PANNA MEHTA Vs. STATE OF M P

JUDGEMENT

(1.) THE applicant has filed this petition for expunging remarks viz. , "benefit of doubt" from the judgment dated 12th March, 2001 (Annexure A-3) delivered by learned Judicial Magistrate, First Class, Indore in Criminal Case No. 154/96.

(2.) TO appreciate controversy and contentions of the parties a reference to the relevant facts leading for filing of this petition would be apt: The respondent submitted a charge-sheet accusing the applicant for the offence punishable under Sections 467,420/511 of the Indian Penal Code before the Court below. It was alleged that the applicant was holding post of Cashier-cum-Clerk in the State Bank of India, in City Branch at Indore and on 27-1-85, she went to the Manager of the main branch of the Bank at Indore and presented a letter before the Manager purported to be signed by Dr. Vijay Jain. In the said letter, a request was made to transfer an amount of Rs. 30,17,000/- to his other A/c No. 28938 with the main branch of the Bank at Mumbai. It was, further alleged that the bank may retain Rs. 25,000/for adjustment towards loss of interest. On presentation of such letter, suspicion arose in the mind of the Branch Manager and therefore, he lodged FIR at Police Station, Sanyogitaganj, Indore.

(3.) AFTER usual investigation, charge-sheet was filed for the aforesaid offence. The Trial Court convicted the petitioner under Sections 420/511, IPC (attempt to cheat ).