Excelsior Correspondent
SRINAGAR, Jan 12: The High Court has directed the trial court to expeditiously conclude the trial in case of opening of fraud accounts and unauthorized excess of withdrawals causing enormous loss to the Bombay Mercantile Cooperative (BMC) Bank by the then Branch Manager.
Dismissing the plea of the then Branch Manager Khazir Mohammad Tunda seeking quashing of the FIR registered by Central Bureau of Investigation (CBI) against him and other accused involved in misappropriation of bank money, Justice Rajnesh Oswal said, the petition has no merit and dismissed the same with the direction to Special Court Anti-Corruption Kashmir to conclude the trial of the case expeditiously.
Court directed the Registry to send the record of the case to trial court forthwith and impressed upon the court for not granting unnecessary adjournments in the case to either of the parities. The FIR against the petitioner-Tunda and others was registered by CBI way back in 2004 and after submitting the challan before the court of law charges were framed in 2007 for commission of offences under Sections 120-B, 419, 420, 409, 467, 471 and 478 of RPC and 5(1) of PC Act.
Petitioner-Tunda challenged the FIR on the ground that he being an employee of BMC bank Ltd was not a public servant as such could not have been prosecuted for the commission of offences and CBI had conducted an enquiry without any authority as such the proceedings conducted by court below are without jurisdiction.
Refuting the arguments made by the counsel appearing for Tunda, the CBI counsel submitted before the court that the accused is a public servant as such CBI has rightly investigated the matter. He informed the court that there are serious allegation leveled against the petitioner as he has abused his official position as a Branch Manager of the bank and caused huge loss to the bank which is worth crores of rupees.
It has also been submitted by the CBI counsel that the court below has already taken the cognizance of the case and now the petitioner cannot claim that the investigation is without authorization. On the arguments of petitioner-counsel that the accused-Tunda was not a public servant, Justice Oswal said, it is evident that under the meaning of section 21 of RPC every officer or servant employed by a Cooperative Bank whether for the whole or part time is a public servant.
“….the contention of petitioner-counsel that the petitioner-Tunda is not a public servant could not have been prosecuted for the offences made against him is without any substance, as such, the said contention is rejected”, Justice Oswal recorded.
Court said there are serious allegations against the petitioner with regard to abuse of his official position by opening fictitious accounts and causing huge loss to the extent of more than one crore to the bank.
Court on the question raised by Tunda’s counsel about CBI enquiry into the case said, the complaint in written was lodged to the CBI and also the investigation has also concluded and challan submitted to the court of law as also the cognizance has also been taken by the trial court by framing charges against the accused and other persons for commission of offences as such, at this stage the plea taken by the petitioner that the CBI had no competence to investigate the matter deserves to be rejected as there is no substance in contentions as raised by the petitioner.
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