(1) CRI.APPLN. 1508.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 1508 OF 2010 1] Nilkanth Bapurao Deshmukh Age : 42 years, Occu.: Service, R/o Jawahar Colony, Tq. and Dist. Beed .. Applicant VERSUS 1] State of Maharashtra (Through P.I. City Police Station, Beed Tq. and Dist. Beed) (Notice be served on the Public Prosecutor, High Court of Bombay At Aurangabad) 2] The District Superintendent of Police, Beed, Dist. Beed .. Respondents Mr. A.B. Gatne, Advocate for the Applicant Mrs. B.R. Khekale, AGP for the respondent-State ... CORAM : K.U. CHANDIWAL, J. DATED : 28TH APRIL, 2010 PER COURT:- 1] Heard Mr.Gatne extensively. The accused- applicant Nilkanth Bapurao Deshmukh was a Cashier at the Champawati Urban Co-operative Bank Ltd., Beed. for the period from atleast 1.8.2008. Mr. Gatne informs the accused-applicant is a victim of the situation. He was under the thumb of Branch Manager (2) CRI.APPLN. 1508.2010 Khole and the dictation of Shri Khole made the accused-applicant to sign the blank vouchers. Release of Rs.5,00,000/- to one of the account holders Dr. Laddha, is also in the same situation. Learned counsel submits that being the Cashier though he was required to receive cash with the vouchers, the voucher and cash was never handed over to him by the team of Shri Chavan and Mr. Khole. Consequently he was left to sign the vouchers for fixed deposit as to confirmation of fixed deposit. The manipulation or the score in the voucher or Fixed Deposit Receipt was at the behest of Mr. Khole and Mr. Chavan though such fixed deposit Receipts bear signatures of the accused-applicant. 2] Learned counsel submits, this Court has already directed release of several other persons directly involved in the Bank embezzlement and the accused-applicant shall furnish correct account as to what has transpired and who are culprits to put the noose to the Bank. Consequently, he urged for interim protection to safeguard his high esteem and reputation in the market. 3] Though Mr. Gatne tried his level best to put a rosy and cozy picture about the docile characteristics of the accused-applicant, however, the record rebels against him. Several vouchers tendered by the prosecutor illustrate it cannot be an (3) CRI.APPLN. 1508.2010 act of the accused-applicant at the dictum either from Mr. Khole or Mr. Chavan but the activities carried by the applicant/accused was in concert with his superiors and primarily for illegal financial gains. The faith of the poor depositors is tarnished by issuing them fabricated fixed deposit receipts. Amount of Rs.1,00,000/- is deposited by the depositor, the receipt shows Rs.10,000/-. One of the complainant Gorakh Shelke has tendered copy of his deposit to show high-handed activities. 4] The amount of Rs.5,00,000/- allegedly disbursed to Dr. Laddha is not accounted for. The obverse endorsements on the vouchers on copy retain by the present accused-applicant will not diminish and dilute his responsibility to answer the embezzlement. The sundry statement produced by the learned AGP informs that on 8.8.2008, 4.1.2008, 23.8.2008 and 23.8.2008 amounts to the tune of Rs. 7,69,000/-, Rs.5,00,000/-, Rs.2,41,589/-, Rs. 7,70,700/- are withdrawn, under the signature or as the passing authority of the accused-applicant either by Mr. Chavan or by Mr. A.M. Khole. The applicant can-not escape his primary liability to answer the charge of embezzlement and misappropriation. The calculated action has virtually closed the bank. No change in circumstances. (4) CRI.APPLN. 1508.2010 5] In the result I do not find any merit. The Criminal Application is rejected. Sd/- (K.U. CHANDIWAL, J.) arp