TEKCHAND PATEL Vs. STATE OF M P

JUDGEMENT

(1.) The applicant/accused has preferred this revision under section 397 read with 401 of the Cr.P.C being aggrieved by Order dated 5.8.11 passed by the Ist Add. Sessions Judge, Mandla in S.T.No.51/11 framing charges against him for the offence of section 409/34,420/34,467/34,468/471 read with section 34 of the IPC, in alternate section 120-B of the IPC

(2.) The facts giving rise to this revision in short are that the applicant along with co-accused, namely, Deepak Kumar Rajak, Mohanlal, Anantram and Rakesh was charge sheeted for the offence of section 409,420,467,468/34 of the IPC contending that the applicant Tekchand Patel was posted as Incharge Branch Manager of Zila Sahkari Kendriya Bank Maryadit, Mandla (MP) Branch Ghughri. The co-accused were also working in the same institution. One Deepak Kumar Rajak was working as clerk in such Branch. As per allegation, during tenure of the applicant, on various dates, by practicing fraud and fabricating forged valuable documents and also by using the same under some criminal conspiracy, in which the applicant was also involved, the misappropriation of the sum of Rs.23,04,871.24/- was committed by the co-accused with the assistance of the applicant. In order to show such misappropriation, the photocopies of the concerning papers of Bank as well as the interrogatory statements of the various customers, have been placed with the charge sheet. On evaluation of the chargesheet, the trial court framed the aforesaid charges against the applicant so also against the other co-accused. They abjured the guilt and being aggrieved by such order, the applicant has come to this court with this revision.

(3.) Shri Umesh Trivedi, learned appearing counsel of the applicant after taking me through the copy of the charge sheet placed on the record along with impugned order and the charge framed said that as per collected evidence by the investigating agency, the alleged misappropriation of the sum by practicing the fraud and fabricating the forged valuable documents, was committed by Deepak Kumar Rajak and other employees of the aforesaid Zila Sahkari Kendriya Bank Maryadit, Mandla (MP) Branch Ghughri and, on going through the entire charge sheet, no ingredients of any of the alleged offence is made out against the applicant to frame such charge and, in such premises, the trial court has committed grave error in framing the alleged charge against the applicant. In continuation, he said that said co-accused Deepak Rajak, being clerk of the Bank had made the entries in so many pass-books showing that the stated sum was deposited with the Bank but infact, neither such sum was deposited nor was endorsed in the Account Books of the Bank. Only after receiving the money from the concerning customers, said Deepak Kumar Rajak had made the entries in their pass-books and, in such premises , no inference could be drawn-up against the applicant for committing the alleged offence even for framing the charge. It was also argued by him that initially after coming to know about committing the alleged offence by Deepak Kumar Rajak, he himself intimated to the authorities for taking appropriate action but subsequently the concerning authority has involved the applicant in the alleged offence under the wrong premises. In support of his argument he also placed his reliance on some inquiry report held by the administration of the Bank in which he has already been punished and prayed to discharge the applicant by admitting and allowing this revision.