Judgement

OZA, J. :- These appeals have been filed after grant of leave against the acquittal of the respondent from offences under Sections 467 read with Section 109 and 471 of the Indian Penal Code.

2. The prosecution case at the trial was that V. Suryakantam is a resident of official colony VSP, and has a Bank account in the Bank of India since 1965. Her Account No. is 2006. She has also a cheque book to operate the Bank transactions and she was also entitled to withdrawal facility for withdrawing money from her accounts. The respondent-accused was working as an Accounts Clerk in the Bank of India in the very branch-where V. Suryakantam PW 1 had her account.

3. This V. Suryakantam, P.W. 1 was acquainted with the respondent-accused and he used to assist her in the bank transactions. It is alleged that whenever she wanted to withdraw money on a cheque her daughter V.S. Kanthi used to fill up the cheque and she used to sign on the cheque. On 23rd November, 1970 the respondent accused misrepresented to P.W. 1 that her account book is required in the Bank for the purpose of posting up to date entries and on this representation obtained her pass book which he never returned. P.W. 1 deman