AJAY K DESAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In Revision Application no.216 of 2007,the petitioner-Ajay K. Desai- original accused no.3 has challenged the judgment and order dated 16-3-2007 passed below Exh.5 in Criminal Case no.1028/1996 whereby the learned Metropolitan Magistrate rejected the discharge application preferred by him whereas in Revision Application no.217 of 2007, the petitioner-Ajay K.Desai-original accused no.3 has challenged the judgment and order dated 16-3-2007 passed below Exh.5 in Criminal Case no.1027/1996 whereby the learned Magistrate rejected the discharge application preferred by him.

(2.) In both these applications, it is the case of the prosecution that one Chandrakant Shukla, the Officer of the State Bank of India, lodged two different complaints against the present applicant-original accused no.3 and other accused for the offences under Secs. 380, 420, 467, 468, 471, 120-B and 114 of the Indian Penal Code before the learned Metropolitan Magistrate, Court no.11, Ahmedabad. The allegation in the said complaints are to the effect that the accused no.1 was the Cashier in the Vansada Branch of the said bank in Valsad District in the year 1981-82 and during that period one book containing 50 drafts were stolen and the accused no.1 with the help of accused no.2 who was working with the Navrangpura Post Office have forged two drafts and have deposited one draft in Naranpura Post Office and another draft in Navragpura Post Office and have purchased Indira Vikas Patra. The allegation against the present petitioner-accused no.3 is to the effect that he has introduced himself as Mr. Kantilal K.Patel before the said two Post Offices and have encashed two forged drafts by way of purchasing Indira Vikas Patra and thereafter selling them and in that caused loss to the bank to the tune of Rs.5,54,100/-. It is also alleged in the charge-sheet that the present petitioner has destroyed the remaining blank drafts and rubber stamp. The learned Magistrate by his order dated 20-5-2002 forwarded the said complaint to the Police Inspector, Crime Branch under Section 156(3) of the Criminal Procedure Code for investigation which was registered as C.R.no.107/1992 and C.R.no.108/1992. On completion of the investigation, the Investigating Officer filed charge-sheet and the cases were numbered as Criminal Case no.1027/1996 and 1028/1996. The present applicant-original accused no.3, therefore, preferred applications for discharge under Section 239 of the Criminal Procedure Code contending that no prima facie case is made out against him, and hence, he should be discharged from the charges levelled against him. In the meantime, the bank moved applications Exh.5 in both the cases, namely, Criminal Case nos.1027/1996 and 1028/1996.under Section 173(8) of the Criminal Procedure Code for further investigation. The learned Metropolitan Magistrate, Court no.11, Ahmedabad ,after hearing the parties and considering the materials placed before him by his orders dated 16-3-2007 passed in Criminal Cases no.1027/1996 as also in Criminal Case no.1028/1996 rejected both the applications for discharge made by the present petitioner-original accused no.3 which is the subject matter of challenge in the present Criminal Revision Applications.

(3.) Heard learned Counsel Mr.Y.S.Lakhani for Mr. Rajesh K.Desai for the petitioner and learned A.P.P. Archana Raval,' for the respondent-State.