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high_flyer (abc)     09 August 2012

Bearer cheque encashed

 

I completed Diploma in Civil Engineering in the year 2001 and thereafter I persuaded Graduate Engineering Course in Civil Engineering from the Institution of Engineers’ India. The curriculum was divided into 3 parts viz. Section A, Project & Section B each part taking a minimum time period of a year or even more.

After passing Section A , I was supposed to do a Project work under a qualified engineer govt or private. I got an opportunity to do my project under a local architecture firm of my home town. However, after a few months I got an opportunity through one of my friend for a contract engineer in the Central Govt Project called Sarva Siksha Abhiyan, wherein my job would be to supervise and oversee the construction of new school buildings.

The Project head was a Govt. Civil Service Officer. Almost all the employee were contracted . The contract would be renewed every 6 months. I was also managing my project work under the architect side by side.

In the month of March 2005, One fine day the Project Head from the Sarva Siksha Abhiyan project asked to run an errand for him by depositing the cheque of Rs 3,60,000 in the bank and handing over the money to the cashier of our office. I agreed as it was a simple case of withdrawing money from the bank which I had done several times for my parents.

He handed me over a bearer cheque duly signed by him on the front side. I rushed to the bank , I was asked to sign on the backside of the cheque before the money was handed over to me. I then collected the money and handed it over to the cashier as directed.

Couple of months later the cashier expired, he was a retired person who had been hired as a contract employee too.

More than a year later, it surfaced that there was a huge embezzlement of fund to the tune of 
over Rs 5 crore from our project office. The entire amount was withdrawn via 30 to 35 self or bearer cheques all of them authorized by the Project Head. The one I withdrew was amongst that 35 cheque. Ever since then The Project Head has remained absconding . 3 other contract employee had also deposited a couple of cheques in the similar fashion but for them it was a regular duty. It also surfaced that the bulk amount was en-cashed by the cashier himself who had by then already expired.

All four of us were initially issued show cause notice and later an FIR was lodged against us, the Project Head, 3 Bank Managers and the cashier on May 2006 under sections 420/467/468/471/209/120B of the Indian Penal Code, 1860 and  later sections 13(1)(d)/ 13(2) of the Prevention of Corruption Act was also added. We were put behind bars for almost 30 days and finally I got bail on july 2006. Though it was tough for me but I slowly and steadily went back to my studies and Graduated as a Civil Engineer in June 2007.

After that I have been attending the court as and when the date for appearance is fixed. The proceedings are on with the Project Head still absconding. Finally in May 2009 my lawyer prayed for discharge under section 167 (5) of the code of criminal procedure. But the CJM rejected it without any valid reason. My lawyer then appealed to the sessions court for revision of the CJM’s order to which the Sessions Judge also  rejected sighting that the Chargesheet was placed within 3 years, which was still incorrect.

Currently I have appealed to the state high Court for the quashing of all the criminal proceedings against me. The High Court Judge has temporarily stayed the proceedings in the lower court and fixed a date for hearing on Sept. 2012.

It is over 6 years now since the case has started against me and my life has literally turned miserable. I just did what my superior told to do and that too was just to en-cash the cheque which everyone of us have done several times in our lifetime. Therefore, there was no question of doubt .For me, it was simply impossible to understand the motive of my superior. My days in jail haunt me now and then while the prime accused is still at large. I would thus appeal to all the lawyers in this forum to help me find some orders/rulings and cases of similar nature which could be helpfull as a reference at the High Court during the hearing for which I would forever remain indebted.



Learning

 5 Replies

Kiran (Private)     10 August 2012

Always the corrupt escape and the people who unknowingly or knowingly help him will be targeted first.  You are unlucky to be one. 

This point also can be included in arguments at High Court to get justice.

R Trivedi (advocate.dma@gmail.com)     10 August 2012

1. Were you reporting to Project Head at that time ??

 

2. Who was signatory to that cheque ?? Where is he ??

 

3. Cheque was simple Self Cheque or it was issued in your name or in some other person name ??

 

4. How many such innocent persons are trapped like you ??

 

5. How you used to get your salary ?? Cash or cheque ?? If cheque then signatory to your salary cheque ??

 

6. What is the full observation on account of this fraud, means the modus of these cheats ??  How they were able to show the expenses on account of the money drawn, especially in your case under what heading this cash (your cheque) was adjusted against ??

