NEELESH Vs. STATE OF M.P

JUDGEMENT

(1.) This Criminal Revision has been preferred against the order dated 22.02.2018 passed by the learned 3 rd Additional Sessions Judge, Multai in session trial No. 110/2017 whereby the learned 3rd Additional Sessions Judge Multai has framed the charges under Sections 409, 420, 420, 409,120-B, 467, 409 and 471 of the I.P.C. and under Sections 65 and 66 of the Information & Technology Act.

(2.) According to the case of the prosecution, petitioner- accused submits that he was posted at Branch Jaulkheda, Bank of Maharashtra Tehsil Multai, District Betul since 30.04.2013 to 29.04.2015. At the time of joining, Jaulkheda Bank of Maharashtra Tehsil Multai, the co-accused-Abhishek Ratnam was the Banch Manager. He was transferred from there on 08.05.2013 to Bank of Maharashtra Branch Multai, District Betul. Abhishek Ratnam worked there from 09.05.2013 to 02.09.2013. The co-accused-Abhishek Ratnam had come to Jaulkheda Branch on 01.06.2013, Saturday, after the closure of the Bank due to half day and with the help of co-accused-Vishal @ Vinod Pawar (Part time of Sweeper of Branch), got the C.C.T.V. cameras of the Bank closed and by using the password of their Branch Cashier, Deenath Rathore and the petitioner- accused has done the transaction of Rs. 11 lakhs and on 02.06.2013, on sunday, again got the Bank opened with the help of co-accused-Vishal @ Vinod Pawar, put off the C.C.T.V. Camera and then opened 12 fake K.C.C. loan account and has made transferred the amount of money to the 12 fake accounts by using the password of the Branch Manger, Vinay Ojha and Cashier, Deenanath Rathore and the petitioner-accused and thus Abhishek Ratnam misappropriated the amount of money of Rs. 99,94,067/-. Subsequently, Branch Manger has lodged the written report on 03.05.2014 against the co-accused-Abhishek Ratnam and part time Sweeper Vinod Pawar and Crime No. 609/2014 was registered at Police Station Multai, Betul under Sections 409, 420, 120-B, 34 of the IPC and under Sections 65 and 66 of the Information and Technology Act on 19.07.2014. During the course of the investigation, on the memorandum statement of the co-accused Abhishek Ratnam, Dhanraj Pawar, petitioner was arrayed as an accused in the case as his password has been used by co-accused Abhishek Ratnam in the commission of the offence committed by the Abhishek Ratnam along with the password of Branch Manager Vinay Ojha and Cashier Deenanath Rathore. Challan has been filed against co- accused Abhishek Ratnam, Dhanraj Pawar and petitioner- accused under Section 173 sub clause 8 of the Cr.P.C. The investigation was kept pending against Lakhan Hingway, Ravindra Koshta, Yadav Rao Choukidar, Anurag Bhargava, Vinay Ojha and Deenanath Rathore on the basis of memorandum statement of co-accused Abhishek Ratnam.

(3.) On 22.02.2018, the learned trial Court has famed the charges against the petitioner-accused on the ground that the petitioner in conspiracy with co-accused has by fabricating false document, using them as genuine document and his password being used by the co-accused, has committed the offence punishable under Sections 409, 420, 420, 409,120-B, 467, 409 and 471 of the IPC and under Sections 65 and 66 of the Information and Technology Act.