DHEERAJ KANSANA Vs. STATE OF M.P.

JUDGEMENT

(1.) With the consent of the parties, the petition is finally disposed of at the motion stage.

(2.) According to the petitioner, respondent No. 2 Jagannath Singh filed a report which was not entertained by the concerned Police Station. Petitioner is the Secretary in Gram Panchayat, Piparai, Janpad Panchayat, Morena. According to respondent No. 2, the petitioner fabricated the signatures of respondent No. 2 and withdrawn different amounts from the bank on different dates. On the basis of the complaint, the City Superintendent of Police wrote a letter to chief Executive Officer, Zila Panchayat, Morena, on 1.7.2014 (Annexure P/3) to make available the enquiry reports of the office as to the alleged withdrawal by forged cheques. In the enquiry jointly done by the Accounts Officer, District Panchayat, Morena, and the Manager, the Central Bank of India, reported that after due verification and after the signatures, were tallied with the signatures in the bank records, the amounts were disbursed. Therefore, the allegation that such forged cheques were encashed is not true and the complaint is liable to be filed. This report was sent to the Chief Executive Officer, Zila Panchayat, Morena, on 14.7.2014 (Annexure P/4). It is also averred that the Central Bank of India, the lead bank in which the account was maintained has also clarified by its letter dated 9.7.2014 that after due verification the cheques were honored. The Central M.P. Gramin Bank also replied on 9.7.2014 that the cheques were honored after due verification of the signatures. Similar letter was issued by State Bank of India, Saraichhola Branch on 10.07.2014. That being so, no criminal action was taken against the petitioner by the department or the Police.

(3.) The respondent No. 2 Jagannath Singh filed Writ Petition No. 4998/14 (Jagannath Singh Vs. State of M.P. and Others) in which the petitioner was arrayed as respondent No. 7. This Court in W.P. No. 4998/2014 on 25.08.2014 (Annexure P/6) ordered that,