HARISH Vs. STATE OF M P

JUDGEMENT

(1.) This revision arises out of order passed by the learned XIII Additional Sessions Judge, Indore in S.T.No.180/2011 dated 13.04.2011 whereby learned Additional Sessions Judge framed charge under Section 409 of IPC.

(2.) The facts of this case are that a report was lodged by Municipal Corporation, Indore in Police Station M.G.Road, Indore by letter dated 28.09.2010 wherein it was mentioned that the account Section of the Corporation conducted an enquiry and found that in all 7 cheques, total amount of Rs.5,05,495/ - were drawn by Rajendra Jaishankar Dubey (2 cheques bearing registration no.302988 and 302990) and Bhupendra Singh S/o Vijaypal Singh Verma (5 cheques bearing registration no.591310, 591317, 591325, 591327 and 591330). The amount of the cheque was intended to be deposited in the account holders of property tax and water tax. It is stated that the present applicants were working as Bill Collector at the relevant time. It is alleged that they received the aforementioned cheques and issued receipt for the same. However, the cheques were not presented before the Bank for collection and no amount was credited in the account of Commissioner, Municipal Corporation, Indore.

(3.) Assuming that the amount was misappropriated by the present applicants, FIR was lodged against them whereupon crime no.435/2010 was registered by Police Station M.G.Road, Indore under Section 409/34 of IPC. On perusal of the FIR following important facts were alleged: -