LAJPAT RAY CHNADAULIYA Vs. STATE OF UP

JUDGEMENT

(1.) HEARD learned counsel for the applicant, learned AGA appearing for the respondent No. 1 and also perused the record. None responded for the respondent No. 2. Counter and rejoinder affidavits have been exchanged.

(2.) LEARNED counsel for the applicant submitted that the applicant was posted as Branch Manager in the Punjab National Bank, Branch Dattiyana, Police Station Simbhawli, District Ghaziabad on the relevant date. In that branch one Ghanshyam son of Randhir Singh had a Saving Bank account No. 1695, who died on 8.8.1999 leaving behind two daughters, namely Omwati and Mayawati. Respondent No. 2 is the son of the said Mayawati, who has also died. It is alleged that after the death of Ghanshyam Singh, the mother of the respondent No. 2 had given a written application in the bank on 22.8.1999 that the money outstanding in the account of deceased Ghanshyam Singh be not paid to any person without her consent. It is also alleged that the applicant, despite that application, paid the entire amount to Smt. Omwati, the other daughter of Ghanshyam Singh, without the consent of Mayawati. In this way the revisionist committed the offences under Sections 420,406 and 120-B IPC.

(3.) THERE does not appear to be any dishonest intention on the part of the applicant, as the element of wrongful gain is lacking in favour of the applicant in this case. The applicant seems to have acted in a bona fide manner in discharge of official duties, therefore, the prosecution launched against him cannot be proceeded with. Continuance of the criminal proceeding against the applicant is nothing except an abuse of the process of the Court. The application is allowed. Consequently, the proceeding of Criminal Case No. 74 of 2004 (State v. Lajpat Chandauliya) pending in the Court of Civil Judge (Junior Division), Gadhmutteshvar, District Ghaziabad are quashed.