RAJENDRA KUMAR MISHRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This revision under Section 397 read with Section 401 of the Cr.P.C. has been filed by the petitioner/accused Rajendra Kumar Mishra, challenging the judgment dated 28.10.2010, passed by Additional Sessions Judge, Singrauli, in Criminal Appeal No.26/2007, wherein the judgment dated 12.02.2007 passed by Judicial Magistrate First Class, Deosar in Criminal Case No.610/2002, whereby the petitioner Rajendra Kumar Mishra, who was Cashier in Allahabad Bank, Branch Jiyawan for the period from 20.08.1997 to 28.01.2002 has been convicted for offence under Section 409 of IPC and sentenced to three years rigorous imprisonment, with fine of Rs. 10,000/-, in lieu of fine, further additional rigorous imprisonment of one year, has been confirmed.

(2.) It is not disputed that the petitioner was serving as the Head Cashier in Allahabad Bank, Branch Jiyawan.

(3.) Bereft of the unnecessary details, the facts requisite for disposal of this revision are that, on 08.02.2002, Triveni Prasad Gupta (PW-7) had gone to the Branch Manager of Allahabad Bank, Jiyawan for issuance of cheque book. The Branch Manager Nalu Majhi (PW-11) checked his account and informed the customer Triveni Prasad Gupta (PW-7) that Rs. one lakh has been received in his account from Union Bank of India, Deosar 22.01.2002 and there were also other transactions of cash. Triveni Prasad Gupta informed that entries in his passbook is being maintained by Head Cashier Petitioner-Rajendra Kumar Mishra. When Nalu Manjhi (PW-11) inspected the passbook of Triveni Prasad Gupta, the same was not found tallying with the ledger entries from 10.08.2001 to 07.02.2002, the entries in the passbook were not found in the record. Customers present in the bank also got their passbooks inspected. When the same were inspected, it was found that the petitioner-Rajendra Kumar Mishra, Cashier of the bank had received cash from so many customers but did not deposit the same in the ledger book though he had made entries in the passbook and issued receipts to the customers. Signature of petitioner-Rajendra Kumar Mishra was found on the receipts. The deposits of cash are not entered in the bank ledger, whereby the amount ought to have been deposited with the bank, was misappropriated by the Cashier. As per the bank procedure if a customer transacts cash, he was to fill a voucher form and the same was to be sent for scrolling to concerning authority. The scroll number was to be written by the concerning officer, after that the customer was to deposit the cash in the cash counter. After deposit, the same was to be entered in to the register after receipt was given by putting the seal of the bank. The voucher ledger was to be sent for posting to the concerning counter. The total transactions made in the day ought to be entered into the log book and day book of the day. Petitioner's was transferred from Jiyawan Branch on 28.01.2001. He was relieved from the bank on 05.02.2002. He was to take over the charge at Bargawan Branch. Despite this, he stayed at Jiyawan Branch and received some amounts from the customers. But, despite having charge of the responsible post in the bank, he did not deposit the amounts and misappropriated the same and caused wrongful loss to the bank.