SHYAM BIHARI BAIRAGI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) BOTH the matters are related with the same crime, therefore, they are hereby decided by this common order.

(2.) THE applicant has filed a petition under section 482 of the Cr.P.C. to quash the registration of crime No.158/2011, whereby an offence under sections 409, 467, 471 and 420 read with section 34 of IPC was registered against the applicant, whereas he has filed a revision application when the trial Court has framed the charges of aforesaid offences against the applicant vide order dated 5.7.2013 in S.T.No.65/2012.

(3.) 10.2011, the in -charge Chief Executive Officer, Janpad Panchayat Manpur had lodged an FIR against Anand Singh, Secretary, Gram Panchayat Dodka and Assistant Extension Development Officer, Janpad Panchayat, Manpur that one cheque was issued by Shri P.L.Netam in the name of Sachiv and Sarpanch, Gram Panchayat Dodka for payment of Rs.2 Lacs but, thereafter, a forgery was done on the cheque and cheque was encashed in the name of Dilip Khandelwal, resident of Manpur. An enquiry was done and it was found that no construction material was purchased from Dilip Khandelwal and no payment was due to be given to him, therefore, a sum of Rs.2 Lacs was misappropriated and therefore, the accused persons have committed an offence of breach of trust. Also, they forged the cheque and used that forged cheque. After lodging of the FIR, the investigation officer found that the applicant was also involved in the crime and therefore, a charge -sheet was filed against all the accused persons including the applicant, who was the branch manager in Satpuda Kshetriya Gramin Bank, Manpur. 4. I have heard the learned counsel for the parties.