C O VERGHESE Vs. M K SINGHI

JUDGEMENT

(1.) HEARD Mr. Ponda, learned Advocate for the petitioner and Mr. Gupte, learned Advocate for the respondent No. 1. The petitioner has challenged the order of issuing process passed by the Metropolitan Magistrate, 33rd Court, Ballard Pier, Bombay in Criminal Case No. 17/s of 1989.

(2.) THE petitioner-accused was an employee of the State Bank of Indore. At the relevant time he was in-charge of Foreign Exchange Department. It was the duty of the accused to look after the transaction pertaining to Import-Export, verification of concerned documents, remittances to the constituents, checking of Letters of Credit and attending to other transactions and functions incidental to the Foreign Exchange business of the Bank.

(3.) IN the complaint that was filed by the respondent No. 1 who was an officer of the State Bank of Indore, in his capacity as an Officer of the Bank before the Magistrate, it is alleged that the accused in his capacity as an officer of the Bank received in the month of April/may, 1984 three Import bills for collection aggregating to the U. S. Dollars 5,68,584/- equivalent to Rs. 62,96,611. 30 p. from the Syndicate Bank, London. These bills were drawn by M/s. Ukemifer, London, on M/s. Ethico Drugs and Chemicals Manufacturing Company. These bills had been duly entered in the Branch FIBC register against No. 9 of 1984 dated 14th March, 1984 and 20 of 1984. These original documents were entrusted to the petitioner by the Bank in the normal course of business for the purposes of :