MEENU PRAKASH BHANTU Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The Order dtd. 12/10/2017 passed by the High Court for Judicature at Allahabad is under challenge before this Court. Vide the aforesaid order, the Criminal Miscellaneous Application filed by the appellant under Sec. 482 of the Code of Criminal Procedure, 1973 (for short "CrPC ") for quashing of the orders dtd. 4/7/2017 passed by the Sessions Judge, Aligarh in Criminal Revision No.306 of 2017 and the order dtd. 29/8/2017 passed by the Additional Chief Judicial Magistrate, Aligarh, was disposed of by the impugned order.

(2.) While examining the issue in detail, a brief narration of the facts of the case would be relevant: The Respondent No.2/complainant lodged FIR bearing Case Crime No.170/2014 dtd. 20/6/2014 at Police Station Gonda, District Aligah, Uttar Pradesh. It was with the allegation that ?55,20,000/- (Rupees fifty five lakhs twenty thousand only) were embezzled from his account. A perusal of the contents of the FIR shows that no one was named as an accused therein. He merely stated therein that there were certain unauthorized withdrawals from his bank account. He had never requested for issuance of a new cheque book, however, still a new cheque book was issued. It was sent by registered post to the complainant but was not delivered to him. Some unauthorized person collected the same. Though earlier the complainant was receiving SMS from the bank for all the transactions but suddenly it got stopped. He came to know about the cheating when on 19/6/2014 he got entries done in his pass book. After investigation, charge sheet was filed against Jagpal Singh, s/o Ghasiram, Clerk (Assistant) SBI Branch, Gonda district, Aligarh and Ajeet Kumar Sharma s/o Bhupendra Sharma, SBI Branch Gonda. During the course of trial, the appellant got his statement recorded. He reiterated the stand taken by him in complaint filed to the police on the basis of which FIR was registered. He stated that the cheating has been done in connivance with the employees of the bank and the Post Office. He admitted in his cross-examination that the amount of ? 55,20,000/- (Rupees fifty five lakhs twenty thousand only) which was withdrawn from his bank account has been returned to him by the bank.

(3.) On the basis of the statement made by the complainant which was in line with the complaint filed to the police, an application was filed under Sec. 319 Cr.PC by the prosecution for summoning the present appellant, Accountant S.D.Sharma and Bank Manager M.L.Verma, State Bank of India and the then Post Master of Post Office, Gonda. The same was rejected by the Additional Chief Judicial Magistrate vide order dtd. 6/5/2017 finding that sufficient material was not available to summon the accused. The order was challenged by the prosecution by filing revision. The learned Sessions Judge vide order dtd. 4/7/2017 allowed the Revision Petition and remitted the matter to the Trial Court for disposal afresh after affording opportunity of hearing to the parties. Thereafter, vide order dtd. 29/8/2017 the learned Additional Chief Judicial Magistrate, Aligarh allowed the application and directed for summoning of the present appellant, Accountant S.D. Sharma and Bank Manager M.L. Verma and the then Post Master of Gonda Post Office.