MANIRAJ Vs. STATE

JUDGEMENT

(1.) THE petitioner who is the sixth accused in CC.No.52 of 2004 on the file of the learned Judicial Magistrate No.1, Tirunelveli, has filed this petition to quash the proceedings pending against him in the said case.

(2.) THERE are totally six accused in this case. The case of the prosecution is that the first accused Sivaperumal prepared monetary benefit bills with the help of A -2 and A -3, P.M.Esaki and Shanmuga Sundaram. The accused Divan Karthikeyan (since deceased) without verifying the forged payment bills prepared by A -1 to A -3 put his initials on the forged bills and those bills were forwarded to A -5 and A -6, who were the Assistant Elementary Educational Officer at the relevant periods. A -5 and A -6 without checking up the amount shown in the abstract of the forged payment bills, put their signatures on the forged bills with the different net amounts and forwarded the same to the Sub Treasury, Ambasamudram to pay money from the State Bank of India, Ambasamudram.

(3.) A -1 had misappropriated the Government Funds to a tune of Rs.5,13,34,000/ - from March 2000 to June 2000. During October 2000, the Government Aided Teachers Grant was prepared by A -1 to A -3 manipulating and claiming in excess Rs.1,78,000/ - and after the amount was withdrawn by A -4, it was handed over to A -1 and as the manipulation was traced by A -6, the excess amount was re -deposited.