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Showing contexts for: wrongly debited in Cbi vs . (I) Sh. Vinay Kumar Jain (A1) on 7 June, 2016Matching Fragments
45. PW6 is Dinesh Kr. Bhardwaj , who was working as Senior Manager in the Bank of Maharashtra, from the year 1973 to 31.03.2006 and he knew V.K. Jain (A1) who was the Branch Manager of Bank of Maharashtra, Dr. Mukherjee Nagar Branch during the relevant period. He also deposed that A1 while working as CBI Vs. Vinay Kr. Jain & Ors 36 of 176 Branch Manager , Dr. Mukherjee Nagar Branch had committed various irregularities by wrongfully debiting clearing House Receivable account (CHR account). As A1 used to wrongfully retained the cheques received in clearing when there was no sufficient balance available to honour the cheques and thereafter, after several days when the balance used to be available in the account, he would adjust these entries allowing the wrongful credit.
46. He has deposed regarding the cheques no. 142584, 142583, 142585, issued by M/s. P.D. Enterprises all for Rs. 2.5 lacs each and also the cheque no. 251166 issued by Uma Super Insulation who was also the customer of Bank of Maharashtra for Rs. 2 lac. He further deposed that all these four cheques amounting to Rs. 8,50,000/ were received in clearing on 01.07.1987 and there was no sufficient balance available in party's account. So, the same could not be passed. However, these cheques were wrongfully retained in the Bank instead of returning and the amount was debited to office account CHR vide debit CBI Vs. Vinay Kr. Jain & Ors 37 of 176 voucher dated 01.07.1987, copy of the same is Ex. PW6/B(original has been kept in CC no. 05/15 with Ex. Mark PW12/E). Parties continued to enjoy wrongfully bank funds for 30 days without paying any interest and subsequently when these parties arranged funds, the entry was reversed on 31.07.1987 vide credit voucher Ex. PW6/C(Original has been kept in CC no. 05/15 with Ex. Mark PW12/F). The wrongful debit of Rs. 8,50,000/ on 01.07.1987 was done by A1 V.K. Jain, the then Branch Manager, Dr. Mukherjee Nagar Branch and the respective cheques were kept by him wrongfully without returning the same to the clearing house immediately. He has also deposed with regard to cheque no. 135378 for the amount of Rs. 2 lacs issued by G.K. Electronics and also deposed with regard to cheque no. 135379 also issued by G.K. Electronics and another cheque no. 135381 issued by G.K. Electronics. These cheques are Ex. PW6/D to PW6/F. The cheque PW6/D was issued on 18.06.1987 whereas cheque Ex. PW6/E and PW6/F were issued on 19.06.1987.
143.To this positive assertion made by PW1 in his examination in chief that the said account of M/s Pragati Conductors of which A4 was the proprietor was only debited on 30.03.1986 in the handwriting of A1 has not been disputed in the cross examination by putting any question in this regard.
144. Perusal of statement of account shows that there was no sufficient balance in the account of M/s Pragati Conductors on 02.03.88, when the said cheque was presented for, yet the said cheque was not returned to the collecting bank and was kept in the branch and same was wrongly debited by A1 after almost 28 days by making false entry in his own handwriting. The CBI Vs. Vinay Kr. Jain & Ors 97 of 176 signatures appearing at point Q71 were also sent to GEQD expert who also opined after comparing the admitted signatures of A4 taken during the investigation that it was positive, written by one and the same person vide opinion no. 3 in his report Ex PW5/O1.