AJAYBHAI MAHENDRAKUMAR GANDHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this application, under section 482 of the Cr.P.C. 1973, the applicant - original accused seeks to invoke the inherent powers of this Court praying for quashing of the proceedings of the Criminal Case No. 4412 of 2011 pending in the Court of the learned Addl. Chief Metropolitan Magistrate, Court No.5, Ghee Kanta, Ahmedabad City arising from a first information report dated 28/10/2010 lodged by the respondent no.2 herein at the Karanj Police Station, Ahmedabad City registered as CR No.I-178/2010 for the offence punishable under sections 406 and 420 of the I.P.C.

(2.) The first information report lodged by the respondent no. 2 reads as under:

(3.) Thus, from the plain reading of the first information report, it appears that, at the relevant point of time, the applicant herein was serving as the Branch Manager of the Bank. One Ranaji Prabhuji Chauhan (co-accused) used to frequently visit the Bank in connection with the bank transactions. Ranaji also had a bank account in the said branch. The applicant herein, as the branch Manager, knew Ranaji very well. The other Bank employees also knew Ranaji very well as he used to frequently visit the branch. Ranaji one day came with one Navanitbhai Patel and his wife Indiraben at the branch of the Bank. Navnitbhai Patel and his wife jointly took a fixed deposit of Rs.10 Lakh and later one another fixed deposit of Rs.8 Lakh. It appears that in 2009, Ranaji, somehow, managed fraudulently in collusion with the applicant and others to get an overdraft facility in his favour on the strength of the fixed deposit receipt of Navnitbhai and his wife. Over a period of time Ranaji availed of benefit of Rs 7 Lakh by way of overdraft. Navanitbhai and his wife came to know about the same and therefore they came to the Bank and inquired as to on what basis the Bank had sanctioned the overdraft facility in favour of Ranaji on the basis of the fixed deposit of Rs. 10 Lakh running in the joint name of Navnitbhai and his wife Indiraben. With this, the fraud surfaced. The first information report came to be registered and investigation was carried out by the Police .