SACHINDRA NATH KUNDU Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application under Sections 401 and 482 of the Code of Criminal Procedure filed at the instance of one Sachindra Nath Kundu as petitioner seeking for quashing of the impugned proceeding being no G.R. Case No. 176 of 1999 arising out of Howrah P.S. Case No. 119/94 dated 22.6.99 under Section 467/468/471 of I.P.C.

(2.) The short facts leading to the filing of this revisional application are as under : Petitioner is an employee of State Bank of India and at the material point of time he was posted at Howrah Branch of State Bank of India. He is a disabled man and a married person having family and resides at 35/A, Narsingha Dutta Road, P.S. Bantra, Howrah.

(3.) It has been alleged by the petitioner that Chief Manager of the State Bank of India lodged a complaint to the Officer-in-Charge of Howrah P.S. alleging inter alia that two drafts dated 6.2.99 for an aggregate amount of Rs. 8,75,000/- favouring M/s. Misra Scrap Co. were presented by Allahabad Bank, Howrah Maidan Branch through clearing to the State Bank of India and the said two drafts were paid on 11.2.99. it was found later that the said two drafts were forged. The name of the payee is Misra Scrap Co., and the name of the Bank who presented through clearing is Allahabad Bank, Howrah Maidan Branch and on the basis of the aforesaid complaint, lodged by the Chief Manager of State Bank of India, the present case was started against Misra Scrap Co. under Section 467/468/471 of the Indian Penal Code.