ARDHENDU SARKAR Vs. SUBHAS CHANDRA CHOWDHURY

JUDGEMENT

(1.) The petitioner by this revision under Section 482 of the Code of Criminal Procedure has challenged the legality, propriety and correctness of Order No. 6 dated 2-2-1993 passed by the learned District and Sessions Judge, However, in Crl. Misc. No. 574 of 1992, whereby the learned District and Sessions, Judge, Howrah, upon an application of one Subhas Chandra Chowdhury, Managing Director of M/s. National Iron and Steel Company Limited, allowed the prayer of the said Managing Director of the said Company and directed further investigation into the matter after vacating the order dated 16-5-1992 passed by the learned S.D.J.M. Howrah, in G. R. Case No. 2298, of 1988 whereby the learned Magistrate ordered stoppage of investigation and discharged the accused under Section 167(5) of the Code of Criminal Procedure. The learned District and Sessions Judge passed that order under sub-Section (6) of Section 167 of the Code of Criminal Procedure.

(2.) A short resumption of the fact is that the accused was an employee and acted as a cashier in the Company, namely, M/s. National Iron and Steel Company Limited, a Government Undertaking (which term will be referred to hereinafter as 'the Company').

(3.) It was alleged that in his capacity as cashier of the Company the accused withdrew huge sums of money from Bank but he did not post the same in the cash book or posted a lesser amount in the cash book than the amount that was drawn from the Bank. The amount was not entered into the relevant account ledger and thereby the accused has dishonestly misappropriated a total sum of Rs. 13.85 lakhs by such false entry causing huge loss to the State Exchequer. '