AMOLAK SINGH CHHABRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is a petition filed under Section 482 of the Code of Criminal Procedure (for brevity hereinafter shall be referred to as the 'Code') for quashment of the proceedings of Criminal Case No. 3966 of 2006 against the petitioner pending in the Court of Chief Judicial Magistrate, Ratlam for offence under Sections 120B, 420, 467, 468 and 471 of the Penal Code.

(2.) Short facts of the case are that petitioner at the relevant point of time was working as District Excise Officer, Ratlam. The contract of buy and sale of Poppy straw for revenue district Ratlam for the year 1999-2000 was awarded to one Pinkesh Porwal in an auction sale. The said Pinkesh Porwal has transferred his liability and rights arising out of the said contract to one Harinder Pal Singh with the consent of Collector, Ratlam.

(3.) In order to clear the balance of the year 1999-2000, the said Harinder Pal Singh deposited Call Deposit Receipts (hereinafter the 'CDRs') amounting to Rs. 13.00 lakh drawn on Canara Bank, Navyug Market Branch, Ghaziabad in favour of Excise Department, Ratlam. He also deposited one Demand Draft drawn on Canara Bank, Dadri Branch for an amount of Rs. 5.00 lakh. The said CDRs and DD were accepted by the present petitioner and were sent for clearance to the State Bank of India, Collectorate Area Branch, Ratlam of 27.3.00.