GAGAN BIHARI PATNAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) 1. The petitioners who were officers in the Baripada Branch of the State Bank of India during the period in question have filed this petition challenging the order dated 22. 7. 1981 of the Chief Judicial Magistrate -, Baripada summoning them as accused persons to face their trial along with the accused Nilakantha Behera in C. R. Case No 593 of 1979.

(2.) THE short facts relevant for the purpose of this case are that a Savings Bank Account was opened in the name of one Satish Ghose of Station Bazar, Baripada on 15. 12. 1978 with a deposit of Rs. 100/. in the State Bank of India, Baripada Branch. No further deposite was made in the said account. It was detected that the figures in the ledger sheet were inflated to Rs. 15,600/ - a total amount of Rs.15,200/ - was withdrawn under five cheques, the particulars are as follows : -

(3.) IN the trial, three witnesses have been examined so far of behalf of the prosecution. P. W. 1, R. C. Bardhan, was the Branch Manager at the relevant time. P. W. 2, Prafulla Chandra Mohapatrs was then working as field Officer and remained in charge as Branch Manager during the absence of P. W. 1 and P. W. 3, Sampat who took over charge as Branch Manager from September, 1979 after the transfer of P. W. 1. The court below referring to these witnesses has observed that their evidence reveals that the Savings Banks Counter Clerk Sadananda Panigrahi, the passing officer and checking officer, namely Shri Gagan Bihari Patnaik and Shri Surendra Kumar Dhal (petitioners) and the accountant, Promod Kumar Ghosh at their own levels were responsible for the contributed to the defalcation. Accordingly, he passed the impugned order directing that the aforesaid persons including the two petitioners be summoned as accused persons in the case to stand their trial along with Nilakantha Behera. The impugned order is challenged mainly on the ground that there is no material on record to establish that the petitiones have committed any offence for which, they can be tried together with the accused in the case. The order of the court below has been passed in exercise of jurisdiction under Section 319. Cr. P. C. Sub -sections (1) to (4) of the said Section which are relevant for our purpose read as follows : -