IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANI

th

ON THE 30 OF OCTOBER, 2025 CRIMINAL REVISION No. 1246 of 2000 APRESH SHARMA Versus THE STATE OF M.P.

Appearance:

Shri Amit Dubey - Advocate for the appellant.

Shri Sachindra Raghuwanshi - Panel Lawyer for the respondent/State.

ORDER This criminal revision under section 397/401 of the Code of Criminal Procedure, 1973 has been filed by the applicant/accused assailing the appeal judgment dated 31.08.2000 passed by the learned II Additional Sessions Judge, Balaghat (MP) in Criminal Appeal No.56/2000 (Santosh Kumar Sharma Vs. State of M.P.) whereby the learned appellate court partly allowing the appeal has maintained the conviction under Sections 409 and 467 of IPC as also the sentence under Section 409 of IPC but modified the sentence under Section 467 of IPC as one year R.I. and fine of Rs.1000/- in place of R.I. for two years and fine of Rs.2000/- with default stipulation. The aforesaid appeal was filed against the judgment of conviction and order of sentence dated 28.04.2000 passed in Criminal Case No.151/98 (State of M.P. Vs. Santosh Sharma) by Judicial Magistrate First Class, Balaghat (MP) whereby the accused was convicted under Sections 409 and 467 of IPC and sentenced to suffer R.I. for 01 year R.I. and fine of Signature Not Verified Rs.1000/- and R.I. for 02 years and fine of Rs.2000/- respectively with default stipulations.

2. The case of prosecution in short is that on 19.09.1985 the Branch Manager of State Bank, Balaghat submitted a written complaint to the effect that accused/applicant S.K. Sharma was posted as Field Officer. On 10.06.1983, after making entries towards receipt of Rs.20,000/- in the account of Bhatia Tiles Industries, he put his signatures whereas there was no mention in the Day Book of the Bank in regard to receipt of such amount and with an intention to show the receipt of Rs.20,000/- as true, the accused after making changes in the index of interests, showed the amount of Rs.20,000/- in excess. In this way, the accused made wrong entries of Rs.20,000/- in the ledger. Likewise on 28.12.1982, the accused made wrong entries towards receipt of Rs.3000/- in the account of Harshad Bhai Patel and after obtaining the aforesaid amount, he had given him a receipt signed by himself. The accused/applicant also made wrong entries towards receipt of Rs.4545.10 on 01.07.1982 and receipt of Rs.10,000/- on 24.03.1983 in the account of Sushil Kumar Agrawal. In addition, on depositing Rs.2595.90 by the account holder Buddhulal in his account, entries were made in the pass- book to that effect but in the ledger of the bank, no such entry was made. On the basis of written complaint filed by the then Branch Manager, State Bank of India, Balaghat, a case has been registered by the Police Station Kotwali. During the investigation, seizure memos were prepared, concerned ledger and counter files of receipts, pass book of Buddhulal were seized, statements of witnesses were recorded. After completion of the Signature Not Verified investigation, a charge sheet was filed in the Court on 04.11.1989.

3. The learned Trial Judge on the basis of the averments made against the accused in the charge sheet framed charges punishable under Sections 420, 467 and 409 of IPC. The applicant/accused abjured his guilt and took a plea that neither he has taken any amount in question nor he has made any wrong entry to that effect.

4. The prosecution, in order to bring home the charges has examined as many as 08 witnesses, which are B.Asthana (PW-1), K.B. Gandhi (PW-2), Buddhulal (PW-3), Ramesh Kumar Nema (PW-4), Harshad Bhai Patel (PW-5), Sushil Kumar Agrawal (PW-6), R.K. Sonkar (PW-7) and R.D. Singh (PW-8) and placed Ex.P/1 to P/7 the documents on record.

Accused/applicant has not chosen to examine any witness in his defence.

5. After recording evidence of the parties and hearing them, learned Judicial Magistrate First Class, Balaghat has acquitted the accused