J C MESHRAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By this petition under Section 482 of the Code of Criminal Procedure, 1973 (for short 'the Code'), quashment of the order framing charge dated 2-4-2002 and criminal proceeding pending against the petitioner in Criminal Case No.139/96 pending before the Court of Additional Chief Judicial Magistrate, Durg is prayed.

(2.) Quashment is prayed on the ground that the material collected on behalf of the prosecution is not prima facie sufficient for taking cognizance or framing of charge and even if the allegation made in the charge sheet is admitted in its face value, then the same will not be sufficient for conviction of the petitioner, therefore, continuance of criminal proceeding and framing of charge against the petitioner would only amount to abuse of the process of the Court.

(3.) Brief facts necessary for the disposal of this petition are that the petitioner was posted as Chief Executive Officer in the District Antya Vyavasay Cooperative Society, Durg (for short 'the Society') and in discharge of his official duty, the petitioner along with the Collector, Durg has issued a cheque amounting Rs.60,000/- in favour of the Gramin Bank, Chandrakhuri on 24-2-95 for subsidy to ten beneficiaries, the cheque was account payee, and on the basis of the said cheque one savings bank account bearing No.3299 was opened in the name of the petitioner and Rs.60,000/- was deposited in that account. Subsequently other amounts of subsidy have been deposited in the said account from time to time by the other co-accused persons. The accused persons by committing forgery and cheating subsequently, withdrawn the amount deposited in the said account. After investigation, charge sheet was filed before the Additional Chief Judicial Magistrate, Durg and after hearing the parties, the Magistrate has framed charge against the petitioner for the offence punishable under Sections 420, 467, 468, 471, 409 and!20-B read with Section 34 of the I.P.C. The order framing charge was impugned before the revisional Court in Criminal Revision No. 198/2002 but the same was dismissed vide order dated 10-12-2002 by the 7th Additional Sessions Judge (Fast Track Court), Durg.