STATE OF MAHARASHTRA Vs. RAGHUPATIRAO C S VENKATRAMAN

JUDGEMENT

(1.) THE State has preferred this appeal against the acquittal of respondents/original accused nos. 1 and 2 of the offences punishable under Sections 420, 465, 468, 471 r/w. Sec. 34 of Indian Penal Code by Judicial Magistrate, First Class, Court No. 7, Nagpur in Regular Criminal Case No. 136 of 1993 decided on16-5-1994.

(2.) THE case of the prosecution, in brief, is that on22-5-1992 respondent no.1 went to Itwari (Nagpur) Branch of Bank of Maharashtra with a request for transfer of account no.18076 from the Branch at Bajirao Road, Pune to Nagpur. Respondent/accused no.1 represented that his name was Sukhendrachandra Roy, resident of the quarter in Ambazari estate, Nagpur. After completing certain formalities, PW11 Anant s/o. Ramchandra Parmarth (Special Assistant) handed over certain documents to respondent no.1 as respondent no.1 represented that he would personally bring necessary documents from Pune branch in order to avoid postal delay. On 2-6-1992 respondent no.1 handed over sealed packet to the bank officials of Itwari (Nagpur) Branch purporting to have been brought by him from Pune Branch. THEreafter, account no.10170 was transferred in the name of respondent no.1. THE amount of Rs.18. 95 came to be transferred from Pune Branch to Itwari (Nagpur) Branch on1-6-92. On 2-6-92 respondent no.1 deposited cash of Rs. 700/- in his account no.10170.

(3.) DURING trial, ten witnesses including Ashok Pattalwar (Branch Manager) were examined. On the application of the prosecution, Anant s/o. Ramchandra Parmarth (Special Assistant) was examined as PW11.