SURINDER PAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is an Application for Regular Bail in FIR No.76 Dated 23.05.2019 under Sections 420, 465, 467, 468, 471, 201, 477-A, 409 IPC and Section 13(1) of the Prevention of Corruption Act, 1988 registered at Police Station City Nawanshahr, District SBS Nagar.

(2.) Briefly, the allegations against the Petitioner are that the present FIR was registered on the basis of the complaint made by Manoj Kumar, Senior Regional Manager of Central Bank of India, wherein he stated that the Petitioner, who was working as Head Cashier in Central Bank of India at Nawanshahr Branch, was looking after the payment and receipt in day to day transactions of the Branch and was empowered to authorize various transactions. He fraudulently withdrew money from the Bank Accounts of different persons and this fact came to the notice of the Bank on 18.9.2018. He had also withdrawn Rs.1.05 Crore from the Accounts of the Customers and in this regard FIR No.161 dated 21.09.2018 was registered against him. Apart from it, the Petitioner had also indulged in fraudulent transactions by preparing forged documents in order to commit fraud of Rs.97,59,955/- which led to registration of this FIR. He used to operate inoperative accounts of the customers by issuing Cheque Books in the name of those customers of the Bank and used to withdraw the amount from their accounts fraudulently.

(3.) Ld. Counsel for Petitioner has argued that the Petitioner has been falsely implicated in the present case as no fraud as alleged was committed by him. He has further contended that the Petitioner cannot be held responsible for the alleged fraud as the documents were being dealt by other officials of the Bank also. Even as per the allegations in the FIR, no offence is made out against the Petitioner as the account holders were operating their accounts and making the necessary withdrawals and deposits. The Petitioner was not the custodian of the said accounts nor he has made any entry in the record showing any transfer of the withdrawals as alleged in the FIR. Ld. Counsel further submitted that different employees posted in the Bank were dealing with the accounts and their maintenance and prayed for granting regular bail to the Petitioner.