ROSHAN LAL BURMAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard.

(2.) The present petition has been filed for quashment of the criminal case No.163/2016 pending before the JMFC, Kota under Sections 467, 468, 471, 380, 384/34 IPC.

(3.) As per the case of the complainant/respondent No.2, he obtained a loan in the year 2015 from the Bank and by way of security for re-payment of the loan certain blank signed cheques were given. The petitioner No.1 Roshal Lal Burman, who was working as peon in the Bank has stolen the cheques and used and thereafter a complaint under Section 138 of the Negotiable Instruments Act, 1881 was filed. As against this the complainant having came to know the fact that the cheques have been misused the complaint was filed under different sections, which is pending. During the pendency of the criminal case, a complaint under Section 320 (2) Cr.P.C. was filed for compounding of the offence. On such application, the JMFC has compounded the offence under Sections 420 IPC and Section 4 of the Chhattisgarh Protection of Debtors Act, 1937, whereas in respect of the offence under Sections 380, 467, 468, 471, 384 read with Section 34 IPC compounding was refused.