- (1.) THE present appeal has been preferred by the State of Bihar now jharkhand) against the order of acquittal dated 23. 11. 1996 passed by learned Sub-Divisional Judicial Magistrate, Khunti, ranchi in G. R. Case No. 601 of 1990. Trial no. 287 of 1996 by which the respondents were acquitted of the charges under Sections 408, 409, 420 and 120b of the Indian penal Code.
(2.) BRIEF facts leading to this appeal are that the respondents were serving in Regional Gramin Bank. Murhu Branch. Ranchi as Branch Manager and the Cashier respectively on 18. 6. 1990. According to the prosecution case, on that date Rs. 10,000 was withdrawn from said branch of this bank to be deposited, in Bank of India, khunti Branch through debit voucher by the cashier. Jawahar Swansi with permission of respondent Vijay Kumar Thakur, the branch Manager. However, that amount was never deposited in Khunti Branch of bank of India. As such, the said amount has been defalcated; misappropriated resulting is cheating of the Bank, which employed them.
(3.) THE matter was reported by the Chairman, Regional Gramin Bank. Dr. B. N. Singh, to Murhu Police Station, on the basis of which Murhu Police Station Case No. 66 of 1990 was registered. The police investigated the case and finally submitted charge-sheet against both the respondents as they were found involved in withdrawing the money and misappropriating it. The respondents were put on trial after framing charge on 18. 9. 1995.;