Don't bother any more, but Never do so in future. Following judgment will help you.----------
CASE NO.:
Appeal (crl.) 650 of 1998
PETITIONER:
MANORANJAN DAS
RESPONDENT:
STATE OF JHARKHAND
DATE OF JUDGMENT: 21/04/2004
BENCH:
K.G. BALAKRISHNAN & B.N. SRIKRISHNA
JUDGMENT:
2004 Supp(1) SCR 601
Concluding part of the judgment is---------------------------
The appellant had introduced Loknath Acharya to the
Bank only for opening an account and that by itself does not spell out any
fraud or cheating.
There is no evidence to show that the present appellant instigated Loknath
Acharya to present bogus drafts before the complaint Bank. It is also not
correct to say that appellant was in anyway responsible for the loss
sustained by the Bank. When the bank passed the cheque for Rs. 27, 000/- at
a time when the account holder Loknath Acharya had no sufficient money in
his credit. They acted on the bogus drafts given by him. For which the
appellant who had introduced the account holder about six months back
cannot be made liable for commission of offence of abetting office of
cheating.
The trial court as well as the appellate court committed serious error in
finding the appellant guilty of judgment of the trial court, Sessions Court
and the judgment of the High Court and acquit the appellant of the charge
of Section 420/109 IPC. The bail bonds shall stand discharged. The appeal
is allowed.
As Shivramprasad Sir has said, You alone is not liable. Bank should rely on account holder's document and it's own verification.