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2021 Supreme(Ker) 60

R.NARAYANA PISHARADI
N. P. Hamza – Appellant
Versus
State Of Kerala Represented By The Public Prosecutor – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri.K.Viswan, Smt.Anuroopa Jayadevan, Sri.D.Arun Bose, Shri.Ashruth Naser, Advs.
For the Respondent: Sri B Jayasurya, Sr. PP, Sri. K Gopalakrishna Kurup, Sr. Advs.

ORDER :

The petitioners are the second and the third accused in the case C.C.No.173/2016 pending in the Court of the Enquiry Commissioner and Special Judge, Thalassery.

2. The first accused was employed as the Accountant in the Valapattanam Service Co-operative Bank. Accused 2 to 5 were the Secretary, Manager, Chief Accountant and the Assistant Secretary of the Bank respectively.

3. It is not necessary here to narrate the prosecution case in detail. Suffice it to state that the case relates to misappropriation of an amount of Rs.2,00,000/- allegedly committed by the first accused while he was working as the Manager in-charge of the Bank with the assistance of the other accused in the case.

4. The trial court framed charge against the accused for the offences punishable under Sections 13(1)(c) and 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988 and also under Sections 409, 468, 471, 477A, 201 and 120B of the Indian Penal Code.

5. After examination of the accused under Section 313 of the Code of Criminal Procedure, 1973 (for short 'the Code'), the trial of the case reached the stage of defence evidence. The trial court then found that the materials produced by the prose

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