CATHOLIC UNION BANK LTD Vs. ANTONY

JUDGEMENT

(1.) This is an appeal under S.417 (3), Crl. P. C., against the acquittal of the respondents who were the accused in Sessions Case No. 3/58 on the file of the Assistant Sessions Judge of Irinjalakuda. The facts of the case so far as are necessary for the decision of this appeal may be taken as follows.

(2.) The 1st accused in the case was the cashier of the Mala Branch of the Mala Catholic Union Bank Ltd. (hereinafter referred to as Mala Bank). In his capacity as the cashier of the bank, be was in charge of the cash as well as the jewels of the bank. The Mala Bank among its other businesses used to advance money on the pledge of ornaments. The second accused was the proprietor of a private bank known as Chackos Bank. The third accused who is the brother of the second accused was in charge of the Chackos Bank at Mala and the 4th accused was the peon of that branch. Chackos Bank was also lending money on the pledge of jewels and they were re-pledging the ornaments thus obtained.

(3.) The prosecution case was that all the 4 accused conspired together to cheat the Mala Bank and in pursuance of the conspiracy the jewels pledged by Chackos Bank with the Mala Bank Were from time to time clandestinely handed over by the 1st accused to the 3rd accused without the money due under the pledge being paid.