IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 26^TH DAY OF APRIL, 2019

BEFORE

THE HON’BLE MR. JUSTICE K.NATARAJAN

CRIMINAL REVISION PETITION No.208 of 2011

BETWEEN

SMT. LAKSHMIDEVI,

W/O SRI R.K. ASHOK KUMAR,

AGED ABOUT 60 YEARS,

FORMERLY AT No.C-26,

SHANBAGH KRISHNAPPA LANE,

CHIKKAMAVALLI,

BANGALORE – 560 004.

NOW RESIDING AT 56/4,

UPSTAIRS, 1^ST BLOCK, 2^ND MAIN,

THYAGARAJANAGAR,

BANGALORE – 560 028.

... PETITIONER

(BY SRI B.S. SRIDHAR, ADVOCATE FOR

SRI C.G. GOPALASWAMY, ADVOCATE)

AND

THE STATE OF KARNATAKA,

BY COD,

BANGALORE.

... RESPONDENT

(BY SRI S.T. NAIK, H.C.G.P)

THIS CRIMINAL REVISION PETITION IS FILED UNDER

SECTION 397(1) CR.P.C PRAYING TO SET ASIDE THE JUDGMENT

DATED 30.10.2010 PASSED BY THE PRESIDING OFFICER, FTC-

VIII, BANGALORE CITY IN CRL.A.No.188/2002 AND JUDGMENT &

CONVICTION

DATED

07/08.03.2002

PASSED

BY

THE

IV

ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BANGALORE

IN C.C.No.3404/1984.

2

THIS CRIMINAL REVISION PETITION HAVING BEEN HEARD

AND RESERVED FOR ORDERS ON 07.01.2019 AND COMING ON

FOR PRONOUNCEMENT, THIS DAY THE COURT PRONOUNCED THE

FOLLOWING:

ORDER

This Revision Petition is filed by the petitioner under

Section 397 (1) of Cr.P.C., 1973, being aggrieved by the

judgment of conviction and sentence passed by IV Additional

Chief

Metropolitan

Magistrate,

Bengaluru

in

C.C.No.3404/1984. He has been convicted for the offences

punishable under Section 408, 477A, 420 and 120B of IPC

and the same has been confirmed by the Fast Track Court –

VIII, Bengaluru City in Crl.A.No.188/2002 vide judgment

dated 30.10.2010.

2.

Heard the arguments of the learned counsel for the

petitioner and the learned High Court Government Pleader.

3.

The rank of the parties before the trial Court is retained

for the convenience.

4.

Before adverting to the arguments of the learned

counsel for the petitioner, it is worth mentioning the factual

matrix of the case on hand.

3

5.

The accused No.1 (the present petitioner), being the

ledger clerk and the accused No.2, being the Manager in

Vysya Co-operative Bank, V.V.Puram Branch, Bengaluru

during the period between 18.11.1969 and 17.10.1979

having dominion over the accounts and funds of the Bank and

both conspired together to cheat the bank and to cause

wrongful loss to the bank and opened FD account on

23.12.1976 in LF No.7/103 in the said bank in the name of

A.G.Susheelamma-PW.6 for Rs.300/- but issued FD receipt

for an amount of Rs.1,300/- without receipt of Rs.1,000/-

thereby caused wrongful loss to the bank and cheated the

bank by falsifying the accounts of the bank in the Managers

Scroll, Cashiers Scroll and other books of account facilitating

the said Susheelamma to withdraw the amount of Rs.1,417/-

though she was not entitled for so much amount and thereby

the

amount

to

the

tune

of

Rs.1,100/-

has

been

misappropriated and made personal gain.

6.

Subsequently,

one

L.B.Joshi

was

appointed

as

Administrator and later, PW.1 N.S. Manohar was appointed as

Administrative Officer on 24.07.1979 and after assuming the

charge as Administrative Officer, he had found that the audit

4

accounts of the bank for the year 1977-1978 was in arrears

and he got audited the accounts of the bank through the

auditor one Raghupathi and the auditor submitted the report

as per Ex.P1 where it was revealed that the accused Nos.1

and 2 had opened the FD account in the name of PW.6-

A.G.Sushelamma by receiving Rs.300/-, but issued receipt for

Rs.1,300/- and also facilitated her to withdraw a sum of

Rs.1,417/- and thereby, misappropriated Rs.1,117/- for their

personal gain. Thereafter, by obtaining the authorization

letter from the Deputy Registrar of the Co-operative Society

and then lodged the complaint against the accused before

the Central Police Station and later, the investigation was

took up by the COD Police and after the completion