BAJRANG LAL GUPTA Vs. THE UNION OF INDIA

JUDGEMENT

(1.) This criminal misc. petition under Section 482 Cr.P.C., 1973 has been filed on behalf of the petitioner being aggrieved with the order dated 5.11.2016 passed by the Special Judge, C.B.I. Cases, Jodhpur (for short 'the trial court') in Sessions Case No.10/2012 whereby, the trial court has rejected the application filed by the petitioner under Section 91 Cr.P.C., 1973 read with section 165 of the Indian Evidence Act.

(2.) Brief facts of the case are that the petitioner is facing trial before the trial court for the offences punishable under Sections 420, 467, 468, 471, 477-A IPC and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act. The allegation against the petitioner is that when he was working as a Field Officer at Industrial Area, Sojat City Branch, State Bank of India, he unauthorizedly debited money from various accounts and credited the same to his own accounts, his wife's account, joint account with his wife and to other accounts in the name of persons known to him. It is alleged that the petitioner has unauthorizedly approved enhanced limits in KCC, CC accounts, home loans, terms loans and car loans without execution/obtaining relevant documents and, as such, acted beyond the powers conferred on him. It is also alleged that the petitioner prepared vouchers of unauthorized debits and credits and thereafter posted in the system and passed these vouchers and while passing these vouchers, he withdrew these unauthorized credits from several accounts by cash withdrawal, remitting funds to persons known to him through RTGS/NEFT, crediting to accounts of persons known to him, crediting to accounts wherein unauthorized debits were raised earlier and crediting accounts of CC Limit holders of Sojat City Branch.

(3.) The prosecution has come up with a case that when the above referred illegal accounts of the petitioner were detected, an enquiry was conducted and during the course of enquiry, the petitioner accepted making unauthorized transactions in various accounts through his own ID and during the course of enquiry, he had deposited Rs. 70.55 lac in the various accounts. The bank has calculated the total amount misappropriated by the petitioner to the tune of Rs. 1,55,40,800/-.