SIDDHARTHA MAJUMDAR Vs. DIPAYAN DEY

JUDGEMENT

(1.) Present revisional application has been directed for quashing the proceeding including charge-sheet No. 354/16 dtd. 27/10/2016 under Ss. 406/409/420 of the Indian Penal Code which has arisen out of Burwan Police Station Case No.282/14 dtd. 26/6/2014 corresponding to G.R. Case No. 1340/14.

(2.) The allegation levelled is that opposite party no.1 Dipayan Dey had given loan of Rs.12.00 lakhs to one Jiaul Rahaman (one of the co-accused persons in the aforesaid proceeding). Jiaul issued a cheque of Rs.6,90,000.00 to make part payment out of the aforesaid loan amount Rs.12.00 lakhs. The cheque was a post dated cheque drawn upon HDFC Bank, Baguihati Branch. The said cheque was handed over to opposite party no. 1 pursuant to a written agreement on 20/3/2014. Two days thereafter, the accused Jiaul lodged a general diary being 1225 dtd. 22/3/2014 with the Burwan Police Station and intimated about loss of said cheque on 22/3/2014. Dipayan i.e. O.P. No.1 deposited the said cheque to his banker on 17/4/2014 and the cheque was honoured and was intimated by the bank. Jiaul was similarly informed by the bank since both Jiaul and O.P. No.1 maintained their respective accounts in HDFC bank though in different branches. After the deposit of said amount of Rs.6,90,000.00 in the account of O.P. No.1, in terms of aforesaid cheque, Jiaul intimated the Baguihati Branch of the bank about the alleged loss of the aforesaid cheque and on enquiry Jiaul produced the said GD entry slip being No.1225 dtd. 22/3/2014 to the bank and requested the bank to reverse the deducted amount to his account.

(3.) It is submitted on behalf of the petitioner that the bank asked Jiaul to inform the bank in writing about alleged loss of aforesaid cheque and accordingly Jiaul informed the bank about the alleged loss of cheque, in writing and after getting the said writing from Jiaul, bank reversed the entire amount from the account of the informant/ opposite party no. 1 to the account of accused Jiaul.