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shivani shorthand typing center jiwaji ganj morena (M.P.) Mob. No. 8871426000

created Thursday October 14, 02:41 by Shivani shorthand



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103 completed
Both these Criminal Revisions have been filed against the order passed by Second Additional Sessions Judge. Dindori, framing charges under Sections 467 read with 109. 420 read with 120-B, 46B and 201 of I.P.C. against Pramod Kumar Likhar (petitioner in Cr.R. No. 3250/2015) and under Sections 467 read with 109, against Bhupendra Kumar Prabhat (petitioner IN Cr.R. No. 197/2016). The brief facts of the case, as emerged from the material on record are that the First Information Report came to be registered on the basis of a written Likhar (petitioner in Cr. R.). Branch Manager, Central Bank of India, Branch Ajwar, district Dindori, wherein it was disclosed that Renamed Jha and Suresh chourasiya, who had their accounts with the Central Bank of India, committed fraud by depositing fictious cheques drawn on State Bank of India, Dindori Branch in their accounts and later on withdrew the money. After registration of the FIR, the investigating officer recorded the statement of witnesses and seized the account opening forms, withdrawal forms and deposit slips/receipts/counter slip received from the SBI, Dindori, from the office of Central Bank of India. Upon completion of investigation, initially charge sheet was filed against four accused persons, namely, Ahinandan Soni, Yogesh Pandey. By way of additional Charge sheet, the petitioners have been arrayed as accused, as thery were respectively posted as Branch Manager and Cashief in the Central Bank of India. Branch Ajwar, district Dindori, at the relevant time. Upon committal, the second Additional Sessions Judge, Dindori framed the charges against the accused persons, who pleaded non-guilty. The petitioners/accused persons have therefore filed the present revisions challenging the order dated 02.12.2015, framing the charges as aforementioned and continuation of proceedings.The contention of learned Senior Counsel is that as per Bank policy, the cheques sent for local collection/clearance, if not returned by the clearing Bank, the account of account holde/customer is then credited and he is allowed to use the funds on third working day. The cheques, after being deposited in SBI Dindori Branch, were not returned by the deposited in SBI Dindori Branch, were not returned by the SBI rather the Central Bank of India received the counter foil/deposit receipt, which were initiated and had seal of SBI, with an endoresement “sufficient funds”. Hence there was no occasion or need for the petitioners/accused persons to raise alarm or to make any enquiry and therefore the amount was credited to the account of Suresh chaurasiya.

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