ABHIJIT DASGUPTA Vs. THE STATE OF SIKKIM

JUDGEMENT

(1.) THIS Revision Petition filed by the Revisionist -Petitioner seeks to assail judgment dated 29 -11 -2014 passed by the Learned Principal Sessions Judge, East Sikkim at Gangtok, in Crl. Appeal No. 02 of 2014, upholding the judgment of the Learned Judicial Magistrate, South Sikkim at Namchi, dated 29 -06 -2013 in General Register Case No. 10 of 2013, by which he was convicted for the offence under Section 409 of the Indian Penal Code, 1860 (for short "IPC") and sentenced him to undergo simple imprisonment for 2 (two) years and to pay a fine of Rs. 6,000/ - (Rupees six thousand) and in default of payment of fine, to undergo further simple imprisonment of 6 (six) months.

(2.) THE genesis of the case against the Petitioner is traced to a written complaint dated 11 -08 -2012, Exhibit 1, lodged in the Temi Police Station, South Sikkim, by one Shri N.T. Bhutia, P.W.1, Branch Manager of the State Bank of India (for short "SBI"), Singtam Branch, who was holding temporary charge of the Branch Manager of the SBI, Temi Branch, South Sikkim, stating that some unknown person had surreptitiously transferred Rs. 9,14,000/ - (Rupees nine lakhs and fourteen thousand) from the Branch Subsidy Account No. 11892388517 to different individual Savings Bank Accounts, particularly, Account No. 317088108398 and 103642954006. Temi P.S. Case No. 23(8)12 dated 11 -08 -2012 under Sections 403/ 409/420 read with 120B IPC was accordingly registered by the Temi Police Station against unknown person(s) and investigation taken up.

(3.) (i). During the course of the investigation, relevant bank documents were scrutinised and upon such scrutiny, it was revealed that the Revisionist -Petitioner took charge as the Branch Manager of SBI, Temi Branch, with effect from 02 -11 -2010 and during his tenure certain illegal transfer of funds were found to have been made from the Subsidy Account of the Branch to 5 (five) personal accounts of varying sums on different dates to the tune of Rs. 11,20,000/ - (Rupees eleven lakhs twenty thousand). It was further revealed that the Revisionist -Petitioner used to go to Siliguri, West Bengal, on Government holidays and visited singing bars, named, 'Alishan', 'Harbour', 'Tinkers', etc. Due to his frequent visits to these bars, he befriended the organisers of the programmes and enjoyed their hospitality on credit and also borrowed money when intoxicated and spent it lavishly on himself and the performing artists by way of tips.