Law:

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SYED ABDUR REHMAN, J.---Appellant, Abdul Majeed, was convicted by the Presiding Officer, Special Court (Offences in Banks) at Karachi, under section 408 , P.P.C. and sentenced to suffer R.I. for three years and to pay a fine of Rs.400,000 (Rupees four hundred thousands) or in default of payment of fine to undergo further R.I. for six months. Out of the amount of fine, if recovered, Rs.1,83,000 were ordered to be paid to the Bank. The, appellant has challenged the above conviction and sentence by this appeal.

2.                Briefly stated the prosecution story is that the appellant was working as Manager of the Kotdiji Branch of the National Bank of Pakistan in 1989. The appellant in that capacity had withdrawn heavy amounts from the accounts of some of the account-holders and made false and bogus entries in the account books of the bank. This fact came to light when the appellant was transferred and in his place another Manager by name Dhani Bux took over. the charge of ihc Branch on 22-5-1989. On being cautioned by Zameer Ahmed, official of the Bank, Dhani Bux checked the account-books of the bank and found that several entries for heavy amounts were missing. He, therefore, requested the account-holders to confirm what was the balance in their respective accounts. On receipt of the replies from various account-holders Dhani Bux checked the account and found as many as I I discrepancies. Consequently, he made a com'plaint in respect of the above misappropriation to Deputy Director, F.I.A., on 5-6-1989. The case was investigated by Oalander Bux Phulpota, Assistant Director, F.I.A. In consequence of the investigation the appellant was arrested and sent up before the Special Court (Offences in Banks), Karachi, for trial for offences under sections 408, 468, 471 and 477-A, P.P.C. A charge was framed against the appellant under the above sections to which he pleaded not guilty and claimed to be tried.