O N KHAJURIA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an application under Section 482 read with Sections 401 and 397 of the Code of Criminal Procedure for quashing and setting aside proceedings in Criminal Case No. 136/S of 1979, filed in the Court of the learned Metropolitan Magistrate, 28th Court, Esplanade, Bombay.

(2.) Petitioner herein is the Regional Manager of Jammu & Kashmir Bank Limited, having its registered office at Residency Road, Shrinagar and its central office at Karan Nagar, Shrinagar. The said bank has its branch office at Fort Chambers, Ambalal Doshi Marg, fort Bombay-400 023. On June 17, 1979, the petitioner, in his capacity as the Regional Manager of the above bank, lodged a first information by written complaint addressed to the Additional Commissioner of Police, Crime Branch, Bombay, on the basis of which complaint, the General Branch, C.B. C.I.D., Bombay, registered, vide Crime Register No. 64 of 1979 inter alia, against respondent No. 2 herein, offences under Section 120-B read with Sections 406, 409 and 477-A read with Section 34 of the Penal Code. The said information lodged with the police was with regard to an amount of Rupees ten lacs and odd on the basis of the following particulars :

(3.) On the basis of the aforesaid facts and particulars, it was complained that the Jammu and Kashmir Bank Limited was intentionally and wilfully defrauded right from May 1978 when the account of M/s. Manju Enterprises was opened with the Bombay branch. In the said complaint, respondent No. 2 herein was, as already indicated, accused No. 1. Accused No. 2 was one S. S. Khosala of M/s. Manju Enterprises. He was the husband of Mrs. Roopa alias Roopmala, proprietor of M/s. Siddhi Enterprises. This Roopmala was also alleged to be a regular visitor to the Bombay branch officer of the aforesaid band and having close intimacy with K. K. Dhar, accused No. 1 - respondent No. 2 herein. In the said complaint, two more persons were also mentioned viz., Raj Kumar (accused No. 4) who was alleged to be an unknown fictitious person posing to be a Proprietor of M/s. Raj Enterprises, and S. R. Sheth (accused No. 5) the proprietor of M//s. Ambika Traders, Tardeo, Bombay. On the basis of the aforesaid complaint, the Bombay Police investigated the entire conspiracy and thereafter in January 1980 filed against the aforesaid five persons including respondent No. 2 herein as accused No. 1, a charge-sheet in the Court of the learned Metropolitan Magistrate, 27th Court, Esplanade, Bombay, the said case being numbered as Criminal Case No. 620/P of 1980.