KUM.G.SAISHIVABHAGYA Vs. STATE PUBLIC PROSECUTOR

JUDGEMENT

(1.) Petitioner in Crl.P.Nos.1520/2017, 1521/2017, 1522/2017, is accused No.5 in C.C.Nos.11474/2016, 11475/2016 and 11476/2016 respectively and is seeking for quashing of the proceedings. 2nd respondent herein lodged a complaint before Cottonpet Police Station, Cottonpet on 08.02.2005 against petitioner and four other employees of its Bank alleging that a sum of Rs.6,95,000/- of 2nd respondent bank - Akkipete Branch, has been misappropriated between 03.10.1997 to 31.03.2000 from 46 Savings Bank Accounts a sum of Rs.5,55,000/- during the period of 03.10.1997 to 04.10.1998 (C.C.No.11474/2016) a sum of Rs.55,000/- during the period 05.10.1998 to 06.10.1999 (C.C.No.11475/2016) and, a sum of Rs.90,000/- during the period 07.10.1999 to 31.03.2000 (C.C.No.11476/2016). Said complaint came to be registered in Crime No.36/2005 against petitioner and four other employees for the offence punishable under Section 420 of I.P.C.

(2.) On conclusion of investigation, charge sheets came to be filed against petitioner and four other accused persons for the offence punishable under Sections 408, 420 read with Section 34 of I.P.C. in C.C.Nos.11474/2016, 11475/2016 and 11476/2016, which proceedings are pending before IV Additional Chief Metropolitan Magistrate Court, Bengaluru.

(3.) In the meanwhile, Joint Registrar of Co-operative Societies ordered for an enquiry against 2nd respondent- Bank under Section 64 of Karnataka Co-operative Societies Act and Enquiry Officer on conducting such enquiry submitted a report on 20.11.2004 holding that petitioner and four other employees are jointly and severally liable to pay a sum of Rs.6,95,000/- with interest @ 18% per annum to 2nd respondent-bank.