V.G. Palshikar, J. - (1.) That this appeal is directed against the order dated 13.11.1984 passed by learned Special Judge, C.B.I., Rajasthan Jaipur convicting the accused-appellants under Section 120 B and 420 of the Indian Penal Code and sentencing them to one years rigorous imprisonment and a fine of Rs. 1000/- and in default of payment of fine further imprisonment of three months and under Section 120 B of the Indian Penal Code to six months rigorous imprisonment on the grounds mentioned in the memo of appeal and also canvassed before me.
(2.) With the assistance of the learned counsel for the accused appellant to and learned Public Prosecutor I have scrutinised the evidence on record and re-appreciated the evidence on record.
(3.) On appreciation of the evidence on record the prosecution story stated briefly is that the accused appellant in corroboration with Shri B.L. Singhvi Manager of the United Commercial Bank, Jodhpur, Mandore Branch committed criminal conspiracy upon bank accounts in the Branch without proper introduction, obtained credit limit beyond Rs.10,000/- and for doing this Shri Sareen gave to the Bank Manager a piece of terricot suit. The accused appellants were, therefore, prosecuted along with Mr. Singhvi whose appeal is being decided today separately. On consideration of the evidence on record, the learned Sessions Judge came to the conclusion that the accused has not committed any offence under Section 467, 171 of the Indian Penal Code and, however, convicting the accused under Section 120 B and 420 of the Indian Penal Code convicting them to suffer the sentence as aforesaid. It is this order which is challenged in this appeal on the grounds mentioned in the memo of appeal and also verbally canvassed before me.;