PARMAR BRIJESHKUMAR GOVINDBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition under Sec. 482 of the Cr.P.C., a prayer is made to the effect that the impugned complaint being C.R. No.I-50 of 2015 lodged before the Unjha Police Station dtd. 17/4/2015 be quashed and set aside.

(2.) The brief background of the case as stated by the petitioner, who is the original accused No.2, is that the present petitioner was serving as a principal with the Tundav Pay Center School at village Tundav till September, 2014, and during the said period, as alleged by the complainant in the complaint lodged before the Unjha Police Station that the petitioner has misused the cheque and withdrawn an amount of Rs.49,700.00 from the State Bank of India, Unjha Branch in the month of April, 2014. The detailed assertion and allegations are levelled in the FIR which is annexed at Annexure-A. It has been alleged in the complaint that initially the petitioner was serving as a principal with the Tundav Pay Center School, however, then he resigned from his services on 23/9/2014. Thereafter, after the petitioner resigned from his services, the present respondent No.2-original complainant accepted the charge of the post of principal on 20/10/2014 and started performing her duties as a principal. It is submitted that two cheque books were handed over to her till the use of Cheque No.471285, however, the allegation of misusing Cheque No.471329 by the petitioner is not believable as after using more than 40 cheques, the present complaint has been filed by the complainant. Further, the charge of the principal was handed over to the complainant in the presence of the Taluka Education Officer, ans as such, the present petitioner has been falsely implicated in the present offence and, hence, for seeking quashment of the complaint, the present petition is brought before this Court under Sec. 482 of the Cr.P.C. by raising multiple contentions.

(3.) On 22/6/2015, notice came to be issued by the previous Bench and an interim protection was granted to the petitioner. Thereafter, after the matter being adjourned from time to time and the pleadings having been completed, it has come up for consideration before this Court, and with the consent of the learned counsel appearing for the parties, the matter is taken up for final disposal.