STATE OF GUJARAT Vs. BHANUPRASAD SURYAKANT PATEL

JUDGEMENT

(1.) THE present appeal, under Section 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 21.02.2004 passed by the learned Metropolitan Magistrate, Court No. 15, Ahmedabad in Criminal Case (Old) No. 1173 of 2000/Criminal Case (New) No. 4442 of 2003, whereby the accused has been acquitted of the charges leveled against him.

(2.) THE brief facts of the prosecution case are that on 14.12.1999, the complainant was working as Branch Manager, Union Bank of India at Manekchowk Branch, Ahmedabad. It is the case of the prosecution that at the relevant point of time on 04.08.1999 during the course of inspecting ledger of balance in the Saving Bank Account, other employees of the bank drawn the attention of the complainant that balance of Saving Ledger No. 12 appeared to be deficit than the abstract balance. It was also brought to the notice of the complainant that there were cross entries in A/c. No. 6988 of ledger No. 12.

(3.) THEREFORE , a complaint with respect to the aforesaid offence was filed against the respondent with the Kalupur Police Station which was registered as C.R.I. No. 302/1999. Necessary investigation was carried out and statements of several witnesses were recorded. During the course of investigation, respondent was arrested and, ultimately, charge -sheet was filed against him before the court of learned Metropolitan Magistrate, Court No. 15, Ahmedabad.