MADAN LAL ARORA Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) Heard Sri Ashok Agarwal, Learned Counsel for the Petitioner and Sri S.S. Adhikari on behalf of the State.

(2.) The Petitioner is facing trial in case crime No. 168 of 2001 under Sections 409, 420, 469 and 471 I.P.C. in the Court of Judicial Magistrate, Ilnd, Dehradun. He is aggrieved by the order dated 13.8.2001 passed by the Magistrate concerned rejecting his application under Section 239, Code of Criminal Procedure. for his discharge and by order dated 25.9.2000 passed by the revisional Court dismissing his revision there-against. The Petitioner was Cashier in Dehradun Dugdh Utpadak Sahkari Sangh. On two dates, two amount of Rs. 5,000/- were deposited in bank accounts of Dugdha Utpadak Sahkari Sangh, but in fact the deposit was done of Rs. 75,000/- by interpolating counter foils of the deposit receipts by putting the digit of '2' before digit of '5' in one and adding '0' after the ' figure of 5000/- in another. According to the applicant, he was out of station to Haldwani on the relevant date and interpolation in the counter foils of the receipts of deposit had been made by the Assistant Accountant Dharam Pal. It is not disputed that the charge of cash was with the Petitioner, he being the cashier.

(3.) Earlier to the submission of the charge-sheet by order dated 12.7.2000, Division Bench of Allahabad High Court had stayed the arrest of the applicant till the submission of the charge-sheet. It is a fact that the Petitioner neither surrendered before the Court concerned after submission of the charge-sheet nor applied for bail. As such application under Section 239, Cr. R C. by him was not even maintainable when he was not submitting to the legal machinery.