DALBIR SINGH CHETTRI Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) By means of this criminal revision preferred under Section 397/401 Cr.P.C., accused revisionist is assailing the judgment and order dated 04.10.2004 passed by Judicial Magistrate, Dehradun whereby accused revisionist was convicted and sentenced to undergo 3-year rigorous imprisonment and to pay fine of Rs. 5000/- failing which to serve additional 6-month imprisonment for the offence punishable under Section 409 IPC as well as judgment and order dated 18.11.2004 passed by Additional Sessions Judge / 1st FTC, Dehradun whereby criminal appeal filed by the revisionist was dismissed upholding the judgment & order passed by the learned Magistrate.

(2.) Brief facts, inter alia, are that accused revisionist, at the relevant time, was posted as officiating Head Cashier in the Union Bank of India, Wadiya Branch, Dehradun. On 10.11.2003, accused revisionist went to Rajpur Road Branch of the said Bank and demanded Rs. 15,00,000/- therefrom for Wadiya Branch saying there was a Seminar in the Wadiya Institute, therefore, a heavy cash would be required in the Branch.

(3.) Having investigated the matter, a charge-sheet was submitted by the Investigating Officer under Section 409, 420, 411 IPC, however, learned Magistrate framed charge against the revisionist under Section 409 IPC and in alternate, under Section 420 IPC. From the side of prosecution, 9 witnesses were produced in order to prove the prosecution story.