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Judgment
Heard the parties.
This petition has been filed u/s 378 (4) of the Cr.P.C. for grant of leave to file appeal against the judgment of acquittal, dated 22.01.2010, passed by the learned Judicial Magistrate, Dhanbad in Complaint Case No. 1902 of 2005/T.R. No. 144 of 2010.
It is submitted by Mr. M. B. Lal, Learned Counsel appearing for the petitioner that the petitioner was an illiterate person and therefore, he trusted the accused persons who withdrew the VRS amount of the petitioner from the Bank.
The learned trial court after considering the respective cases and the materials brought on the record by the parties, has rightly recorded the finding of acquittal against the accused persons-Opposite Party Nos. 2 and 3, Dewan Mahto and Kalicharan Mahto. It appears that all the transactions between 06.09.2005 to 19.10.2005 were made through ATM Card. The learned trial court held that except the complainant, all the witnesses are hearsay witnesses and that the complainant never made any complaint before the Bank-authorities regarding the said transactions by the accused persons and has disbelieved the story of the complainant. It further appears that the petitioner, in his complaint, alleged that the cheque of VRS amount was deposited with the Bank and the Passbook was kept by the accused persons alongwith some signed Bank slips through which, the money was withdrawn. But it appears that the amount was withdrawn through ATM Card. There is no allegation that the complainant handed over the ATM Card to the accused persons or the accused persons took away the ATM Card, and they were knowing the Password.
In the circumstances, in our opinion, no ground has been made out for grant of leave to file appeal against acquittal. Accordingly, this Cr. Misc. Petition is dismissed.