NDLI: Bank of India Vs. Yeturi Maredi Shanker Rao & Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Accused Getting signatures of account holder forged on withdrawal forms
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Indian Penal Code (45 of 1860)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Indian Penal Code, 1860; s. 467 read with s.109 and s.471- Accused-Bank Clerk-Getting signatures of account holder forged on withdrawal forms-Drawing money by presenting them in Bank-Held liable to be convicted for offences. The respondent-Accused, who was working as an Accounts Clerk in the appellant Bank in the very branch where P. W .1 had her account, was alleged to have presented forged cheques on her account and misappropriated the sum withdrawn. He has prosecuted for offences under s.467 read with ss. 109, 471, 408 and 420 of lndian Penal Code. The trial court and the appellate court found that the signatures on the withdrawal forms were not that of P.W. land that they were also not forged by the accused. But they recorded a concurrent finding of fact that the withdrawal forms bearing forged signatures of P. W. 1 were presented in the Bank by the respondent -accused and he obtained money and put his signatures on the reverse in acknowledgement of receipt of money, that the money so obtained was pocketed by the respondent-accused and was not returned or paid to P. W. 1. He was acquitted by the trial court of the charge under s.408 and by the appellate court under s.420, and ultimately convicted of the offence under s.467 read with s.109 and s.471. The State did not prefer appeal against the acquittal under ss. 408 and 420. On appeal by the accused-respondent, the High Court took the view that there was no evidence as to who forged the signatures of P. W. l on the withdrawal form and that it could not be said that the accused-respondent knew that the document was forged or that he got the document forged. It came to the conclusion that the offence under s.467 read with s. 109 was not made out and that consequently his conviction under s.471 also could not be maintained. I In these appeals it was contended on behalf of the appellant Bank that the respondent-accused was liable because he has admitted that the signatures on the back of the withdrawal form were his signatures acknowledging the receipt of money which he pocketed himself.
Judge	Hon'ble Mr. Justice G.L. Oza
Neutral Citation	1987 INSC 26
Petitioner	Bank Of India
Respondent	Yeturi Maredi Shanker Rao & Anr.
SCR	[1987] 2 S.C.R. 87
Judgement Date	1987-01-28
Case Number	485

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