SHIVAKUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the petitioner's counsel and the learned HCGP for the respondent-State in both the petitions.

(2.) The factual matrix of the case is that the complainant is the account holder at Indian Bank and she is aged about 80 years and her husband is also retired engineer and they are having the bank account from 1991 and they are not having any children and the bank officials are helping them since they were aged and believed the bank officials.

(3.) That on 21.10.2016 the complainant intend to withdraw an amount of Rs.2 lakhs from her account and her husband took the blank cheque after obtaining her signature in order to draw an amount of Rs.2 lakhs and the same was given to the petitioner in Crl.Pet.No.100122/2019 and an amount of Rs.2 lakhs was given to her husband. That on 06.07.2017 herself and her husband both went to the bank and gave an amount of Rs.15 lakhs to deposit the same into their account and the manager called them to chambers and they gave amount of Rs.15 lakhs and at that time they enquired with regard to the passbook and at that time the bank manager collected the amount of Rs.15 lakhs and informed that he will deposit the amount and thereafter to take entries about the same in the passbook and he did not give any receipt for having received the amount to the tune of Rs.15 lakhs. Later on after one and half months they went to the bank to withdraw an amount of Rs.15 lakhs which was deposited and the bank manager and the staff told that the said amount was withdrawn on 16.09.2017 itself to the tune of Rs.10 lakhs and it was surprised to them and sent them back and immediately account balance was verified and instead of depositing Rs.15 lakhs, only an amount of Rs.10 lakhs was deposited on 06.07.2017 and an amount of Rs.10 lakhs was withdrawn on 16.09.2017 vide self cheque No.749248 to the tune of Rs.10,01,000.00 and the said cheque does not bears the signature of the complainant and then came to know that the bank staff and manager have committed fraud on them and hence complaint was lodged against the bank staff and the manager. Based on the complaint, the police have registered the case in Crime No.317/2017 for the offences punishable under Sections 409, 417, 468 and 420 of IPC.