ASHOK MUKHER JEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The twin revisional applications being C. R. R. Nos. 931 of 2002 & 932 of 2002 are directed against the orders dated 20.12.2001 passed by the Id. Judicial Magistrate, 9th Court, Alipore rejecting the prayer of the accused/petitioner for stay of criminal case.

(2.) As similar question of law and fact are involved, with the difference that FIR being Nos. 121 and 122, both dated 25.05.94 in respect of the C.R.R. Nos. 931 of 2002 and 932 of 2002 were lodged by South School Point and South Point High School respectively, both the matters were heard analogously.

(3.) The circumstances leading to the above application are that a sizeable amount of money running into several lakhs of rupees was withdrawn from the schools' bank accounts by issuing cheques bearing forged signatures of the cheque-signing authorities of the schools. The present petitioner who was entrusted with the matter relating to bank account confessed his involvement in the defalcation of the funds along with two others Mr. Pradip Choudhury and Mr. Pranabendra Nath Basu Roy. On the basis of above allegation, after completion of investigation chargesheet was submitted against the petitioner and the said two others under sections 467/471/408/120B.