STATE OF RAJASTHAN Vs. CHAMPALAL

JUDGEMENT

(1.) This criminal appeal has been preferred by the appellant -State against the judgment dated 22.08.1996 passed by Civil Judge (JD) and Judicial Magistrate, First Class, Sanchore (hereinafter referred to as 'the trial court') in Criminal Case Nos.557/1994 and 556/1994, whereby the trial court has acquitted the accused respondent for the offences punishable under Section 381 IPC.

(2.) Brief facts of the case are that on 18.12.1993, PW -7 Lal Singh has submitted a written report at Police Station, Sanchore while stating that he is the Branch Manager of Marwar Gramin Bank, Dedva and he was on leave on 10.12.1993 and 11.12.1993 and during that course the charge of Branch of the Bank was with PW -1 Tarachand Joshi. It is stated that on 13.12.1993, he returned back from leave and took charge of Branch, however, when he asked Tarachand Joshi about the keys of the safe then he informed him that the keys are missing then he obtained the duplicate keys from Sanchore and opened the safe and found that Rs.19400/ - are missing. It is stated in the complaint that the said amount was deposited by Tarachand Joshi on 13.12.1993 itself. It is alleged that the said amount of Rs.19400/ - was misappropriated by Tarachand Joshi.

(3.) The police after investigation has filed charge -sheet against the accused respondent instead of Tarachand Joshi for the offence punishable under Section 381 IPC. It is noticed that in an another FIR, filed on behalf of Tarachand Joshi, the police has filed charge - sheet against the accused respondent for the offence punishable under Section 381 IPC, but the trial court has tied up both the cases vide order dated 25.05.1995 and the charges have been framed against the accused respondent for the commission of offence punishable under Section 381 IPC.