PONDICHERRY Vs. STATE

JUDGEMENT

(1.) The Criminal revision has been filed against the common order passed in Crl. R. C. No.19 of 2003 on the file of the Second Additional Sessions Judge, Pondicherry dated 24.9.2003. The revision petitioner is the accused No.3 in C. C. No.316 of 2001. The charge levelled against the revision petitioner in C. C. No.316 of 2001 is that under two fake telegraphic transfers one valued at Rs.21,31,600/- and another valued at Rs.16,90,900/- with a help of secret Bank cipher code book furnished by the accused No.5 herein and the accused No. A3/revision petitioner had sent those two fake telegraphic transfers from G. P. O. Bombay and deceived the defacto complainant Bank as if it has come from the Central Bank of India, Ville Parley Branch and the value of those two fake telegraphic transfers amounting to Rs.38,22,590/- credited into the fictitious account No.11356 in the name of fictitious person S. Dhana raj already been by the accused No.2 Mohan in the Central Bank of India, Pondicherry branch and the specific charge is under Sec.420 of IPC r/w 34 of IPC against A3 for having cheated the defacto complainant Bank to the tune of Rs.38,22,590/-.

(2.) Before the trial Court, revision petitioner had filed Crl. M. P. No.2131 of 2003 in C. C. No.316 of 2001 under Sec.451 of Cr. P. C. For the return of the fixed deposit receipts to the tune of Rs.26,00,000/- on furnishing bank guarantee.

(3.) The learned Judicial Magistrate had allowed the petition directing the petitioner/accused to receive the fixed deposit receipt for Rs.26,00,000/- from Central Bank of India, Pondicherry by way of interim custody till the disposal of the case after furnishing adequate and equal bank guarantee for the amount within a month and further to execute a bond for equal amount with one solvent surety for the like sum and also remit the amount whenever required by the Court. Aggrieved by the order of the learned trial Judge, the State has preferred Crl. R. C. No.19 of 2003 against the order passed in Cr. M. P. No.2131 of 2003 in C. C. No.316 of 2001 before the Second Additional Sessions Judge, Pondicherry. The learned first appellate Judge has allowed the revision thereby setting aside the order passed by the learned trial Judge in Crl. M. P. No.2131 of 2003 which necessitated the revision petitioner to approach this court by way of this revision.