Noida court sentences retired sub-postmaster to three years in jail for 1993 money order fraud

Noida, Nov 3 (PTI) A court in Gautam Buddh Nagar has sentenced a retired sub-postmaster to three years in jail for cheating and criminal breach of trust by a public servant in connection with a money order fraud committed 32 years ago.

The court also imposed a fine of Rs 10,000 on the convict, with a default clause of one year's additional imprisonment.

The order was passed on October 31 by Additional Chief Judicial Magistrate (ACJM-I) Mayank Tripathi, who held Mahendra Kumar, a resident of Hapur's Pilkhuwa area, guilty under Sections 409 (criminal breach of trust by a public servant) and 420 (cheating) of the erstwhile Indian Penal Code.

The court cited the Supreme Court's 1988 judgment in Ram Shankar Patnaik vs State of Orissa, observing that refunding the defalcated amount does not erase the offence.

"Once the offence of criminal breach of trust is found as a fact, the return of the sum defalcated or the property entrusted does not wipe the offence. If the delinquent refunds the money defaulted, the court may reduce the sentence," the order stated.

According to the prosecution, the case dates back to October 12, 1993, when one Arun Mistry, a resident of Sector 15, Noida, sent a money order of Rs 1,500 to his father, Madan Mahato, in Samastipur, Bihar. At that time, Mahendra Kumar was posted as sub-postmaster at a post office in Sector 19, Noida.

It was alleged that Kumar accepted the amount of Rs 1,500 along with a Rs 75 commission but failed to deposit it in the government account. Instead, he issued a forged receipt to Mistry. When the recipient did not receive the money, Mistry lodged a complaint with Post Office Superintendent Suresh Chandra on January 3, 1994.

An internal inquiry revealed that the Rs 1,575 had not been deposited into the government's account and that the receipt was fake. Following this, Superintendent Suresh Chandra filed a police complaint against Kumar at the local Sector 20 Police Station. During the departmental investigation, Kumar admitted to the wrongdoing and deposited the embezzled amount on February 8, 1994, stating in writing that he would return any such amount if similar cases arose in the future.

In its judgment, the court said the prosecution had proved the charges beyond reasonable doubt.

"A government servant is expected to work with the highest honesty and integrity. Such crimes not only weaken the government system but also undermine public confidence," the court observed while pronouncing the sentence. PTI COR KIS DV DV