BASAVARAJ Vs. SHANKAR S/O MALKAPPA NIDAGUNDI

JUDGEMENT

(1.) This petition is filed under section 482 of Cr.P.C., praying this Court to quash the order dated 24.12.2014, passed by the Prl. Civil Judge and II Addl. JMFC, Ranebennur, in P.C.No.176/2013, which is numbered as C.C.No.1430/2014, in taking cognizance and issuing summons against the petitioners herein for the offence punishable under section 418 and 420 read with section 34 of IPC and to dismiss the complaint.

(2.) Though this petition is filed by the petitioners No.1 and 2, petitioner No.1 passed away during the pendency of this petition and hence the petition on behalf of petitioner No.1 is abated and consideration is only in respect of petitioner No.2.

(3.) The factual matrix of the case is that, the complainant who is respondent No.1 in this petition has filed a private complaint in P.C.No.176/2013 contending that he was a worker in Sri Basaveshwar Urban Co-operative Bank Limited, Ranebennur on contract basis. After having considered his work, he was appointed as Junior Assistant in the bank on 31.3.1994. His daily duty as Junior Assistant in the bank was to look after the counter work and as such he worked for some time. After having rendered his service as Junior Assistant, he was promoted on 28.8.1998 as Senior Assistant. While he was rendering his service as Senior Assistant, he was rather illegally suspended without having any reasons and without giving him any opportunity of hearing before passing the order of suspension. In spite of having such illegal suspension, he honestly tolerated as an employee of the bank and the respondents who have been arraigned as accused in the complaint have all joined together in order to remove him from service and allegation was made against him that he is attending the work with the influence of alcohol. Later, the order of suspension was revoked and when he has given the reply, the respondents/accused in the complaint have decided to see that he should be dismissed from service and that on 10.9.2012 in the morning when there was a board meeting, all the accused fraudulently, dishonestly, with an intention to deceive him, induced him and so deceived to agree to give it in writing stating that, on 23.8.2012 the complainant did come to the bank in a drunken manner and he further remained absent from 24.8.2012 unauthorizedly and further on account of BP and his mental disturbance, he acted in such a manner and should be pardoned for having committed illegal actions of offences and take him again into service. Believing the words of the accused persons, he gave it in writing in the above terms and all of them have pressurized to give such a letter and hence the accused persons did commit criminal offence punishable under sections 418 and 420 of IPC and hence action has to be taken.