SUNIL AGGARWAL Vs. STATE

JUDGEMENT

(1.) THIS is a revision petition filed by the petitioner against the order dated 6. 6. 2009 passed by Sh. Vinod Goel, learned Special Judge rejecting the application of the petitioner u/s 319 of Cr. P. C. for summoning of PW-19 Tika ram Wagley having as an accused.

(2.) BRIEFLY stated the facts of the case are that the petitioner along with some other officials of the bank is facing a trial for an offence u/s 420/468/471/34 ipc for having opened 26 accounts and withdrawing a huge amount from the bank and transferring the same to these fictitious accounts, and therefore, using the said amount for his own benefits.

(3.) THE prosecution in support of its case had examined 19 witnesses. After examination of these witnesses, the present petitioner Sunil Kumar, an accused filed an application u/s 319 of Cr. P. C. for summoning of Tika Ram Wagley who was examined as PW-19 and who was working as an Accountant cum Desk Clerk of state Bank of India, P. Nagar branch Delhi on the ground that Tika Ram Wagley was also involved as an accused and needs to be tried jointly along with the present petitioner and the other accused persons. The reason for this was that it is alleged that Tika Ram Wagley in between the relevant period from 1990 to 1992 was authorized to open Saving Bank account and 26 accounts which were allegedly opened during his tenure. It was alleged that he has admitted during his examination that he was authorized to sign account opening form or introduce some of the account holders of the bank etc. Therefore, it is assumed that in respect of some of these 26 accounts he may have completed the formalities which shows his complicity.