NAURATH PRASAD GIRI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petition under Section 482 Cr.P.C. has been brought about by the petitioner Naurath Prasad Giri for quashing the order impugned whereby the cognizance of the offence against the petitioner and another was taken on 24.8.2005 by the C.J.M., Dhanbad in Gobindpur P.S. Case No. 70 of 2004 corresponding to G.R.No.870/04 presently pending in the Court of Shri S.P. Thakur, Judicial Magistrate, 1st Class, Dhanbad.

(2.) The brief fact of the case is that a written report was presented by Senior Manager, Gyanendra Nath Saha of Allahabad Bank, Govindpur Branch before the Officer-in-Charge of Govindpur Police Station on 17.3.2004 stating inter alia that in course of transaction of business of Bank when the locker of the customer Meena Gupta and Nawal Gupta of Tundi Road, Gobindpur was broken open on 28.6.2002, a cash of Rs. 30,01,000/- was found therein and the petitioner who was the then the Senior Manager of Govindpur Branch of Allahabad Bank had put the said amount in a sealed packet and kept in a separate locker. Pursuant to the direction of the Regional Office, Ranchi when the said separate locker was opened in presence of six witnesses and the cash was counted it was found that Rs. 10,00,000/- from the total amount of Rs. 30,01,000/- were missing. It was stated that the key of that locker where the amount was kept in plastic cover with stapling of the packet was finally kept in the iron chest installed in the strong room of the Branch. It was further stated that strong room could be opened jointly with the keys of the Branch Manager as well as Cashier Incharge and the person who had given effect to such occurrence was certainly known person having acquainted with the functioning of the Bank as well as known to the places where the keys were used to be kept. It was stated that the petitioner was the then Senior Manager of the Branch and whenever the officiating head cashier used to proceed on leave, he used to keep the keys of the strong room after conclusion of the Bank's work in the almirah of the Branch Manager. It was explained that the keys put by the head cashier of the strong room in the almirah of Branch Manager could be used for opening the strong room, cash voult and locker etc. by the master key. Suspicion was raised against the Sweeper Sri Munna Ram Lal Begi, under suspension who used to come much before Bank hours and go much after the Bank hours acquainted with the use of such keys and that he was having in possession of the keys of Main Gate of the Bank. It was stated that Munna Ram Lal Begi had took a house loan advance to the tune of Rs. 1.5 lakhs but the house constructed by him was valued much beyond the loan taken by him and also beyond the known source of his income and therefore, his complicity in such occurrence cannot be ignored. The informant had reason to believe that the occurrence was given effect to in furtherance of common intention by the petitioner Naurath Prasad Giri and another Munna Ram Lal Begi. On the basis of the written report Govindpur P.S. Case No. 70/04 was registered under Sections 406, 409/120B I.P.C.

(3.) Learned Counsel for the petitioner submitted that the entire allegation against the petitioner is based upon speculation and no witness in course of statement under Section 161 Cr.P.C. has implicated him. The petitioner was posted as the Senior Branch Manager in the Govindpur Branch of Allahabad Bank from 10.07.2001 to 6.9.2003 and after making over the charge of his office on 6.9.2003 to his successor he proceeded to Asansole Zonal Office where he was transferred and there was no complaint by his successor or any other authority about the shortage of any amount or any irregularity in the accounts as per the rule/ circular/ guidelines of the Bank.