SUBRATA KUMAR BISWAS Vs. SWAPAN CHAKRABORTY

JUDGEMENT

(1.) This is an application under Section 482 of the Code of Criminal Procedure for quashing of the proceedings being Case No. CR-41 of 2002 pending before the learned Chief Judicial Magistrate at Murshidabad, under Sections 409/182 of the Indian Penal Code and order dated 8th January, 2003 passed therein.

(2.) The petition may be stated in brief The petitioner happened to be the Regional Manager of Allahabad Bank, Behrampore Region West Bengal. The opposite party is an ex-employee of Allahabad Bank and was working since 1986, a casher in charge in Category "E" at Behrampore Branch of Allahabad Bank, in the District of Murshidabad. In course of his work as a casher he was arrested considering an FIR lodged by the petitioner, the then Manager, on the allegation. The opposite party was in custody for 62 days in connection with the said case being C.R. Case No. 1411 of the 1997 and still pending before the learned Additional Sessions Judge, 3rd Court, Murshidabad. Thereafter action was initiated against the opposite party leading to his dismissal from the service. The said dismissal has been challenged by the O.P. in writ petition having No. 15737(W) of 2002 pending before this Hon'ble Court. During the pendency of the aforesaid writ petition, opposite party filed a complaint case against one Mr. N. R. Banik, the then Regional Manager and Disciplinary Authority of Allahabad Bank under Sections 219, 503 and 166 of Indian Penal Code together with Sections 29 and 33 of Industrial Disputes Act. The learned Chief Judicial Magistrate, Murshidabad by his order dated 30th September, 2000 dismissed the said complaint being C.R. Case No. 71 of 2000 on the ground that he had no jurisdiction to entertain the said complaint. The opposite party preferred a criminal motion No. 20 of 2001. Learned Additional Sessions Judge, 3rd Court dismissed the same on contest by his order dated 20th December, 2001.

(3.) In the month of February the petitioner received summons issued by the learned Chief Judicial Magistrate at Murshidabad upon the said complaint lodged by the opposite party under Sections 409,182 and 120 B of the Indian Penal Code. On the aforesaid complaint, the learned Chief Judicial Magistrate by his order dated 8th January, 2003 pleased to direct to issue summons fixing 01.03.03 for service return and appearance.