Decided on March 01,2013

Dalbir Singh Chettri Appellant


- (1.) By means of this criminal revision preferred under Section 397/401 Cr.P.C., accused revisionist is assailing the judgment and order dated 04.10.2004 passed by Judicial Magistrate, Dehradun whereby accused revisionist was convicted and sentenced to undergo 3-year rigorous imprisonment and to pay fine of Rs. 5000/- failing which to serve additional 6-month imprisonment for the offence punishable under Section 409 IPC as well as judgment and order dated 18.11.2004 passed by Additional Sessions Judge / 1st FTC, Dehradun whereby criminal appeal filed by the revisionist was dismissed upholding the judgment & order passed by the learned Magistrate.
(2.) Brief facts, inter alia, are that accused revisionist, at the relevant time, was posted as officiating Head Cashier in the Union Bank of India, Wadiya Branch, Dehradun. On 10.11.2003, accused revisionist went to Rajpur Road Branch of the said Bank and demanded Rs. 15,00,000/- therefrom for Wadiya Branch saying there was a Seminar in the Wadiya Institute, therefore, a heavy cash would be required in the Branch. Having believed the version of accused revisionist, officials of Rajpur Road Branch handed over Rs. 15,00,000/- to the accused revisionist on 10.11.2003. On the same day itself, at about 04.00 p.m. Mr. Neelkamal Seth, the then Branch Manager of Wadiya Branch telephonically demanded duplicate keys of his Branch from Rajpur Road Branch in order to lock the Branch and strong room saying accused revisionist (Head Cashier of the Wadiya Branch) left the Branch on the pretext of meeting with doctor, however, did not report back. The moment this information was received in Rajpur Road Branch, officials thereof took no time to understand that accused revisionist had not deposited Rs. 15,00,000/- in the Wadiya Branch, therefore, an FIR was lodged with the police on the same day. After registration of FIR, the investigation was commenced and during the investigation, Investigating Officer was informed that revisionist was seen going towards his village Halduwala. Having received this information, SHO Sandeep Negi reached near village Halduwala and on the pointing out of informer, he stopped the accused revisionist, who was going on foot having a bag in his hand. Accused revisionist was apprehended and Rs. 8,00,000/- was recovered from his bag and the amount, so recovered, was kept in a seal cover. Thereafter, on the pointing out of the revisionist Rs. 6,90,000/- was also recovered on 25.11.2003, which was kept by him under the bushes near village Halduwala.
(3.) Having investigated the matter, a charge-sheet was submitted by the Investigating Officer under Section 409, 420, 411 IPC, however, learned Magistrate framed charge against the revisionist under Section 409 IPC and in alternate, under Section 420 IPC. From the side of prosecution, 9 witnesses were produced in order to prove the prosecution story.;

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