SAMIR KUMAR HALDER Vs. STATE

JUDGEMENT

(1.) On February 17, 1986, one Dilip Kumar Debnath lodged an FIR alleging inter alia that on 23-3-1983 he opened a Savings Account No. 2659 in the Coochbehar branch of UCO Bank by deposing Rs. 20,000/- with the assistance of a clerk attached to the said branch of the Bank. He, thereafter, did not visit the said bank for three years. Subsequently, when he sent his brother Sri Shiv Prasad Debnath to update his account with an instruction to deposit Rs. 10/-(sic) in the said account, it was detected that almost entire amount leaving a small fraction thereof had already been withdrawn by someone else. It is also contended inter alia that he never withdrew any amount from his account in question earlier. Since S/B Account Pass Book was all along with him, such withdrawal of deposit amounts on different occasions is not possible for any outsider.

(2.) On the basis of such allegations made in the FIR, Kotwali P.S. Case No. 16 dated 17-2-1986 under Sections 468/420, IPC was initiated against some unknown miscreants and the case was endorsed to S.I. S.P. Sarkar DEO (S) CBR for investigation. It is however, a hard reality that investigation/rein-vestigation of this ill fated P.S. case is still pending even after the efflux of almost two decades and half.

(3.) By filing this revisional application, the accused revisionist has sought to assail continuance of this long pending investigation of Kotwal P.S. Case No. 16 dated 17-2-1986 under Sections 468/420/120-B, IPC on several grounds. According to him, although in the year 1983, when the account was opened by the de facto complainant, the petitioner was the Assistant Branch Manager of UCO Bank Coochbehar, in the year 1985 he was transferred, to Howrah. He is, therefore, not involved with the incidents of withdrawal of deposits as alleged. The de-facto complainant also filed money suit No. 5/86 in the Court of ld. Assistant District Judge, Coochbehar, against the United Commercial Bank for realisation of Rs. 20000/- along with interest thereupon. On the self-same allegations the instant police case was subsequently started on 17-2-1986. However, the said money suit was dismissed by the ld. trial Court on contest on 21-11-1988. The said judgment and order was challenged in Money Appeal No. 2 of 1989 and after a contested hearing the suit was sent back on remand on 8-3-90 with a direction to give a chance to the plaintiff for appointment of a hand writing expert to verify the genuineness of signatures in question. So, the revisionist is not connected with the offence Under Section 420, IPC as alleged and has falsely been implicated in this case. His name also does not figure in the FIR. In such circumstances, the criminal proceeding pending before the ld. S.D.J.M. Coochbehar is liable to be quashed.