ALIGARH GRAMIN BANK Vs. CHANDRA SHEKHAR

JUDGEMENT

(1.) This criminal revision has been directed against the judgment and order dated 25.10.2000 passed by IV Additional Chief Judicial Magistrate, Aligarh in Criminal Case No. 602 of 2000 State of U.P. v. Chandra Shekhar under Sections 419, 420, 409, 468, 471 I.P.C., P.S. Hasayan, District Aligarh by which the learned Magistrate has acquitted the respondent No. 1 of charges levelled against him.

(2.) A perusal of the record goes to show that K.P. Singhal, Branch Manager, Gramin Bank, Mahau, District Aligarh lodged an F.I.R. at P.S. Hasayan on 18.1.1992 at 18.20 P.M. with this allegation that Bhagwan Singh, real brother of Rajendra Singh, made a complaint to this effect that accused Chandra Shekhar an officer of the said bank committed embezzlement of amount lying in the Saving Account No. 1185 of his deceased brother Rajendra Singh by putting his forged thumb impression on the cheque, at which he inquired into the matter and found that on 22.11.1991 Chandra Shekhar withdrew a sum of Rs. 2733/ - from his above saving account by issuing a loose cheque A.W.S.A. No. 745924 and getting thumb impression of someone else thereon and thereafter he closed the said account of the deceased. In fact accused Chandra Shekhar without comparing the photograph of account holder paid the said amount, while Rajendra Singh was not alive on the said date. The said amount of Rs. 2733/ - was received as debt relief in his account and this fact was known to the bank employees and thus accused Chandra Shekhar with intention to misappropriate the said amount conspired with others and committed embezzlement of the said amount by getting forged thumb impression on the loose cheque issued by him. One Mahesh Babu Sharma, the Clerk of the said bank also helped the accused in this act of forgery and misappropriation. A case under Sections 468, 471, 419, 420, 409 I.P.C. was registered at P.S. Hasayan against Chandra Shekhar and Mahesh Babu Sharma. The police on completion of investigation submitted charge sheet against Chandra Shekhar citing Mahesh Babu Sharma as prosecution witness therein.

(3.) The learned IV Additional Chief Judicial Magistrate, Aligarh framed charges under Sections 419, 420, 409, 468, 471 of I.P.C. against accused Chandra Shekhar on 30.3.1999. The prosecution examined P.W.1 K.P. Singhal, P.W.2 Devendra Kumar, P.W.3 Bhagwan Singh, P.W.4 Sachendra Kumar, P.W.5 Mahesh Babu Sharma, P.W.6 Amar Singh and P.W.7 S.I. Sumer Singh Dhaka in order to prove the charges against the accused. The statement of accused was recorded under Section 313 of Cr.P.C. and D.W.1 Rajpal Singh and D.W.2 Ravi Kumar Gupta were examined in his defence. The learned Magistrate did not find accused guilty of charges levelled against him and consequently he acquitted him in the said case vide his judgment and order dated 25.10.2000.