STATE BANK OF INDIA Vs. ANOOP KUMAR

JUDGEMENT

(1.) The complainant, State Bank of India, has filed the present revision petition challenging the judgment dated October 22, 1998 passed by the learned Additional Chief Judicial Magistrate, Faridabad, whereby the respondent, Anoop Kumar, was ordered to be acquitted.

(2.) An FIR No. 387 dated November, 10, 1989 under Sections 420/406 of the Indian Penal Code was registered with police station Ballabgarh against the aforesaid Anoop Kumar on a complaint made by the complainant, State Bank of India. It was complained by the complainant that on November 4, 1989, one Raghu Nath Parshad visited the bank along with his father-in-law and one more person, and moved an application before the Branch Manager that his father-in-law had deposited a sum of Rs. 2000/- in the Savings Bank Account No. 15218 on November 2, 1989 and had tendered the pass book to the concerned clerk for completion, but the aforesaid clerk returned the same asking him to get the same completed on the next day. The father-in-law of the aforesaid Raghu Nath Parshad again came to the bank on November 3, 1989 and wanted the pass book to be completed. On completion of the pass book, he realized that in the pass book, there was a debit entry for Rs. 4000/-, which was superfluous, as he had not withdrawn the amount. On that realization, he made a complaint to the Branch Manager to get the matter investigated.

(3.) The bank maintains that in fact, it was found that the withdrawal voucher was found missing and the name of Anoop Kumar was written as 'Anoop'. It was entered in the cashier payment register in the column meant for recipients name. On that basis, it was maintained by the bank that in fact, it was the respondent, Anoop Kumar, who was responsible for the aforesaid false entry and therefore, it was requested that the criminal proceedings be initiated against him.