K SUBHAS NAYAK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present application is for quashing of a proceeding being Case No. 13 of 1994 pending in the court of learned Judge, 3rd Special Court, Calcutta under Section 420/467/471 of the Indian Penal Code.

(2.) On the basis of a complaint lodged by one Subhas Chandra Jain, Chief- Manager, Syndicate Bank, N.S.B. Road Branch, Calcutta a case was registered with Hare Street Police Station being case No. 762 dated 18.8.89 under Sections 467/468/471/420/120-B of the Indian Penal Code. Allegation made in the complaint was that on 8.5.89 in course of checking of D.D. issue Account a difference of an amount of Rs. 88,176/- was detected between the actual cash received against the issuance of the D.D. and the actual amount of D.D. issued. On further verification it was further found that a total amount of Rs. 88,176/- in respect of two demand drafts bearing No. 397767/757 dated 11.2.89 for Rs. 46,092/- and No. 397768/758 dated 11.2.89 for Rs. 42,084/- were neither entered in cashier's Scroll Book or in the cash officer's Scroll Book showing the receipt of the said amount.

(3.) On competition of investigation of the above noted case a charge-sheet was submitted by the police on 1.7.94 under the aforesaid Sections against the petitioner and others. On receipt of the said charge-sheet Md. Anwar Hossain, learned Judge, 3rd Special Court, Calcutta by his order dated 1.7.94 took cognizance of the offence and issued process against the petitioner and another. Thereafter on an application filed by the petitioner under Section 205 of the Code of Criminal Procedure the personal appearance of the petitioner was dispensed with.