LAWS(HPH)-2010-11-24

STATE OF HIMACHAL PRADESH Vs. D K AGNIHOTRI

Decided On November 03, 2010
STATE OF HIMACHAL PRADESH Appellant
V/S
D.K.AGNIHOTRI Respondents

JUDGEMENT

(1.) The respondent was tried and acquitted for the offences punishable under Sections 420, 465, 468 and 471 of the Indian Penal Code, allegedly for sanctioning and granting overdraft facility to S/ Shri D.M. Agrup, Thakur Dass, Champa Chhering and Shri Bir Singh etc. to the tune of `16,06,950.23 without obtaining sanction from the competent authority, which has been challenged by the State in this appeal.

(2.) Heard and gone through the record. Whether reporters of local papers may be allowed to see the judgment?

(3.) The alleged overdraft facility without proper sanction came to the light during the audit inspection of the State Bank of India, Branch at Kaza, where the respondent was posted as a Manager. It has also come in evidence that the overdraft amount, which was advanced to the aforesaid persons was deposited alongwith interest in the aforesaid bank by each of them and there was no financial loss to the bank. The only allegation against the respondent is that he did not take the approval/ sanction of higher authorities.