VIBHAS PADMANABHAN Vs. BHAIYALAL SINGH

JUDGEMENT

(1.) This application under Section 482 of Cr.P.C. has been filed to invoke the extraordinary jurisdiction of this Court and to quash the entire Complaint Case No.1497/2015 filed by respondent no.1, against the applicant.

(2.) Bereft of the unnecessary details, the facts requisite for the disposal of this application in brief are that, the applicant was the Branch Manager of Union Bank of India, Gadhwa at the relevant time, under the Police Station Chorhata. The respondent filed a criminal complaint case against the applicant and villager Ranjeet Singh under Section 420 read with Section 34 of I.P.C. It is alleged that the complainant received compensation of Rs.5,25,000/- from J.P. Cement Factory and the same was deposited in his account at Union Bank, Branch Gadhwa. The complainant applied for cheque book. The cheque book issued to him. When the cheque book was being issued, the Manager asked the Peon of the Bank to enter the account number in leaves of the cheque book. Meanwhile, the complainant went to drink water. After he returned, received his pass book and the cheque book and left the Bank.

(3.) On 16.07.2010 when he went to the bank for withdraw of money, he found that cheque No.277008 was missing. An amount of Rs.4,00,000/- was withdrawn on 24.04.2010 from his account. It is alleged that when the complainant asked the applicant - Bank Manager to show the cheque, he showed the cheque. On seeing the cheque, the complainant could make out that his signature has been forged in the cheque and the amount was released. On the back leaf of the cheque signature of co-accused "Ranjeet Singh" was present. The questioned cheque was the 8 th cheque of his cheque book. When the complainant had gone to receive the pass book and cheque book Ranjeet Singh was also present in the bank. The 8th number cheque was taken out from the cheque book, when he went to drink water. The complainant informed this to the Bank Manager (applicant). But Bank Manager did not take any action. The cheque was drown as self cheque. On 19.06.2010, the copy of the disputed cheque was not given to the complainant. Only a receipt of Rs.10/- was given to him. On 21.06.2010, the complainant lodged report at Police Station, Chorhata. He submitted a written complaint to CSP and SP, Rewa and also wrote to the Branch Manager of Main Branch Sirmor Chouraha, Union Bank of India, Rewa.