Law:

Section:

Penal Code (XLV of 1860)--- ----Ss. 409, 420, 468 & 471---Prevention of Corruption Act (II of 1947), S. 5(2)---Criminal Procedure Code (V of 1898), S. 417(2-A)---Criminal breach of trust by public servant, cheating and dishonestly inducing delivery of property, forgery for purpose of cheating, using as genuine a forged document and corruption---Appeal against acquittal---Reappraisal of evidence---Some fraudulent withdrawal of amount was alleged against accused persons---One accused as cashier, prepared pay bills, which were typed by another official---Other accused put up the bills to Signing Authority who signed the same---Said bills were duly passed by competent authority; and the accused drew the amount in question from the Bank---All said persons, including both accused persons played their respective role in withdrawal of disputed amount, but recovery was shown against one accused who deposited said amount in Bank through two cheques---Trial Court, had not accepted two cheques, only because the marginal witnesses to recovery memos showing recovery of said amount, was not examined in the court---Accused persons, and signing authority being colleagues in one office, were equally responsible for the alleged withdrawal---Once it was established that the accused deposited the amount of over drawal, the only plea justifying the alleged withdrawal, was the plea of any mistake on the part of accused persons, but accused persons did not plead that the alleged withdrawal was result of any mistake on their part---Proof of deposit of alleged embezzelled amount through two cheques was very important and relevant pieces of prosecution evidence---Trial Court omitted to ask any question from accused persons on that particular aspect of the case---Trial Court was supposed to decide whether the said documents, were sufficient proof of guilt of alleged offence or otherwise---Impugned order was set aside, and case was remanded to the Trial Court, which would hear parties afresh and pass orders in the light of material available on record. JUDGMENT MUHAMMAD ALAM, J.---This is a criminal appeal against judgment/order dated 26-4-2013, whereby, the learned Special Judge…

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