STATE OF MAHARASHTRA Vs. MOHAN RADHAKRISHNA PEDNEKAR

JUDGEMENT

(1.) WHILE Criminal Revision Application No. 432 of 1984 has been filed by The Maharashtra State Co-operative Bank for setting aside the order of acquittal passed by the learned Metropolitan Magistrate, XXII Court, Andheri in Criminal Case No. 480/p of 1979 dated 25-7-1984 and for remanding the case for fresh trial to the learned Metropolitan Magistrate, Criminal Appeal No. 95 of 1985 has been filed by the State of Maharashtra against the same order of acquittal of respondent Mohan Radhakrishna Pednekar for the offence punishable under section 408 I. P. C. and for setting aside the said order. Since both these matters arise out of the same set of facts and a common judgment we are disposing them off by one judgment.

(2.) THE brief facts of the case runs as under:

(3.) ACCORDING to the respondent the cash amount might have been stolen from the drawer of the table where he was working during the lunch time. This possibility cannot be ruled out that the cash might have been removed during the lunch interval as the cabin did not have a lock. He stated in his explanation that the amount which was lying in the drawer of the table where the respondent was working, absent mindedly, might have remained open and somebody might have removed the cash in the afternoon. This explanation was not acceptable to the Bank authorities.