PRADIP KUMAR DAS Vs. SAMIR DAS

JUDGEMENT

(1.) Heard Mr. D. Majumdar, learned counsel for the petitioner and Mr. I. Uddin, learned counsel for the respondent.

(2.) By this application under section 482, Cr.PC, the petitioner has prayed for quashing the proceeding in CR Case No. 380/2004 registered under sections 418/420/421/427/34, Penal Code now pending in the court of Sub-Divisional Judicial Magistrate, Hojai, Sankardeb Nagar.

(3.) As per the complaint lodged with the learned Magistrate, the accused persons numbering 14 are the officers and employees of Nagaon Urban Co-operative Bank Ltd. In the complaint the present petitioner has been arrayed as accused No. 2. As per the statements made in paragraph 6 of the complaint, it is the accused Nos. 7, 12, 13 and 14 who had conspired to persuade him to open an account with the Bank. Pursuant to such persuasion, the complainant opened a Bank account and deposited an amount of Rs. 15,100 with the Bank. The witnesses of the complainant indicated in Para 7 of the complaint also opened certain more accounts with the Bank. Later on the complainant could come to know that the bank was put under lock and key and no monetary transaction could be carried out. The matter was intimated to the Head Office but to no avail. According to the complainant, accused persons collusively closed the bank and thereby not only cheated the complainant but also common people for the purpose of wrongful gain. According to the complainant, the accused persons dishonestly induced the complainant and other account holders to part with their money, which made them liable for criminal proceeding.