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(a) Since 1st June, 1960, the defendant No. 1 was employed as an officer of the plaintiff bank. The defendant No. 1 was working as a head cashier in the Mohamed Ali Road Branch of the plaintiff bank. During this period one Hajibhoy Aziz Sultan was the manager of the said branch of the plaintiff bank. On 8th March, 1972 the plaintiff bank filed a suit No. 309 of 1972 against defendant No. I and other defendants claiming a decree in the sum of Rs. 7,12,000/- with interest and costs against defendant No. 1. The plaintiff bank also filed a separate suit later on against the said Hajibhoy Aziz Sultan which was withdrawn. The plaintiff bank launched criminal prosecution against defendant No. 1 and the said Hajibhoy Aziz Sultan under Sections 409, 467 and 477A of the Indian Penal Code read with Section 34. The defendant No. 1 was tried by the Court of the learned Sessions Judge, Greater Bombay in Sessions Case No. 409 of 1977. The said Hajibhoy Aziz Sultan died during the pendency of the said criminal case. The defendant No. 1 was convicted by the learned Sessions Judge. The defendant No. 1 filed an appeal against the said order of conviction in this Court being Criminal Appeal No. 1164 of 1979. The defendant No. 1 was acquitted in the said appeal much later after the passing of the said consent decree sometime in the year 1988. I am informed that the plaintiff bank has filed a Special Leave Petition in this behalf and the same is pending before the Honourable Supreme Court.