MAHESH MARTOLIA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By means of present Application under Sec. 482 Crimial P.C., the applicant seeks to quash the charge sheet dated 12.11.2016 as well as the entire proceedings of Criminal Case No. 1605 of 2016, State Vs. Sudarshan Kumar and others, under Sections 420 and 120-B of IPC, pending in the Court of Chief Judicial Magistrate, Champawat.

(2.) The allegation against the named accused persons is that they got the signatures of the complainant obtained on plaint stamp paper on the pretext of opening Bank Account in the name of her husband, defrauded the complainant by taking loan in her name and galloped that money. On a bare reading of first information report, foundation of criminal offence is laid.

(3.) It is submission of learned counsel for the applicant that he was not posted as Manager in Punjab National Bank, Tanakpur on a particular date. According to the allegations, the loan was shown to be obtained in the year 2012. When a query was made by the Court from the learned counsel for the applicant, as to whether, the applicant was not posted in PNB, Tanakpur Branch, in the year 2012, the learned counsel for the applicant did not deny that the applicant was not posted in the said Bank. In other words, his posting in the Bank in the year 2012 is not disputed.