STATE THROUGH CBI Vs. RAKESH BIST & ANR.

JUDGEMENT

(1.) The present revision petition is preferred by the Central Bureau of Investigation (CBI) against an order dated 2.11.2002 of the Special Judge, discharging the respondent accused of the offences punishable under section 120-B, 420, 419, 467, 468, 477 and 477-A of the Indian Penal Code (Indian Penal Code) and under Sec. 13(2) read with 13(1)(d) of the Prevention of Corruption Act. The trial court by its order dated 2.11.2002 discharged the Respondents.

(2.) The brief facts necessary to decide present case are that Sh. Rakesh Pahwa (hereafter A-1) was employed as the clerk cum cashier and Sh. Rakesh Bist, Clerk (hereafter Respondent-1) in the Oriental Bank of commerce(OBC), Wazirpur, Delhi. It was alleged that both cheated the bank to the tune of Rs. 24.75 Lakhs. During investigation, allegedly the role of Sh. Sanjeev Pahwa, brother of A-1 and Smt. Sushma Pahwa (Respondent no.2) wife of Sh. Rakesh Pahwa came to light. The allegation of Cheating the bank was mainly against the accused Rakesh Pahwa. The allegations regarding the others were that they entered into criminal conspiracy with him, and cheated the bank.

(3.) A-1 was posted in OBC since 1983 and from the year 1988 to 1991, he performed duties on the teller seat in the branch. From 1991 onwards, till mid- May 1994, he worked on book writing and posting in general ledger etc. He also did the job of bringing the inward clearing from the service branch. The Respondent no. 1 performed the job of bringing the inward clearing from the service branch during that period. They allegedly committed fraud by using the various SB/CA accounts being maintained at the branch and also with some other accounts of different banks. A-I and Respondent-1 used to write the schedule jointly and either of them used to go to the service branch for collecting the inward clearings.