KABIRPANTHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) PETITIONERS are officers of the State Bank of India and, as accused persons in criminal case No.15/91, they have approached this court under the provisions of section 482 of the Criminal Procedure Code, 1973 (for short, "the Code") for quashing the proceedings of the said criminal case.

(2.) IT was vehemently argued by learned counsel, Mr P.G. Desai that the ingredients of the offences punishable under sections 420 and 114 of Indian Penal Code, 1860 were not made out in the complaint, that a dispute of civil nature was agitated and that the proceedings in the criminal court were an abuse of the process of court. It was fairly conceded that the trial court had taken cognizance of the offences after recording statement of the complainant and the application for discharging the petitioners was dismissed on 12.2.1996 by a reasoned order of learned Chief Judicial Magistrate, Bhuj, Kachchh.

(3.) LEARNED counsel , Mr B.Y. Mankad, appearing for learned advocate Mr Y.S. Mankad, who was appearing for respondent no.2, the original complainant submitted that he was not getting any instructions and the report received by learned advocate, Mr Desai that the original complainant had passed away, appeared to be correct. He however, assisted the court by submitting that, under the provisions of section 256 of the Code, the complaint could be proceeded if some heirs or interested persons would come forward to prosecute and proceed further. In absence of such move, the complaint may be dismissed by the trial court.