9911796707
TMI Blog2024 (10) TMI 153X X X X Extracts X X X X X X X X Extracts X X X X ..... earned counsel for the appellant gave brief facts of the case which are as under:- Brief facts of the case :- 3. The deceased appellant Maan Singh joined the District Cooperative Bank on 08.07.1972 as Peon and later on promoted as Cashier on Ad-hoc basis and continued till the year 2002. He was demoted to the post of peon from where he retired in February 2013 from the same post. 4. An FIR number 187/2011 was registered on 16.06.2011 for the offence under section 409, 419, 420, 467, 468, 469 and 471 of IPC with Police Station, Kotwali, Fatehpur, Uttar Pradesh. The FIR was containing allegation of embezzlement of funds of District Cooperative Bank in Khaga Branch of District Fatehpur, U.P. A charge sheet in pursuance to the FIR was filed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bout furnishing statement in the account of M/s Anil Traders and its transactions, rather no evidence to support the source of income was given. The deceased in his statement on 20.02.2020 stated about his earning to the tune of Rs. 65 lakhs from the business and used for the construction of Anil Marriage Hall in Fatehpur. The part land was purchased in the name of his wife on 01.08.2005. The part of the land was in the name of his wife and the remaining in the name of the deceased. The respondents accordingly attached Anil Marriage Hall vide the order dated 23.03.2021. It is without following due process of law and therefore the appeal has been filed to challenge the order. It is mainly on the facts alleging that despite no material agains ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re on the aforesaid ground also, the impugned order deserves to be set aside. 10. The counsel for the appellant did not raise any other argument than referred to above despite an opportunity given by the Tribunal to raise even the legal issue, if any. The learned counsel for the appellant chose to restrict his argument in reference to the facts given above and accordingly the learned counsel for the respondent was called upon to argue the appeal. Argument of Side Opposite (Respondent) 11. The learned counsel for the respondent contested the appeal after referring to the facts because no legal issue was raised by the appellant during the course of the argument. The elaborate argument was made by the counsel for the respondent and would be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s given to disclose the source of income but despite an opportunity for it, no document was submitted. The bank statement has been filed along with the appeal. We find cash deposits therein. The source of it has not been disclosed. 15. The amount of Rs. 41,49,807/- was deposited in the bank account in cash. No justification for deposit of the amount in cash could be given by the appellant and that too when it was not a small amount but was more than Rs. 41 lakhs. No transaction of M/s Amit Traders could be proved. The fact aforesaid is relevant even if we ignore the statement of the appellant for admission for embezzlement of Rs. 65 lakh though the statement is admissible in the eye of law and has rightly been relied by the Authority while ..... X X X X Extracts X X X X X X X X Extracts X X X X
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