 

These questions will help in deciding your defense infront of honorable Judge !! 

 

1. A lady Stamp paper dealer was jailed for 2 years, for selling Rs. 100 stamp paper in Rs. 110=00. Court observed that it was a serious offense.

 

2.  One GRP constable was jailed for 18 months for taking a bribe of Rs. 500=00, again the court observation was that if a policemen does it, it becomes even more serious. What if the home minister of a state does and gets caught ?? Poor fellow is the victim of political conspiracy !! He should be promoted !!

 

high_flyer (abc)     10 August 2012

Thank you Kiran and Mr R. Trivedi for your reply

@Mr. R. Trivedi following are the answers to your questions as marked in red.

 

1. Were you reporting to Project Head at that time ??

 

Ans. Yes

 

2. Who was signatory to that cheque ?? Where is he ??

 

Ans. The Project Head was the signatory, he was a  Govt Civil Service Officer and ever since the FIR was lodged he is absconding till date.

 

3. Cheque was simple Self Cheque or it was issued in your name or in some other person name ??

 

Ans. The cheque was a self cheque which read " pay self or the bearer..."

 

4. How many such innocent persons are trapped like you ??

 

Ans. There are 3 more employee from the same office who had encashed similar self cheques signed by the Project Head and handed over to the cashier like I had done

 

5. How you used to get your salary ?? Cash or cheque ?? If cheque then signatory to your salary cheque ??

 

Ans. Everyone received cash amount as salary.


6. What is the full observation on account of this fraud, means the modus of these cheats ??  How they were able to show the expenses on account of the money drawn, especially in your case under what heading this cash (your cheque) was adjusted against ??

 

Ans. out of 35 odd  self cheques except for 4 or 5  all the cheques were encashed by the cashier. As far as I heard, the cashier and the Project Head had shown fictitious construction of schools. The cheque that I encashed amounted to Rs 3,60,000 and I dont have any idea as to where they adjusted this amount, may be same as all the rest but I am not sure.

As far as I am concerned, I was told to encash the cheque and hand over the cash to the cashier. I did exactly that. After that I could not have guessed what their intentions were.

 

Dear Mr. Trivedi, it would be of great help if you could or anybody in the forum to give some court judgements or rulings with specific case numbers ( examples of specific cases that favour my stand) so that I could use those cases as references during my hearing at the High Court.

I would like to thank you once again for going through my article and responding. 

I would also appreciate if anyone would suggest me the future course of action keeping in mind that the hearing for quashing of my case at the High Court is scheduled next month.

R Trivedi (advocate.dma@gmail.com)     10 August 2012

It is difficult to get such citations offhand,  we will try, meanwhile please prepare your defense on above grounds very articulately, you may add that..

 

1.  You are the victim not the offender. Your life is ruined because of those unscrupulous people who used you.

2. Cash was withdrawn against a self cheque and handed over to cashier, this looked to you as normal practice in any commercial set up. If there was any malafide intentions on your part or if there was any fraudulent involvement of yours then you would not have signed on the back side of the cheque to collect. Honestly speaking your naivette was used by those  cheats.

3. Also state that you were new in professional career and by no stretch of imagination you could have been involved in this fraud. This fraud possibly was perpetuated by Project Manager and his people. Your mistake was just to follow the order of seniors, that too an order which looked quite normal in regular in due course of duty.

4. Main accused Project Manager possibly due to his financial clout is still absconding and police is not able to catch him, but you are suffering for last 6 years for no fault of yours, it is the question of your liberty which is guranteed by the constitution. Moreover beyond the signature on the withdrawal slip nothing else is found against you.

 

 

Most likely this will pull you through. Hight Court Judges are quite knowledgeable and they are bold enough to take right decisions.

high_flyer (abc)     11 August 2012

Thank you so much for your suggestions Mr. Trivedi. I shall remain forever grateful for your contribution. I also apprecaite your efforts in helping me find some citations. 


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