VINAY OJHA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard the learned counsel for the parties. This is first application under section 438 of the Cr.P.C., 1973 as the applicant Vinay Ojha apprehend his arrest in connection with Crime No.609/2014 registered at Police Station Multai, District-Betul (M.P.) for the offence punishable under Sections 409, 420, 120-B, 34 of the IPC and Section 65, 66 C.D. Information Technology Act 2000.

(2.) As per prosecution case, co-accused Abhishek Ratnam, who was posted as Branch Manager of the Bank of Maharashtra, Branch Jaukheda, District Betul from 24/08/12 to 08/05/13 defalcated public money amounting to Rs. 1.25 crore approximately between 24.08.2012 to 02.06.13 in connivance with the applicant and other co-accused persons. It is alleged that co-accused Dhanraj, Lakhanlal, Hingwe Taroda, Anurag Bhargava @ Chhotu Guddu Multai used to come with forged Bhoo Adhikar Pustika, loan book and revenue document of farmers and co-accused Abhishek Ratnam on the basis of that documents opened fake KCC accounts and defalcated public money amounting to Rs. 1.25 crores approximately. It is alleged that the applicant was also involved in the crime. It is further alleged that on 01/06/13 co-accused Abhishek Ratnam took the keys of Jaukheda Branch of the said bank after working hours and after switching off the CCTV cameras transferred funds into various bank accounts and again on 02/06/13 co-accused Abhishek Ratnam entered into the said bank branch and with the aid of the Core Banking Solutions mechanism by operating through the banking ID and password of the present applicant and co-accused Deenanath Rathore and Neelesh Chalotre, allegedly transferred an amount of Rs. 99,94,067/- into various bank accounts. It is also alleged that the illegal transactions which took place on 01/06/2013 and 02/06/2013 were approved by the use of the ID of the present applicant through the electronic voucher verification system. It is further alleged that amount of Rs. 4,00,000/- is said to have been transferred in the bank account of the present applicant by co-accused Dhanraj who is said to be a beneficiary of a certain portion of the defalcated amount. It is further alleged that an amount of Rs. 65 Lakhs has been handed over to the present applicant by the main accused Abhishek Ratnam from defalcated amount.

(3.) Learned counsel for the applicant submitted that the applicant is innocent and falsely been implicated in the case. Applicant was the first person who reported the alleged fraud vide letter dated 03/07/2013 to the Regional Manager, Bank of Maharashtra, Bhopal and informed about the fraud in question as soon as it came to applicant's knowledge. Alleged transaction was committed by co-accused Abhishek Ratnam. He stole user ID and password of applicant and other co-accused persons and the same had been misused by him for making illegal transactions. On the date of said transaction applicant was in fact not in town and had gone to Bhopal to attend the Branch Managers' review meet conducted by the Zonal Office, Bhopal of Bank of Maharashtra. The present applicant was not incharge of the keys of the Joulkheda Branch of the Bank of Maharashtra and in fact the said duty was entrusted to coaccused Neelesh Chalotre who was acting as the in-charge of cash vault and all security items after the office hours. The approval of the transaction took place on 01/06/2013 and 02/06/2013 with the aid of the user ID and password of the present applicant were not done by applicant and in fact the same was done by the co-accused persons either by stealing the password or by hacking his password. The allegations of transfer of an amount of Rs. 4,00,000/- in the bank account of the present applicant by the co-accused Dhanraj out of the defalcated amount is concerned, the same is completely baseless and untrue. It is further submitted that the said amount was transferred into the bank account of the applicant by coaccused Dhanraj Pawar in good-faith and the said amount was also transferred back into his bank account as well. In this regard a letter dated 25/07/2013 has also been written by the coaccused Dhanraj Pawar to the Chief Manager Inspector, Bank of Maharashtra. It is further submitted that similarly situated coaccused Nilesh Chalotre has already been granted bail by the Sessions Courts at Multai. The applicant is ready to cooperate in the investigation and trial. In the event of arrest, his reputation will be ruined. Under these circumstances, applicant prays for anticipatory bail.