KAMINI MOHAN MEHRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned Special P.P. for the State.

(2.) The present criminal revision has been preferred against the order dtd. 17/1/2023 passed by the learned S.D.J.M., Khunti in Murhu P.S. Case No.85 of 2019, whereby the discharge petition under Ss. 239 and 240 of the Cr.P.C. filed by the petitioner has been rejected.

(3.) The brief facts leading to this criminal revision are that the informant had given a written information with the police station concerned with these allegations that he was account holder of saving bank account no.31484484727 in Murhu Branch District Khunti from which the amount of Rs.35.00 lakhs was transferred unauthorizedly in the bank account of Sanjay Kumar Kundu s/o Late Manna Kasera Main Road, Murhu District Khunti bearing A/c No.32241683733. The said amount of Rs.35.00 lakhs was withdrawn by Sanjay Kumar Kundu in three installments i.e., Rs.15.00 lakhs on 27/2/2019, Rs.13.00 lakhs on 28/2/2019 and Rs.7.00 lakhs on 1/3/2019 and ultimately on 2/4/2019 Sanjay Kumar Kundu has closed his bank account. The matter was disclosed on 26/9/2019 when the account holder, namely, Mithila Sharan came to the State Bank of India, Murhu Branch for updating his passbook. He found that Rs.35.00 lakhs has been unauthorizedly transferred from his account and he informed to the Branch Manager on 27/9/2019. Then the present Branch Manager, Mr. Abhay Kumar Singh contacted the then Branch Manager Kamini Mohan Mehra over her mobile phone, thereafter, Kamini Mohan Mehra came to the Branch on 30/9/2019 and deposited Rs.10,00,000.00 in the account. On 30/9/2019 he also met Mithila Sharan and assured him that entire amount shall be deposited in his account within ten days. On 5/10/2019, Sri Kamini Mohan Mehra apprised to the Branch Manager that one person is coming to deposit Rs.8,00,000.00 in the said account on his behalf. Further on 10/10/2019 Kamini Mohan Mehra again apprised to the Branch Manager that Rs.11,00,000.00 shall be deposited in the said account. On 11/10/2019 Rs.4,50,000.00 were deposited. On 15/10/2019 Sri Mehra said over the phone that Branch Manager, Hemant should go to Arun Saboo and ask him to collect Rs.50,000.00 and deposit it in the account of Mithila Sharan. On 16/10/2019 Sri Mehra came himself and stated that rest of the amount would be deposited. As such the whole amount was deposited in the said account. Hence, the F.I.R. was lodged against the accused Sanjay Kumar Kundu and Kamini Mohan Mehra which was registered as Murhu P.S. Case No.85 of 2019 for the offence under Sec. 406, 409, 467 and 468 of the I.P.C.