PARESH CHANDRA DEKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. YS Mannan, the learned counsel appearing on behalf of the petitioner and Mr. K Das, the learned counsel appearing on behalf of respondent Nos.6, 7, 8 and 9. Also heard Mr. D Das, the learned senior counsel appearing on behalf of respondent Nos.10 and 11, Ms. U Das, the learned Additional Senior Government Advocate, Assam appearing on behalf of the State respondents as well as Mr. CKS Baruah, the learned CGC appearing on behalf of the respondent No.12. In Addition to that, this Court has also heard Mr. GK Singh, the Chief Manager of State Bank of India, Rangia Branch. The Investigating Officer of Rangia Police Station Case No.944/2020 is also present before the Court.

(2.) The petitioner herein is a senior citizen, who would be presently 66 years old. He retired as an Assistant Teacher in the year 2018 and on 17/4/2019 his pensionery benefits amounting to Rs.10,67,600.00 was deposited to his Bank Account bearing No. 10958225308 maintained in the State Bank of India, (for short, the SBI) Rangia Branch. Admittedly, the petitioner herein gave the Mobile Number to the SBI which belonged to his daughter one Tulika Deka. On 9/10/2020, when the petitioner went to withdraw an amount of Rs.5000.00 from his bank account, he was surprised to learn that the said bank account had only Rs.69.61.P/-. Immediately, thereupon, on 9/10/2020 itself, an FIR was lodged before the Rangia Police Station which was registered as Rangia Police Station Case No. 944/2020 under Ss. 420/379 of the Indian Penal Code and subsequently Ss. 120(B)/419/468/471 IPC read with Sec. 66(C)/66(D) of the Information Technology Act, 2000 were added.

(3.) On the same date, i.e. on 9/10/2020, the Chief Manager of the SBI Rangia Branch was informed that an amount of Rs.8,95,024.00 had been fraudulently withdrawn from the petitioner's account which aspect of the matter was duly acknowledged by the Chief Manager vide the communications dtd. 12/10/2020 stating, inter alia that processing is being carried out as per the SOP.