DHANANJAY BAGHMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard Mr. Anil S. Pandey, learned Counsel for Petitioner. Also heard Mr. Avinash Singh, learned Panel Lawyer appearing for Respondent-State and Mr. T.K. Jha, learned Counsel appearing for Respondent No.2-Society. None appears for Respondent No.3/ Complainant/Victim, though served.

(2.) Challenge in the present Writ Petition is to the Order dtd. 25/9/2019 (Annexure P-1) passed in Criminal Appeal No.39/2019, whereby the Appellate Court i.e. the Additional Sessions Judge, Bhatapara, District Balodabazar-Bhatapara has rejected the objections raised by the Petitioner with regard to the maintainability of the appeal filed by Respondent No.2 Society.

(3.) Briefly stated, the facts of the case are that the Complainant/Victim i.e. Respondent No.3 Lakhan Baghmar had lodged a written report in the Police Station, Suhela alleging that Rs.5,30,000.00 has been fraudulently withdrawn by some one from his Account No.624053030021 of District Sahakari Kendriya Maryadit Bank, Branch Bhatbhera by using his Kisaan Credit Card at Suhela SBI ATM and Hirmi SBI ATM centers between 14/6/2017 to 23/7/2017. Upon investigation, on the basis of CCTV footage and memorandum statements of the witnesses, the Petitioner was arrested and the matter was put to trial before the Judicial Magistrate First Class, Simga, Distrit Balodabazar-Bhatapara for the charges under Ss. 409, 418 of the Indian Penal Code. The Trial Court, by its judgment dtd. 3/2/2018, after considering the entire pleadings and the evidence, acquitted the Petitioner of the charges under Sec. 409, 418 of the Indian Penal Code.