PATNA, India, Aug. 21 -- Patna High Court issued the following judgment on July 22:
The present Criminal Revision Petition has been preferred by the Petitioner against the Judgment of conviction and order of sentence dated 30.07.2019 passed by learned Sessions Judge, Muzaffarpur in Cr. Appeal No. 9 of 2019, whereby learned Appellate Court has upheld the judgment of conviction and order of sentence passed by learned Trial Court of the Judicial Magistrate Ist Class-cum- Additional Munsif, Muzaffarpur (West), in Paroo P.S. Case No. 109 of 2009, corresponding to Trial No. 5405 of 2018, G.R. No. 1006 of 2009, whereby learned Trial Court had found the Petitioner guilty under Section 409 of the Indian Penal Code sentencing him to undergo R.I. for three years and pay fine of Rs. 10,000/- and in default to pay the fine, he was further directed to undergo S.I. for three months.
Prosecution Case 2. The criminal proceeding was initiated on a letter written by Area Manager of North Bihar Gramin Bank, Muzaffarpur addressed to the Officer-in-charge, Police Station Paroo, Muzaffarpur against the petitioner herein who was Branch Manager of North Bihar Gramin Bank, Branch Sarmastpur.
3. The sum and substance of the allegation levelled by the Area Manager against the petitioner, Branch Manger is that as per audit report during his tenure from 2005 to 2008, the petitioner has committed serious financial irregularities for sanctioning loans causing loss of Rs.96,97,000/- to the State revenue, details of the loans as given are as follows: (i) KCC loans in 190 accounts; (ii) L.T.L. loans in 13 accounts; (iii) G.C.C. loans in 57 accounts and (iv) S.C.C. loans in 49 accounts. As per further allegation, no documents regarding the address and parentage of the debtors were taken as loan documents. It has been claimed by the Area Manager/informant that prima facie, the petitioner has misappropriated the loan amounts by showing loans sanctioned in favour of the fake persons.
Evidence of Both the parties 4. During the trial, the prosecution has examined altogether 11 witnesses who are as follows:
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