RISHIPAL SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) LEAVE granted.

(2.) THIS appeal arises out of order dated 6th November, 2012 of the High Court of Judicature at Allahabad refusing the prayer of the appellant for quashing the proceedings in Complaint Case No. 2397 of 2012 under Sections 34, 379, 411, 417, 418, 420, 457, 458 and 477 IPC pending on the file of Additional Chief Judicial Magistrate, Ghaziabad.

(3.) THE main allegation levelled against the appellant was that when a written information had already been given on 17th May, 2004 to the appellant who was the Branch Manager of the Bank not to honour the lost cheques and cancel them, he should have performed his duties with utmost responsibility and when the stolen/lost cheque was presented, he should have given the information of its presentation to the police as well as to the complainant. On the contrary, the appellant neither handed over the person who presented the cheque, to the police, nor brought to the notice of the complainant about its presentation. It is because of the involvement of the appellant in the conspiracy he has not discharged his duties as Branch Manager with responsibility and acted against the instructions in the letter dated 17th May, 2004 only to harass the complainant and his family financially and mentally. Thus the appellant played a role in the conspiracy, and therefore, the complainant lodged the complaint under the aforesaid sections of IPC against the appellant as well as other accused.