SRINIVAS P.N. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition has been filed by the petitioners/accused Nos.8 and 9 challenging the order passed in Crl.R.P.No.791/2016 by the LXIV Additional City Civil and Sessions Judge, Bengaluru in Crl.R.P. No.791/2016 dated 10.10.2018.

(2.) I have heard the learned counsel for the petitioners/accused and the learned High Court Government Pleader for respondent ? State.

(3.) The gist of the complaint is that petitioners/accused No.8 and 9 being the employees of Karnataka Bank, Srirampuram Branch, Bengaluru failed to deposit the cheques received from the District Treasury to different branches of Karnataka Bank. It is further alleged that accused No.1, being the Secretary of Shi Education Society and accused No.2, during her tenure as Head Mistress at Kannada Higher Primary School, prepared a fabricated bills relating to salary payments of teachers of Kannada Higher Primary School, have forged the signatures of Educational Authorities on the said bill, cheated and fabricated the records. When the said cheques have been presented, the petitioners-accused being the employers have credited the said cheques to the accounts of accused Nos.1 to 4 by violating the Rules and thereby, they have committed the offences. On the basis of the complaint, investigation was conducted and the charge sheet has been filed. Accused appeared and filed an application under Section 239 of Cr.P.C., before the learned Magistrate. The learned I Additional C.M.M. Court, Bengaluru after hearing the learned counsel appearing for the parties, dismissed the petition. Being aggrieved by the same, the petitioners