NASIR KHAN Vs. COLLECTOR / DISTRICT MAGISTRATE AND ORS.

JUDGEMENT

(1.) PRESENT petitions are directed against the orders dated 15.09.2010 passed by Additional Sessions Judge, Neemuch in Criminal Appeal No. 113/08 and Criminal Revision No. 80/08 respectively by which judgment dated 07.04.2008 passed by C.J.M, Neemuch in Criminal Case No. 1057/06 acquitting the petitioner of the charge under sections 420, 467, 468 & 409 IPC was set aside and the case was remanded back for recording the statement of prosecution witness.

(2.) NECESSARY facts in short are that on 21.07.1997 Assistant Manager of Punjab National Bank, Neemuch, co - accused Hari Shankar (since deceased) transferred an amount of Rs.92 lacs in the account of the petitioner Nasir Khan telegraphically. On the basis of F.I.R Ex.P/33 of Kailash Chandra Kumawat, the then Branch Manager, Police Neemuch registered a case under section 420 IPC at Crime No. 433/97 against the petitioner and two other accused persons. Out of those two, one has died and another is still absconding.

(3.) IN the impugned order, appellate Court has also observed the same fact that prosecution witness Vijay Dixit was the main witness who could have proved the case against the petitioner and has remanded the case for recording of evidence of Vijay Dixit who was sought as a witness in the charge sheet also.