K S VISHWANATHAN Vs. A D DAHOTRE

JUDGEMENT

(1.) The petition challenges the order passed by the jmfc, Pune dated 29-4-1992 rejecting the application filed by the petitioner for discharge. The petitioner was working as an Assistant General Manager in the state Bank of India when respondent No. 1 i. e. the complainant and respondent no. 2, the accused No. 1 approached him for a loan. Accused No. 1 was an employee with the State Bank of India and at that point of time was married to the complainant. The loan obtained was repaid to the bank by accused No. 1. While securing the loan, the complainant and accused No. 1 had deposited as security two National Savings Certificates of Rs. 5000/- each. These certificates were in the joint names of the complainant and accused No. 1. When the loan was obtained, both the complainant and the accused No. 1 had agreed that all securities which were deposited with the bank for obtaining the loan which were in their joint names would be at the absolute disposal of either the complainant or the accused or the survivor. Accused No. 1 being an employee of the State Bank of India, repaid the loan and the National Savings Certificates were returned to her. It appears that matrimonial disputes arose between the complainant and accused No. 1 which resulted in divorce in 1995. The complainant thereafter filed the present complaint. The main allegation in the complaint against the petitioner accused No. 2 is that he had conspired with accused No. 1 and aided in the commission of offences punishable under sections 403, 406 and 420 of the Indian penal Code by misappropriating the amounts of the National Savings Certificates and defrauding the complainant.

(2.) Process was issued by the trial Court. Thereafter, accused Nos. 1 and 2, i. e. the petitioners herein, filed separate applications for discharge before the learned Magistrate. The petitioner accused No. 2 contended that he had acted as a manager of the Bank and on the basis of the consent of both the complainant and the accused No. 2 had returned the National Savings Certificates to Accused No. 2. The trial Court has dismissed both the applications for discharge by a common order. The trial Court has noted the say of the petitioner that on maturity of the national Savings Certificates, an amount of Rs. 19010/- was received by the state Bank of India was credited to the account of accused No. 1, since she was the holder of the National Savings Certificates. The trial Court has observed that the loan was repaid in 1992. The Certificates were forfeited for not repaying the loan of Rs. 20,000/-, with which the complainant had no concern and, therefore, the process issued against the petitioner disclosed the offence, prima facie.

(3.) The impugned order is therefore quashed and set aside under section 482 of the Criminal Procedure Code insofar as it relates to the petitioner. Rule made absolute accordingly. No order as to costs. Order accordingly.