DASARATHI SAHOO Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS Criminal Revision is directed against the order dated 24.9.2002 passed by the learned C.J.M., Cuttack in Vigilance G.R. Case No. 62/1998 framing charge for commission of offence U/s. 409/34 of the Indian Penal Code.

(2.) THE case of the prosecution is that the petitioner was working as Deputy Manager (Accounts), Sukarangi Mines at Kaliapani and the co -accused Rajkishore Swain was working as a Senior Accountant in the said Mine which is a Unit of Orissa Mining Corporation Limited. During incumbency of the co -accused -Rajkishore Swain, he had received a cheque dated 30th of October, 1996 for an amount of Rs.2,00,000/ - from the Regional Office, Orissa Mining Corporation for encasement and for drawal from Andhra Bank. The cheque was issued in the name of the Deputy Manager (Accounts). The petitioner endorsed the same in favour of the co -accused -Rajkishore Swain in course of regular official business and the said amount having been drawn by Shri Swain on 4.12.1996, neither it was entered in the cash book nor accounted in the register maintained by him. On 19.11.1997, a committee verified the books of accounts for the year 1996 -97 upto July, 1997 and it was found that the aforesaid amount encashed, was not reflected in the cash book and there was a cash shortage of Rs.2 lakhs. During enquiry the co -accused -Rajkishore Swain admitted his guilt and gave in writing that the said cheque was encashed by him and had not been taken into the cash book nor into the cash, resulting in cash shortage of Rs.2 lakhs. He also confessed to have done so without informing the present petitioner.

(3.) SHRI D.K. Mohapatra, learned counsel for the Vigilance Department referring to the case diary submitted that the role played by the petitioner in the entire process of misappropriation cannot be said to be above suspicion. The statement of different witnesses create a suspicion with regard to involvement of the petitioner in the commission of the offence and accordingly Shri Mohapatra submitted that the petitioner should be put to trial.