SUBHASH CHANDRA Vs. STATE OF RAJASTHAN

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 criminal case was registered. After completion of investigation a charge sheet was filed and charges against Bharat Kumar were framed.

(3.) The trial court recorded the statements of the prosecution witnesses including the present Petitioners and the accused Bharat Kumar also explained the circumstances appearing against him in evidence. The arguments in the case commenced on 16.11.2009 and were also to be heard on 25.11.2009. The trial court on 25.11.2009 suo moto took cognizance against the present Petitioners for the offences punishable under Sections 409 and 120-B Indian Penal Code while exercising powers under Section 319 Cr.P.C., the Petitioners were accordingly summoned through a warrant of arrest. The cognizance against accused Bharat Kumar was also taken for the offences punishable under Sections 408 and 120-B Indian Penal Code.