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2002 Supreme(MP) 588

S.L.KOCHAR
Panna Mehta – Appellant
Versus
State of M. P. – Respondent


Advocates Appeared:
Girish Desai, S.C.BAGADIA, V.K.Jain,

Judgment

( 1. ) THE applicant has filed this petition for expunging remarks viz. , "benefit of doubt" from the judgment dated 12th March, 2001 (Annexure A-3) delivered by learned Judicial Magistrate, First Class, Indore in Criminal Case No. 154/96.

( 2. ) TO appreciate controversy and contentions of the parties a reference to the relevant facts leading for filing of this petition would be apt: The respondent submitted a charge-sheet accusing the applicant for the offence punishable under Sections 467,420/511 of the Indian Penal Code before the Court below. It was alleged that the applicant was holding post of Cashier-cum-Clerk in the State Bank of India, in City Branch at Indore and on 27-1-85, she went to the Manager of the main branch of the Bank at Indore and presented a letter before the Manager purported to be signed by Dr. Vijay Jain. In the said letter, a request was made to transfer an amount of Rs. 30,17,000/- to his other A/c No. 28938 with the main branch of the Bank at Mumbai. It was, further alleged that the bank may retain Rs. 25,000/for adjustment towards loss of interest. On presentation of such letter, suspicion arose in the mind of the Branch Manager and therefore,













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