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The accused Sri. Vijay Kumar S., was working as a Manager of Canara Bank ATM Cell, Sadashiv Nagar, Bengaluru, during the year 2016, in between the period 08.11.2016 and 29.11.2016, when demonetization Gazette Notification No.2652 dated 08.11.2016 was notified by the Union Government of India. He was in- charge of ATM Cell, Canara Bank, Sadashiva Nagar, Bengaluru, in his official capacity, having been entrusted with the duty of correctly issuing and receiving the correct denomination of cash on record with regard to cash unloaded from various ATMs of the Canara Bank, which were brought to the Bank by the officials of M/s.

1. Whether the prosecution has secured the valid sanction to prosecute the accused ?

2. Whether the prosecution proves beyond reasonable doubt that after notifying the denomination Gazetteer Notification dated 08.11.2016 by the Government of India, during the period from 08.11.2016 to 29.11.2016, the accused, who was entrusted with the work of ATM Cell, to collect the cash with correct denomination on record which was unloaded from various ATMs of Canara Bank and brought by the officials of the CRA i.e., SVI Ltd., in 8 Spl.CC.115/2019 his official capacity as the Manager of the Canara Bank ATM Cell, Sadashiva Nagar, Bengaluru, had swapped the demonetized notes with legal tender character and deposited the said swapped currency with currency chest by making false entry in the books of account regarding the currency notes received from ATM cell and thereby falsified the account maintained in Canara Bank ATM Cell, Sadashiva Nagar, Bengaluru and thereby committed the during the year 2016 when denomination Gazetteer notification dated 08.11.2016 was notified by the Government of India, in between the period 08.11.2016 and 29.11.2016 the accused was entrusted with the work of the ATM Cell in his official capacity as Manager of the Canara Bank ATM Cell, Sadashiva Nagar, Bengaluru and thereby, committed the offence punishable under Section 477-A of the IPC ?

19 Spl.CC.115/2019

24. Argument of the learned defence counsel :

24 (a) Sri. T.V.Harinarayana, the learned counsel for the accused has meticulously argued that originally, the name of the accused was not found in the FIR registered by CW.12, which is based on the source information and the IO has given clean chit to the accused persons mentioned in the FIR and falsely filed charge sheet against the present accused for the alleged offences without appreciating the facts and circumstance of the case and without proper investigation. Further, the accused is physically disabled person and not in a position to count the bank notes. He was being the Manager of the Canara Bank ATM Cell, Sadashiva Nagar Branch, supervising over the work of the ATM Cell, wherein other officials were also working. It is further argued by him that the prosecution has not produced any documents before the court to show the entrustment of particular work to the accused. It was the Sr. Manager of the ATM Cell, Canara Bank (PW.3) who had to look after the working of the ATM Cell as a head and in order to save himself, he has made false allegation against the accused.

34. PW.3 Sri. Syed Arif Pasha, the then Sr. Manager of the Canara Bank, ATM Cell, who in his evidence deposed that, he was working as Sr. Manager of ATM Cell Canara Bank from 25.07.2016 to February 2018. He has also stated as to tie up of the Canara Bank with MSPs i.e., M/s. CCSL and M/s. EPS and in turn, entrustment of the responsibility of the loading and unloading of ATMs of various CRAs including SVI Ltd., by the MSPs. The prosecution got marked the copies of the agreement in that regard as per Ex.P.9 with covering letter dated 12.01.2017 signed by the witness as per Ex.P.9(a). PW.3 in his evidence further stated as to production of system generated statements of denomination wise closing balance and system generated evacuated report as on 08.11.2016 and the said documents were marked as Ex.P.10 and P.11.