KAMESHWAR NATH PATHAK Vs. STATE OF U P

JUDGEMENT

(1.) BY means of this petition, moved under Section 482 of Code of Criminal Procedure, 1973 (for short Cr.P.C.), the petitioner has sought quashing of the charge -sheet dated 06.04.1998, filed against the petitioner in respect of crime no. 67 of 1996, relating to offences punishable under sections 409, 420, 468 and 471 of Indian Penal Code, 1860 (for short I.P.C.).

(2.) HEARD learned counsel for the parties and perused the papers on record.

(3.) BRIEF facts of the case are that respondent No. 3/complainant lodged First Information Report on 06.08.1996, against the petitioner, stating that in the year 1993 -94, the petitioner had withdrew certain amounts from account No. 295, and deposited the same within a day or two. It is also alleged that a cheque No. 1283783, dated 09.08.1993, was deposited in respect of 11 dollars in account No. 10254 but the same was not accounted for. A crime No. 67 of 1996, was registered against the petitioner, who was Manager of P.N.B. Jhanda Chowk, Kotdwar. After investigation, no offence is said to have been made out in respect of cheque of 11 dollars but in respect of three withdrawal of account No. 295, it was found that in the year 1993, thrice withdrawal were made, but the amount was deposited within a couple of days of the withdrawal and impugned charge -sheet was accordingly filed.