Prosecution story as per the first information report is that the complainant was the Chairman of Nagar Panchayat, Phoolpur in the year 2010-11 and at that time the applicant was Executive Officer, Nagar Panchyat, Phoolpur. It is further averred that applicant was very close to the Branch Manager of State Bank of India, Phoolpur Branch, Azamgarh i.e. coaccused Santosh Kumar. It is further averred that accused persons hatched conspiracy with each other and with knowledge of the complainant, Cheque Book No.30351-303250 has been received by the applicant on 10.6.2007 and applicant kept the same with him for utilizing an amount of Rs.55,55,566/- of Adarsh Nagar Yojana Account No.30895064303 for the year 2010-11 which is to be conducted by the joint signature of complainant and the applicant. The applicant got transferred the amount in his Small and Medium Enterprise Account No.30924067236 through cheque voucher and again on 25.6.2010 he got transferred an amount of Rs.4,85,650/- in his account through cheque voucher no.303152 by making forged signature of the complainant. The complainant got knowledge of the aforesaid embezzlement of public money after enquiry and audit of the accounts and then talked to the Branch Manager of the State Bank of India, Phoolpur Branch. On 10.12.2012 and 26.12.2012 when complainant requested to give information on three points from State Bank of India, Phoolpur Branch then he was informed by the Branch Manager on 2.1.2013 that the money in question has been transferred in the account of the applicant keeping all records and transferring money in applicant's account by making forged signature of the complainant is embezzlement of Government fund.
