DIBAKAR CHAKRABARTI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith by consent of the learned

(2.) The allegations are that, at the relevant time i.e. on 1/2/2011, the petitioner was Incharge of Mahim Branch of Indian Overseas Bank and was occupying position of Assistant General Manager at that time and as a Branch Manager of Mahim Branch, the petitioner had helped Kamal Bajoria and his wife Sangeeta Bajoria to fraudulently withdraw an amount of Rs.11,60,931.00 from the joint account of the Respondent No.2 and her husband and transferred it to the accounts as desired by main accused Vimalkumar Bajoria. It is also alleged that Vimalkumar Bajoria and the petitioner hailed from Calcutta, and therefore, were on good terms with each other. It is further alleged that, as per the rule of Indian Overseas Bank, no amount exceeding an amount of Rs.1000.00can be withdrawn from any savings account on the strength of cash withdrawal slip and any such amount exceeding Rs.1000.00 is to be withdrawn, a cheque is required to be used.

(3.) According to the learned counsel for the petitioner, the petitioner was only overall Incharge of the affairs of Mahim Branch and was nowhere involved in sanctioning the concerned withdrawal slips and in support thereof, he invites our attention to the statements of one Ravindranath Kamat, who was the final sanctioning authority.