company was engaged in the business of feeding money in
the ATM machines of various Banks i.e. Bank of Baroda, ICICI Bank,
IndusInd Bank ... used to
feed the money in the ATM and was also having the password of the
ATM machine.
The petitioner was arrested on 16.05.2015. Investigation
money from the
Bank and load the same money in the ATM machine. Further
case of the prosecution is that on 02.07.2017, the informant ... same in the ATM and they knowingly and deliberately they
misappropriated the said amount and they have not loaded in
ATM machine. It has been
alongwith other co-accused had installed a spy camera above
the ATM Machine card reader ... skimmer at the site where
the ATM card is inserted in the ATM Machine. The aforesaid
factum of installation of a spy camera above
effect that he is working as a Security Guard at the
ATM Machine of UTI Bank being the employee of AP Securities Private
Limited Company ... disclosed
him that they had come to repair the ATM Machine. They disclosed their
names as Rajiv Duggal and Vijay Kumar. He told them that
wherein it was
alleged that the present applicant, after tempering with
ATM Machine, withdrew Rs. 10,000/- from the Account.
4. Counsel for the applicant ... submits that there was
some technical defect in the ATM Machine, and when
the applicant was withdrawing money from the ATM
Machine, then there
against unknown person whereby they opened the front panel of the ATM
machine and with the use of pendrive, keyboard and other devices attempted ... hack the ATM machine whereby it came into light of the banking authorities that
the ATM machine was not working the same was duly verified
that from the possession of applicant two mobile, micro ATM Card and Micro ATM machine were recovered, therefore, this fact suggests that he involved ... that from the possession of applicant two mobile, micro ATM Card and Micro ATM machine were recovered. Although recovery of the machines were not made
ATM then his ATM card did not work and the person who was present along with him in the room, changed his ATM card ... possession of applicant one mobile phone, one laptop, one micro ATM machine and two swipe machines and number of documents of other persons were recovered
Indian Penal Code.
As per prosecution story, one ATM Machine of the
SBI is installed at the house of Nagendra Prasad at Ramjichak,
Digha, Patna ... shutter. They money debited from the
ATM card got credited after few minutes and the ATM Machine
was damaged by the unknown persons.
Learned counsel
with the co-accused persons and have committed embezzlement from three ATM Machines of the aforesaid company and allegedly Rs. 35,92,000/- has been ... embezzled and lesser amount has been inserted into the ATM machines. This embezzlement has been done by the accused persons namely Ashish Kumar Jaiswal, Dharmendra
