The prosecution must provide concrete evidence to prove allegations of criminal breach of trust; absence of critical documentation undermines a conviction under Section 409 IPC.

JUDGMENT :

Jitendra Kumar, J.

Introduction

The present Criminal Revision Petition has been preferred by the Petitioner against the Judgment of conviction and order of sentence dated 30.07.2019 passed by learned Sessions Judge, Muzaffarpur in Cr. Appeal No. 9 of 2019, whereby learned Appellate Court has upheld the judgment of conviction and order of sentence passed by learned Trial Court of the Judicial Magistrate I^st Class-cum- Additional Munsif, Muzaffarpur (West), in Paroo P.S. Case No. 109 of 2009, corresponding to Trial No. 5405 of 2018, G.R. No. 1006 of 2009, whereby learned Trial Court had found the Petitioner guilty under Section 409 of the Indian Penal Code sentencing him to undergo R.I. for three years and pay fine of Rs. 10,000/- and in default to pay the fine, he was further directed to undergo S.I. for three months.

Prosecution Case

2. The criminal proceeding was initiated on a letter written by Area Manager of North Bihar Gramin Bank, Muzaffarpur addressed to the Officer-in-charge, Police Station Paroo, Muzaffarpur against the petitioner herein who was Branch Manager of North Bihar Gramin Bank, Branch Sarmastpur.

3. The sum and substance of the allegation levelled by the Area Manager against the petitioner, Branch Manger is that as per audit report during his tenure from 2005 to 2008, the petitioner has committed serious financial irregularities for sanctioning loans causing loss of Rs.96,97,000/- to the State revenue, details of the loans as given are as follows: (i) KCC loans in 190 accounts; (ii) L.T.L. loans in 13 accounts; (iii) G.C.C. loans in 57 accounts and (iv) S.C.C. loans in 49 accounts. As per further allegation, no documents regarding the address and parentage of the debtors were taken as loan documents. It has been claimed by the Area Manager/informant that prima facie, the petitioner has misappropriated the loan amounts by showing loans sanctioned in favour of the fake persons.

Evidence of Both the parties

4. During the trial, the prosecution has examined altogether 11 witnesses who are as follows:

(i) P.W.1 Ravi Ranjan Kumar – who is a retired Bank Manager.

(ii) P.W.2 Bhupendra Kumar (informant) who is a Senior Manager.

(iii) P.W.3 Braj Mohan Prasad who is retired Assistant Manager.

(iv) P.W.4 - Md. Shamshad Khan, P.W.5 - Md Aslam, P.W.6 - Neeraj Kumar, P.W.7 - Mr. Rajesh Kumar, P.W.8 - Ram Jappu Pandey and P.W.9 - Sujeet Kumar who are Investigating Officers of the case.

(v) P.W.10 Narendra Nath – who is an Assistant Regional Manager, who had done the audit of the bank in question.

(vi) P.W.11 Ritesh Kumar who is a Manager in a DAD USB head office, Muzaffarpur.

5. The prosecution has also brought on record the following documents:

(i) Exhibit 1 - Signature of the P.W.2 on letter No.139 dated 08.07.2009.

(ii) Exhibit 2 - Original audit report for period 10.02.2009 to 14.02.2009.

(iii) Exhibit 2/1- Writing and signature of the P.W.10, the Auditor on the audit report for the period 10.02.2009 to 14.02.2009.

(iv) Exhibit 2/2- Signature and writing on the audit observation of P.W.10, the audit observation report for the period covering for the period 10.02.2009 to 14.02.2009.

(v) Exhibit 3-Original report of Audit Observer for audit conducted from 28.01.2008 to 31.01.2008.

(vi) Exhibit 4- The signature of the S.H.O., Paroo namely, Ram Kumar Singh on the formal F.I.R..

(vii) Exhibit 5- Charge-sheet No.47/14 dated 28.02.2017.

(viii) Exhibit 6- C.C. of Departmental Proceedings DAW/02/09-10/271 dt. 03.09.2009.

(ix) Exhibit 7- C.C. of Departmental Proceeding order HO/DAD/04/11-12/No.99 dated 29.04.2011.

(x) Exhibit 8- C.C. of administrative order HO/DAD/04/11-12/No.100 dated 29.04.2011.

(xi) Exhibit 9-C.C. of GCC loan Circular letter Credit/02/2006-07/21 dated 18.07.2006.

(xii) Exhibit 10-C.C. of SCC loan Circular Credit No. HO/Credit 29/2005-2006 dated 30.01.2006.

(xiii) Exhibit 10/1- C.C. of letter No. Credit/02/2006-07 for SCC dated 01.09.2006.

(xiv) Exhibit 11-C.C. of KCC loan Circular Letter No. Credit/02/2006-07 dated 01.09.2006.

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