SANKAR DEB, S/O LATE BIDHU BHUSAN DEB Vs. STATE OF TRIPURA; BASKAR DEBBARMA; SWAPAN BARAGAI; TAPAN KR KAPALI

JUDGEMENT

(1.) By means of this petition, the petitioner has challenged the order dated 11.05.2012 whereby the learned Sub-Divisional Judicial Magistrate, Kamalpur, North Tripura has rejected the prayer of the accused for arraying certain Bank officials as accused in the case.

(2.) The prosecution story briefly stated is that one cheque which was supposed to be in the custody of co-accused, Tinku Sarkar, cashier in the Office of the Block Development Officer, Ambassa R. D. Block was misused and a sum of Rs.2,00,000/-(rupees two lakhs) withdrawn by forging the signatures of the BDO, Ambassa. It was further shown that this cheque had been issued in favour of one Samir Das. When payment was made in the bank the signature of Samir Das appear on the rear of the cheque and according to the prosecution the signatures of Samir Das were identified by the present petitioner, Sankar Deb.

(3.) The main ground raised by the petitioner for arraying three bank officials as accused was that in the FIR it was mentioned that the Branch Manager had not verified the signatures of the BDO. Even if that be true that would be a negligent act on the part of the Branch Manager. Whether he is criminally involved or not is not for this Court to decide at this stage. The fact of the matter is that the officials whom the petitioner wants to be arrayed as accused are all cited as witnesses against him. Their statements have still to be recorded. After their statements are recorded and the petitioner has been given a chance to cross-examine them, then the petitioner can bring out all the facts which according to him would show that these three persons are involved in the crime. If at that stage he can show the involvement of the three persons in any criminal activity then the Magistrate can at that stage also order the said persons to be arrayed as accused under Section 319 Cr. P.C.