- (1.) Heard the parties. This revision application is directed against the order dated 31.1.2011 passed by the then S.D.J.M., Godda in G.R. No. 1195 of 2007 (T.R. No. 497 of 2011). whereby and whereunder a petition filed under Section 239, Cr PC for discharging the petitioner from the offences punishable under Sections 409 and 468 read with Section 120B of Indian Penal Code was rejected.
(2.) The case of the prosecution is that the informant, a Block Development Officer-cum-Block Programme Officer, Poraiyahat, lodged a case alleging therein that in course of verification of the accounts of gram panchayats, opened under the scheme of National Rural Employment Guarantee, in Vananchal Gramin Bank, Poraiyahat, he found that from the account bearing A/c. No. 3704 standing in the name of gram panchayat, Tarkhutta a sum of Rs. 3,20,500/- had been withdrawn, whereas a sum of Rs. 2,60,000/- had been withdrawn from the account of gramin panchayat Liladah. Since such huge amounts had been withdrawn, he became suspicious of some found play. Therefore, he asked from the Branch Manager (petitioner) about the cheques through which those amounts had been withdrawn. On production of the said cheques, it was found that his signature as well as the signatures of the Secretaries of both gram panchayats namely, Tarkhutta and Liladah had been forged. Still the said amounts were allowed to be withdrawn and were deposited in the account of one Gopal Mandal.
(3.) Since the Secretaries of the aforesaid panchayats were the custodian of cheque-book, it has been alleged that the Secretaries of aforesaid gram panchayats in connivance with the Branch Manager (petitioner) as also Gopal Mandal have committed offence of forgery and misappropriation. On such allegation, Poraiyahat P.S. Case No. 182 of 2007 was registered under Sections 420, 409, 467, 468, 471, 484 and 120B of Indian Penal Code.;