D P DHAWAD Vs. S C JAIN

JUDGEMENT

(1.) Being aggrieved by the order dated 8/4/2003 passed by Chief Judicial Magistrate, Dhamtari I Criminal Case No. 396/2003 (S.C. Jam vs. Antony Samy and others ) whereby cognizance of offence under Section 420 read with Section 34 of the I.P.C. has been taken against all the petitioners and issuance of notice to them have been ordered, this petition for quashing the said order and proceeding pending before Chief Judicial Magistrate in that criminal case has been filed.

(2.) Complainant/respondent No. 1 S.C. Jam was a partner is Siddarth Rice Mill, a registered partnership concern and the said Rice Mill was a customer of Bank of Baroda, Branch Dhamtari. Bank of Baroda has sanctioned a term loan of Rs. 25 lacs to the Firm Siddharth Rice Mill also sanctioned a cash credit limit of Rs. 4 Lakhs in the year 1992. The Firm Siddharth Rice Mill several times approached Bank of Baroda to enhance the limit of Rs. 4 lacs to Rs. 12 laces. At the relevant time, Petitioner No. 3, Antony Samy was posted as Branch Manager of Bank of Baroda at Branch Dhamtari, Petitioner No. 2 , T.C. Tekam was posted as field Officer of that branch and petitioner No. 1, D.P. Dhawad was posted at Regional Office of the Bank at Raipur. All the petitioners, on 29.3.1996, came to Siddharth Rice Mill and told the complainant that they had increased the cash credit limit by Rs. 8.00 lacs which has now become Rs. 12.00 lacs and as a security, requested for a cheque of Rs. 10 lacs and assured Respondent No. 1 and all other partners of the firm that that the cheque will only be retained by them as a security for the loan and shall not be used or misused in any manner. On their assurance , a cheque of Rs. 10 lacs was issued under the signature of B.C. Jam, a partner of Siddharth Rice Mill on behalf of the firm and was handed over to Antony Samy, petitioner No. 1, who in support of their assurance gave a letter in writing, but petitioners obtained the said cheque along with Term Loan Deposit slip and on the same day i.e., 29-3-1996 deposited the said cheque in the term loan account of Siddharth Rice Mill. As a result of that , the cash credit limit of that partnership firm reduced from Rs. 12 lacs to Rs. 2 lacs, and owing to that Siddharth Rice Mill suffered damages and the working of Mill also disturbed. The petitioners always kept on assuring the respondent No. 1 that they would correct the account by adjustment, but instead of doing so have now called upon the firm to liquidate the entire balance in cash credit loan.

(3.) On these allegations, a com-plaint against petitioners has been filed in the Court of Chief Judicial Magistrate, who after recording the statement of respondent No. 1 under Section 200 of the Cr.P.C. ordered for enquiry by Superintendent of Police Dhamtari, Superintendent of Police, Dhamtari got the matter enquired and submitted his report to the Court. Chief Judicial Magis-trate. after taking into consideration the statement of complainant and the enquiry report held that petitioners, while posted at Bank of Baroda, Dhamtari Branch, fraudulently obtained cheque from Respondent No. 1 and his partner-ship firm and after fraudulently obtaining a cheque of Rs. 10.00 lacs loss was caused to the respondent No. 1 and in this way there is prima facie material on record for taking cognizance of an offence under section 420/34 of the I.P.C. against the petitioners, and therefore, vide order dated 8.4.2003, a case against petitioner has been registered and issuance of notice has been ordered.