D.B.BHOSALE,J. - (1.) THE State has come in appeal against the judgment and order dated 11th June, 1987 delivered by the Metropolitan Magistrate, 13th Court, Dadar, Bombay, in case No. 414/P/1987 by which the respondent-accused, who was charged for the offences under section 409, 477-A of the Indian Penal Code (for short "I.P.C."), has been acquitted of the said offences. The respondent-accused, who was working as a paying cashier in Dena Bank, Nagdevi Branch, Bombay during the period 12.4.1979 to 31.5.1979, alleged to have committed an offence of criminal misappropriation of the cash amount of Rs.1,50,000/- and has wilfully and with an intention to defraud, falsified, destroyed, altered the account books of the bank.
(2.) THE prosecution case, stated briefly, is that the respondent-accused was working as paying cashier in Dena Bank, Nagdevi Branch, Bombay, temporarily for a period from 12.4.1979 to 31.5.1979. One Gokuldas Nensey Ashar (PW 1) was working as the Branch Manager and Shri K.D.Shah was working as accountant while Shri K.R. Saraiya (PW 3) was working as Current Account's Officer. One Ranjit Narayan Desai (PW 2) was receiving cashier. On 31.5.1979 Shri Ranjit N. Desai was ordered by his superior to take charge from the respondent-accused as paying cashier. At the time of handing over the charge he found there was shortage of Rs.1,50,000/- which he immediately reported to Gokuldas (PW 1), who in turn reported the matter to the Head Office of the Bank. The officers from the Head Office came to Nagdevi branch and after re-checking the account and being satisfied regarding shortage of Rs.1,50,000/- reported the matter to Pydhonie police station. Shri Gokuldas N. Ashar (PW 1) lodged F.I.R. on the basis of which offence was registered at C.R.No.371 of 1979 at Pydhonie police station under section 409 I.P.C. The investigation was set in motion during which the statement of several witnesses were recorded and after completion of the investigation charge sheet was filed against the respondent-accused under section 409 I.P.C. The prosecution, to bring home the guilt of the respondent-accused, has examined as many as five witnesses consisting of Gokuldas Narayan Ashar - the Branch Manager (PW 1), Ranjit Narayan Desai - Receiving Cashier (PW 2), Kirit Ramniklal Saraiya - the Current Account's Officer (PW 3), Lalit Govardhandas Ashar - the Cashier Officer in Head Office of Dena Bank, Boribunder (PW 4) and Jayant Kedar P.S.I. from S.B.I. C.I.D. (PW 5).
(3.) THE respondent-accused entered the plea of not guilty. The defence propounded by the respondent-accused is that he was working as temporary paying cashier from 12.4.1979 to 13.5.1979. According to him he was having one key of sate and second key was with Gokuldas Ashar (PW 1) the then Manager of the Bank and third key was with the Accountant Shri K.D.Shah. On 31.5.1979 he did not go out of the bank since morning. While handing over the charge, the cash was verified and after the shortage was discovered it was shown in suspense account in normal course of business. He has been falsely implicated in this case. In the defence he has also brought on record that one cash peon Mr.Bandekar had access to the said cash and the said peon was missing from the bank from 4.00 p.m. onwards from the date when the shortage was discovered.;