Fooder scam Judgement given by Sri G. K. Singh Spl. Judge VII CBI ...

71This accused has stated in this defence that he was a servant of Dr.Shesh Muni Ram and he was dong all the work under direction of Dr. SheshMuni Ram and Dr. Shesh Muni Ram opened the firm in his name.26. According to the prosecution, accused Ram Avtar Sharma wasProprietor of M/s Tripty Agency, Patna. From Ext. 2/515 to 2/624 arevouchers. According to the prosecution case without supply of medicinethese vouchers have been prepared and on the basis of fake vouchers underconspiracy with other accused persons fake and forged Bills from Ext. 3/47to 3/54 were prepared and amount of Rs. 4,99,599=00 (Rupees Four lakhsNinety-nine thousand Five hundred Ninety-nine) was withdrawn by theBank drafts. The Bank Drafts are Ext. 30/48 to 30/55. The said amount wasdeposited in the Bank Account of this firm. Ext. 30/48 to 30/55 are BankDrafts. The signature of accused was found on the back since of the BankDrafts.P.W. 53 Binodanand Jha stated in para-2 that on demand of CBI,Patna he supplied the Account Opening Form and Ledger Sheets of the saidFirm M/s Tripti Agency, Patna. The Letter dated 1/2 -8/1996 which waswritten and signed by this witness and Account Opening Form and LedgerSheet have been supplied to the CBI. The said Letter has been marked asExt. 15/29. In para-3 the Account Number was disclosed by this witness ofM/s Tripty Agency, Patna i.e. Account No. 962. It is submitted that theAccount was opened on 17.12.91. The Account opening form and Ledgersheet have been marked as Ext. 31/6 and 32/4 respectively.P.W. 43 Jawahar Lal Sinha proved in para-11 all the eight BankDrafts of M/s Tripti Agency, Patna i.e. marked as Ext. 30/48 to 30/55.It is argued on behalf of the accused Ram Avtar Sharma that he wasnot the proprietor of M/s Tripti Agency, Patna. His uncle Rajendra Sharma@ Sudarshan Sharma was proprietor of this firm.It appears from deposition of P.W. 53 Binodanand Jha that he statedin para-7 that Account No. 962 was not opened in his presence. In para-9 hestated that in Ext. 31/6 the name of Account Holder has been mentioned asM/s Tripti Agency, Road No. 10, Rajendra Nagar, Patna and in the signatureof sole proprietor ‘R. Sharma’ has been mentioned but the father’s name ofR.Sharma has not been mentioned. In Account No. 962 the name of