ALOK Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The instant criminal appeal under Section 374 (2) of the Code of Criminal Procedure, 1973 has been preferred by ap- pellant / accused Alok s/o Purushottam Salunke to challenge judgment dated 24th September, 2016 passed by 4th Additional Sessions Judge, Link Court, Badnawar, District Dhar (MP) in Sessions Trial No.19/2014, whereby the trial Court convicted the appellant for commission of offence punishable under Section 409 of the Indian Penal Code, 1860 on account of misappropria- tion of an amount of Rs.27,00,000/- (rupees twenty seven lakhs) while working as Senior Assistant in State Bank of India, Branch Badnawar, District Dhar (MP) and sentenced him to undergo ten years rigorous imprisonment with fine of Rs.50,000/-; and in de- fault of payment of fine, he was further directed to undergo one year rigorous imprisonment.

(2.) Admitted facts of the case are that the appellant was discharging the duties of Senior Assistant at State Bank of India, Branch Badnawar District Dhar (M.P.) on the relevant date i.e. 17.08.2013 and the appellant was deputed at Counter No.3 having authority to deal with the transactions of Rs.50,000/- (rupees fifty thousand) and above .

(3.) The facts necessary for disposal of the instant appeal are that the protocol followed by the bank for handing of cash is that the cash officer pick up currency notes from the currency chest, this event is recorded in the bank transaction system. Thereafter, the cash officer hand over the money to the head cashier who further handed over to the bank assistant to unable him to honour the bearing cheques presented during the working days on that day. At the end of the day the bank assistant prepared the sheets relating the cash transactions made during the course of the day and thereafter the cash is put back in the chest. The bank transactions system is updated on the basis of sheets prepared by the bank assistant.