STATE OF MADHYA PRADESH Vs. HIYARAM

JUDGEMENT

(1.) THE appellant/State has preferred this appeal against the judgment dated 19.3.1997 passed by learned JMFC, District Seoni in Criminal Case No.70/1996 whereby the respondent was acquitted from the charges of offences punishable under Sections 409, 420, 467, 468, 471 of I.P.C.

(2.) THE prosecution's case, in short, is that on 3.5.1985 when closing of cash was going on in the evening in the State Bank of India, Seoni Branch, it was found that case of Rs.10,000/- was missing. THE respondent was in charge of cash of Centre Table and it was found that the amount was short due to non-payment done by the respondent. Respondent was required to give 5266 currency notes of denomination of Rs.100/- whereas, he gave 5166 currency notes of that denomination. On enquiry, it was found that the respondent deposited a sum of Rs.8750/- in the account of Mahesh Prasad on his own whereas, no sum was received from Mahesh Prasad. THE deposit slip of Mahesh Prasad was perused then it was suspected that it was filled up in handwriting of the respondent. THEreafter, a written report was sent by Shri Tipnis, Branch Manager of the State Bank of India, Seoni to the Police Station, Seoni. A sum of Rs.1250/- were recovered from the respondent from his pocket and he accepted his guilt in writing. A sum of Rs.8750/- was withdrawn by Mahesh Prasad from his account and that some was also recovered. Slip of Mahesh Prasad was sent to the handwriting expert to get the handwriting examined and after due investigation a charge sheet was filed before the CJM, Seoni who, transferred to the case to the JMFC, Seoni.

(3.) ON the other hand the learned counsel for the respondent has submitted that no document was proved by the prosecution. Several opportunities were given by the trial Court but, the officers of the Bank did not turn up and therefore, there was no evidence before the trial Court by which the respondent could be convicted for any offence.