of sentence dated 30.09.1999 passed by learned Fifth Additional Sessions Special Judge (CBI), Jabalpur in Special Case No. 2/96, convicting and sentencing the appellant in following manner.

default, R.I. for 6 month R.I. for 1 year and fine of ₹ 3000 in U/s 477A/120B of IPC default, R.I. for 6 month U/s 13(1)(d)/13(2) of the R.I. for 1 year and fine of ₹ 4000 in Prevention of Corruption Act read default, R.I. for 6 month with Section 120B of IPC

2. The prosecution case, in brief, is that accused B.P. Rautre was posted as Clerk/Special Assistant at the Central Bank of India, Saraipali Branch, in April 1992. He entered into a criminal conspiracy with co- accused/ appellant Chandrakala Devi to defraud the said bank. In pursuance of the alleged conspiracy, on 30.04.1992, accused B.P. Rautre withdrew a sum of ₹ 20,000/- from H.S.S. Account No. 2442 belonging to Surendra Kumar Saluja and ₹10,000/- from H.S.S. Account No. 4978 belonging to Upendra Kumar Bhoi. Out of the said amounts, ₹20,000/- was transferred, through a transfer voucher, to H.S.S. Account No. 3666 standing in the name of accused Chandrakala Devi. It is alleged that, despite having knowledge of balance of only ₹460.57/- in her account, accused Chandrakala Devi issued Cheque No. 3963 dated 30.04.1992 for ₹40,000/-. Before detection of the alleged irregularities, she closed the said account. According to the prosecution, by issuing the cheque and receiving the amount which had been transferred through illegal means, accused Chandrakala Devi dishonestly induced the bank to part with ₹40,000/-

and thereby committed fraud.

3. Upon receiving information regarding the fraud at the Saraipali Branch, Shri C.K. Pandey conducted a preliminary inquiry on the directions of the Chief Internal Auditor and submitted his report. Thereafter, the matter was handed over to the CBI. On the basis of the information received, the Superintendent of Police, CBI, Jabalpur registered FIR bearing RC No. 54(A)/92 dated 30.11.1992 and entrusted investigation to Inspector Devendra Singh. During investigation, various documents were seized, witnesses were examined, and specimen handwriting and signatures of concerned persons ie., Tulsiram Sahu, N.K. Meher, Umeshchand Guchhayat, Upendra Kumar Bhoi and accused Chandrakala Devi, Narsingh Sahu etc., were obtained and sent to the Government Examiner of Questioned Documents, Central Forensic Institutes, Calcutta. After completion of investigation and receipt of the expert report, investigating agency concluded that the accused persons had committed offences punishable under Sections 120B, 420, 468, 471, 477-A of the Indian Penal Code and Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988. As accused/ appellant Chandrakala Devi was not a public servant and accused B.P. Rautre had already been separated from service, no sanction for prosecution was obtained, and a charge-sheet was filed before the competent court.

4. During trial, accused B.P. Rautre remained absconding and was declared so by the court. Charges were framed against accused Chandrakala Devi for the offences under Sections 420, 468, 471, 477-A read with Section 120-B of the Indian Penal Code and S