STATE Vs. DEBABRATA JASU

JUDGEMENT

(1.) ALL the three Criminal Revision Cases arise out of Special Court cases Nos. 1/1989, 2/1989, 3/1989. The ld. 2nd Judge of 3rd Special Court, Calcutta discharged the accused person on the ground that the accused person is not a public servant being the employee of Nationalised Bank and as such the Special Court had no jurisdiction to try his case.

(2.) THE allegation was that the accused Debabrata Jasu entered into criminal conspiracy with others and in pursuance thereof during the period for March, 1986 to July, 1986 fraudulently and dishonestly withdrew Rs. 3,91,000/- from the account of one Sri Gobinda Paul and thereby cheated the Bank. During investigation it was established that Sri Jasu withdrew Rs. 50,000/- forging the signature of the account holder of Savings Bank A/c No. 496 standing in the name of Gobinda Paul. An application was moved before the Special Judge for dropping the proceeding or acquitting him on the basis of the judgment of the Calcutta High Court holding therein that the employee of the Nationalised Bank is not public servant. It was also contended that the case was hit under section 167(5) of the Cr.P.C. The Ld. Special Judge after hearing the arguments of both the parties and the decision placed before him was pleased to accept the contention raised by the accused person and discharged him from the respective cases.

(3.) SIMILAR questions of law being involved in all the three matters, have been taken up together for the sake of convenience and brevity.