VIBHA PATEL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) HEARD finally at the motion stage with the consent of counsel for parties.

(2.) THIS petition has been filed under Section 397 read with Section 401 of Cr.P.C. to quash the Order dated 29.5.12 passed by Judl. Magistrate 1st Class, Itarsi in Criminal Case No.578/11 by which an amount of Rs.6,00,000/- deposited in the name of respondent no.2 was ordered not to be given to any of the parties. In short, the allegation in the revision is that respondent no.2 being servant stole three cheques, out of which one cheque of Rs.6,00,000/- was deposited at Allahabad Bankjtarsi in Saving Accounts No. 50054409575 by him in his name. On the report of husband of petitioner, police registered a case under Section 381 of IPC against respondent no.2 and Criminal Case No. 578/11 is going on before JMFC, Itarsi. Payment was withheld by the Bank. This petition has been filed to direct release of Rs.6,00,000/- in favour of petitioner on supurdnama.

(3.) I have heard learned counsel for both the parties. Against the allegation of petitioner, the defence of respondent is that the cheques were given to him as he is one of the partner of husband of petitioner who lodged the report, and as other cheques were dishonoured, so he has filed a criminal complaint under Section 138 of Negotiable Instrument Act against the petitioner. Some cases are stayed by the Apex Court.