STATE OF BIHAR Vs. VIJAY KUMAR THAKUR

JUDGEMENT

(1.) THE present appeal has been preferred by the State of Bihar (now Jharkhand) against the order of acquittal dated 23.11.1996 passed by learned Sub -Divisional Judicial Magistrate, Khunti, Ranchi in G.R. Case No. 601 of 1990 Tr. No. 287 of 1996, by which the respondents were acquitted of the charges under Sections 408, 409, 420 and 120B of the Indian Penal Code.

(2.) BRIEF facts leading to this appeal are that the respondents were serving in Regional Gramin Bank, Murhu Branch, Ranchi as Branch Manger and the Cashier respectively on 18.6.1990. According to the prosecution case on that dale Rs. 10,000/ - was withdrawn from said branch of this Bank to be deposited in Bank of India, Khunti Branch through debit voucher by the cashier, Jawahar Swansi, with permission of respondent Vijay Kumar Thakur, the Branch Manager. However, that amount was never deposited in Khunti Branch of Bank of India. As such, the said amount has been defalcated; misappropriated resulting in cheating of the Bank, which employed them.

(3.) THE prosecution has examined altogether six witnesses in support of its case including the informant. However, the learned trial court having observed that the said withdrawal voucher was not produced to pinpoint the responsibility of anyone of the respondents regarding withdrawal of the amount in question. Therefore, the prosecution has failed to prove the charges.