H.M. RAMESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard learned counsel for the petitioner.

(2.) The complainant is the Manager of the state Bank of Mysore, Dharwad Branch, who has filed the complaint on 22.04.2016. The contention of the complaint is that Anjuman Education Trust is operating a savings bank account in their bank at Dharwad branch for the purpose of disbursing salary to the staff. The accused was branch Manager of State Bank of Mysore, Dharwad Branch between 23.05.2012 till 31.10.2013. An internal audit was conducted recently and it was noticed that he has made as many as 38 unauthorized suspicious transactions and misappropriated the periodical interest accrued into the above savings bank salary account of the educational trust and siphoned off the same and credited it into various customers accounts, which caused loss to the bank to the tune of Rs.6,20,626 -00.

(3.) Learned counsel for the petitioner would submit that even as per the complaint the petitioner was working in Dharwad Branch till 31.10.2013 only. He further submits that all the documents which allegedly demonstrate the illegality are already in the possession and safe custody of the complainant bank. He would further submit that the petitioner is presently discharging duties as Chief Manager of the Mandya Branch. He further submit that no departmental proceedings have been initiated against the petitioner nor any show cause notice been issued to him. It is also not in dispute that the alleged account holder has not preferred any complaint before the police. He would submit that the petitioner is being falsely implicated to settle scores. He would also point out that the accounts of the bank were audited regularly and there is enormous delay in filing the complaint. Hence the allegation that only recently the alleged offence was detected is false and is being made with an ulterior motive.