SANJAY KUM AR Vs. VASUDEV

JUDGEMENT

(1.) This petition has been filed under Sec. (hereinafter as u/S) 482 of the Code Of Criminal Procedure, 1973 (hereinafter as Cr.P.C) being aggrieved by the order dtd. 1/7/2022 in unregistered complaint case No.45/2021 passed by Judicial Magistrate First Class, Dr. Ambedkar Nagar, Distt. Indore (M.P.), whereby the learned trial Court has rejected the application u/S 91 and 202 of Cr.P.C, filed by the petitioner/complainant.

(2.) According to the case, the petitioner/complainant has filed a private complaint u/S 200 of Cr.P.C against the respondents/accused persons for the offence punishable u/S 420, 467, 468, 471, 408, 409 and 120-B of the Indian Penal Code, 1860 (hereinafter as IPC) contending that the petitioner being the chairman of Infantry School Vetan Bhogi Sahkari Sankh Sanstha (hereinafter as Institution) took a loan of Rs.4,00,000.00 on 7/7/2015 and had issued a signed and blank cheque (cheque No.119270) in favour of the institution as a loan security. The respondent No.1 and respondent No.2 are chairman and accountant of institution respectively. The respondents, without the consent of the petitioner/complainant misused their power, committed forgery of the aforesaid cheque and illegally withdrew Rs.34,650.00 from the bank account of the petitioner and deposited in the account of the institution. Thereafter, on 7/7/2016, the respondents deposited Rs.12,900.00 in loan account of the petitioner and remaining amount Rs.7,850.00, Rs.7,750.00 and Rs.7,650.00 was illegally deposited in the account of Suresh, Ashok kumar and Sachin Sharma. Thereby, the respondents have misused the aforesaid cheque and have illegally received the aforesaid amount.

(3.) The petitioner filed an application (Annexure P-9) u/S 91 and 202 of Cr.P.C to produce aforementioned cheque and concerning bank statement from manager/authorized officers of Indore Premium Cooperative bank, Branch Mhow, Ambedkar Nagar and to examine handwriting of the cheque from the handwriting expert.