SWATANTAR KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) These three bail applications filed by (1) Swatantar Kumar. (2) Vinod Kumar and (3) Dalip Singh are disposed of by this common order since all these applications relate to the offences covered by F.1.R No. 381 dated 29-11-1997 Police Station Sadar. Jalandhar.

(2.) Brij Bhushan, who was a Clerk-cum Cashier in the Citizen Urban Co-operative Bank Limited. New Sabzi Mandi Branch., gave a statement which formed the basis for the above said F.1.R The relevant portion of the F.1.R is as follows: On 1-5-1997, while Brij Bhushan was working as Cashier in the Bank, Peon-Vinod Kumar (petitioner in Cr. M. 28206-M/97) came to him and requested him to give Rs. 1 lac as the same was required by the Senior Clerk Swatantar Kumar (petitioner in Cr1. Misc. 27842-M/97) as payment had to be made to the party and that he (Brij Bhushan) paid this amount to Vinod Kumar. In the evening when the cash was to be accounted for, Brij Bhushan asked for the cheque for Rs. 1 lac. From Swatantar Kumar who replied that he had never asked for the money. When Brij Bhushan asked Peon Vinod Kumar about the money he replied that he had given the money to Swatantar Kumar. Vinod Kumar also informed that at that time, Dalip Singh (petitioner in Crl. Misc.11673-M of 1998) sitting with Swatantar Kumar and he had paid the amount to him. While Swatantar Kumar confessed that he had paid the money to him, he had not received the cheque from him.

(3.) Brij Bhushan reported the matter to the Manager Munish Kaushal, who ordered that till the cash is fully accounted for, the bank cannot be closed and that Brij Bhushan as Cas4ier was responsible to make up the money, stating that they will get the money back from Dalip Singh Brij Bhushan arranged for the money and deposited it on the same day.