JAMMU, Aug 19: Special Judge Anti-Corruption, Jammu, Sonia Gupta, ordered framing of charges against former Branch Managers and former Cashier of Citizen Cooperative Bank, Vijaypur, in an alleged Rs 11 lakh bank fraud case involving forged cheques, fabricated entries and alleged misappropriation of money from a customer’s cash-credit account under Sections 409, 420, 465, 467, 468, 471 and 120-B RPC read with Section 5(2) of the Prevention of Corruption Act.
The case arises out of FIR No. 25/2015 of Police Station Crime Branch, Jammu.
According to the prosecution case, Branch Manager of Citizen Cooperative Bank, Vijaypur, while other two were posted in the branch as clerk and cashier respectively.
A fourth accused, who was then an Accountant, died during the pendency of proceedings and the Court ordered the case against him to abate.
The case originated from a complaint lodged by one Ajay, who alleged that a loan of about Rs 25.93 lakh had been sanctioned in his favour by the Vijaypur branch for running a brick kiln.
He subsequently alleged that amounts had been fraudulently withdrawn from his cash-credit account through cheques carrying forged signatures.
Crime Branch, during investigation, alleged that three loose cheques bearing Nos. 5219753, 5219754 and 5219757, involving amounts of Rs 4 lakh, Rs 4 lakh and Rs 3 lakh respectively, were used to withdraw a total amount of Rs 11 lakh from the account.
The investigation further alleged that the three cheques were shown to have been issued in favour of D.K. Traders, Ram Lal & Company and Ramesh and Sons, but further investigation found that these firms did not exist in the relevant bank records.
The prosecution alleged that the Rs 11 lakh was encashed in cash in the names of the said firms from the cash-credit limit of M/s Jai Mata Di Brick Kiln.
According to the Crime Branch case, the loose cheques were allegedly taken by Bank Manager and corresponding entries were subsequently made in the bank records through other officials.
The Court also took note of the Forensic Science Laboratory report, which, according to the order, indicated that the questioned signatures of complainant Ajay on the three cheques did not match his admitted signatures.
After considering the chargesheet, witness statements, documentary record, FSL opinion and the submissions made by both sides, the Court found sufficient material on record prima facie indicating involvement of the accused in the alleged offences.
The Court consequently held that prima facie offences under Sections 409, 420, 465, 467, 468, 471 and 120-B RPC read with Section 5(2) of the Prevention of Corruption Act were made out and formally framed charges against the surviving accused.
|