SHIVANAND AND ORS Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner (hereinafter referred to as 'accused') was working as a Cashier in Shri Veer Pulikeshi Sahakari Bank Niyamit (for short, 'the bank') On 15.03.2006 at about 5.30 p.m., a team of officials of Reserve Bank of India inspected the bank and checked cash section and found deficient cash of Rs.86,500.00. The accused admitted that he had misappropriated a sum of Rs.86,500.00. The accused was given 24 hours time to repay the said amount. The accused did not pay the said amount within 24 hours. Therefore, first information was lodged on 17.03.2006. The accused had repaid entire amount of Rs.86,500.00 on 18.03.2006. PW7- Harishkumar P.M. & PW8-Fakirappa Lingadal took up investigation of first information registered against accused.

(2.) There are concurrent findings of courts below that accused being a Cashier of the bank had misappropriated a sum of Rs.86,500.00 on 15.03.2006 and repaid the same on 18.03.2006 after first information was lodged on 17.03.2006.

(3.) The courts below on appreciation of evidence of PW1-Pampanna Kashatti, the then General Manager of the bank, PW2-Yallappa Neelagund (a pigmy agent), PW3-Shivanand Halakurki, the then Branch Manager of the bank and PW4-Shekharappa Abbigeri, the then Junior Assistant of the bank and documentary evidence such as cashier scroll book, passing officials scroll book, cash withdrawal scroll book, cash diaries, cash credit receipts, cash certificate, expenditure receipts and debit receipts have held that accused had misappropriated a sum of Rs.86,500.00 on 15.03.2006.