JUDGMENT :

Sharad Kumar Sharma, J.

The instant C482 Application has been preferred by the present applicant, thereby putting a challenge to the proceedings of Criminal Case No. 344 of 2023, State Vs. Bharat Singh, for his alleged involvement in commission of the offence under Sections 409, 420 and 120B of IPC, on the ground that the set of allegations as leveled in the FIR No. 11 of 2023, wherein it was found that he was instrumental in connivance with the named accused persons for fraudulently getting the amount deposited into his two accounts, which was otherwise were to be placed in the ATM boxes, for which the services of CMS India Private Limited, was assigned.

2. There are multifold arguments which has been extended by the learned counsel for the applicant that no offence under Section 409 of IPC is made out against the present applicant for the reason being that he was not an employee of a banker to bring him within the ambit of Section 409 of IPC. But then, if the contents of the para 10 of the C482 Application is taken into consideration, after examination of witnesses, for example that of Devraj, Ashish and Jogendra, who are directly involved in performance of the duties in