K L JAT Vs. STATE

JUDGEMENT

(1.) THESE misc. petitions are directed to challenge the orders dated 17.2.2010 and 10.3.2010 passed by learned Sessions Judge, Udaipur in Cr. Revision Petitions No.164/2009, 66/2010 and 65/2010 affirming the order dated 25.11.2009 passed by learned Additional Chief Judicial Magistrate No.2, Udaipur taking cognizance against the petitioners for the offences punishable under Sections 408, 409 and 120-B Indian Penal Code.

(2.) THE factual matrix, necessary to be noticed is that petitioner Subhash Chandra while working as Chief Manager, Union Bank of India, New Fatehpura Branch, Udaipur, found that Shri Bharat Kumar, the Head Cashier of the branch, misused his position and embezzled a sum of Rs.35,81,900/-, thus, lodged an FIR at Police Station Amba Mata and on that basis a 2 criminal case was registered. After completion of investigation a charge sheet was filed and charges against Bharat Kumar were framed.

(3.) THE trial court under the order dated 25.11.2009 took cognizance of the offences punishable under Sections 408, 409 and 120-B Indian Penal Code with the factual background that during the course of recording evidence, it revealed that the bank keys were handed over by petitioner K.L.Jat to Bharat Kumar Lodha and on 13.8.2008 the safe was closed by Bharat Kumar Lodha in presence of petitioner Balwant Singh. As per the prescribed norms, the officers of the bank 4 should have kept one key with them and, another with Bharat Kumar Lodha and both the sets of keys could have not been given to one officer. Looking to the wrong committed, by handing over two sets of keys to Bharat Kumar, the trial court presumed strong suspicion regarding participation of the petitioners in criminal conspiracy.