Gopal Ram vs State Of Jharkhand And Another

Sanjay Kumar Dwivedi, J

Notice upon the O.P.No.2 has been effected and till date, the O.P.No.2 has not appeared. On 18.4.2022, the matter was adjourned for further providing opportunity to the O.P.No.2 and it was further adjourned on 28.3.2023, 18.4.2023 and 12.6.2023 and inspite of that, nobody has appeared on behalf of the O.P.no.2. In view of above, the matter is being heard in absence of the O.P.No.2 and further nobody has appeared on behalf of the respondent State.

This petition has been filed for quashing of the order taking cognizance dated 02.08.2012, passed by learned Civil Judge, (Senior) – cum- Chief Judicial Magistrate, Garhwa as well as the entire criminal proceeding in connection with Complaint Case C. No./677 of 2011 registered under section 406, 467, 471, 468, 420, 120B of the I.P.C, pending before the learned Civil Judge (Senior)-cum- Chief Judicial Magistrate, Garhwa.

The complaint case has been filed alleging therein that the complainant is having saving account with the S.B.I., A.D.B., Branch, Garhwa and its account no. is 11466865645 and when he was outside the house for necessary work he use to leave his blank cheque in house and on 9.2.2011 he came to know that Rs.5,00,000/-has been withdrawn from his said S.B. account. It is alleged that he is not having over draft facility and amount is shown widhdrew by cheque no.950191. It is also alleged that said cheque has been deposited to Union Bank, Garhwa Branch by the accused no.4 and it is alleged that accused no.1 the petitioner and 3 being conspired with the accused no.4 has cleared the cheque of Rs.5,00,000/- even there was no sufficient money in the account of the complainant and further operation of account has been stopped.

Mr. Amit Kumar Tiwary, the learned counsel for the petitioner submits that the petitioner was posted as Branch Manager of S.B.I., A.D.B., Branch, Garhwa and retired on 31.01.2011. He submits that the allegations are made in the complaint that a cheque dated 9.2.2011 was presented in the bank which was encashed and the allegations are made that the petitioner and others were connived in clearing the cheque from the bank. He submits that the petitioner has retired on 31.1.2011 and the charge from him has been taken by one Shri Ravish Sahay and the same was informed by the petitioner by letter dated 19.01.2011 to the Regional Manager, SBI. He submits that the said document has been brought by way of filing supplementary affidavit at Annexure-8.

In view of the above submission of the learned counsel for the parties, the Court has gone through the contents of the complaint petition and finds that admittedly the allegations are made that the cheque dated 9.2.2011 was encashed which was of the complainant. Looking to the Annexure-8 which is a document addressed to the Regional Manager, it appears that the petitioner has retired on 31.01.2011 and it is admitted case of the complainant that the cheque was dated 09.02.2011 and the allegations is there of clearance of the cheque and the petitioner was not in the Branch. It appears that the petitioner has frivolously been implicated in the case.

Accordingly, order taking cognizance dated 02.08.2012 as well as the entire criminal proceeding in connection with Complaint Case C. No./677 of 2011, pending before the learned Civil Judge(Senior)-cum-Chief Judicial Magistrate, Garhwa so far petitioner is concerned is quashed.

This petition is allowed in the above terms and disposed of.

It is made clear that the Court has not interfered with the matter with regard to the others co-accused persons who are not the petitioners in the present case and the case against them shall proceed in accordance with law.