S NATARAJAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application for quashing of a proceeding being Special Case No. 1 of 1994 pending in the Court of learned Special Judge, 2nd Court, Calcutta under Section 120-B/420/467/468/419 of the Indian Penal Code and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act.

(2.) On completion of investigation C.B.I. submitted charge-sheet in the Court of the learned Chief Metropolitan Magistrate, Calcutta under the aforesaid Sections alleging that the accused persons pursuant to a cirminal conspiracy forged the signature of one Chhotelal Jhunjhunwala in the specimen signature card relating to SDR A/c No. 1499 maintained in Dena Bank, Posta Bazar Branch, Calcutta. Thereafter an amount of Rs. 50,000/- was said to have been transferred to the account from Current A/c No. 772 maintained in the said Bank and the maturity value received through a pay order was alleged to have been encashed after opening an account in UCO Bank, New Market Branch, Calcutta.

(3.) On receipt of the charge sheet the learned C.M.M., Calcutta took cognizance of the offence under the aforesaid Sections on 28.7.94 and transferred the case to the Court of learned 12th Metropolitan Magistrate. The case record. thereafter reached the Court of learned Special Judge, 2nd Court, Calcutta through the learned C.M.M., Calcutta. Thereafter cognizance of offence was taken by the learned Special Judge, 2nd Court, Calcutta under the aforesaid Sections against two accused persons.