S.M. LAMBA Vs. SURESH KUMAR & ANR.

JUDGEMENT

(1.) PETITIONER S.M. Lamba, who is working as Chief Manager, Oriental Bank of Commerce, Sector 11, Panchkula, has filed this petition under Section 482 Cr.P.C. for setting aside the judgment dated 15.2.2001, passed by Additional Sessions Judge, Gurgaon, vide which revision filed by the State of Haryana against the order dated 18.5.1999, passed by Chief Judicial Magistrate, Gurgaon, discharging respondent No. 1 in case FIR No.418 dated 15.5.1996 under Sections 409, 467, 468, 420 and 471 IPC registered at Police Station City Gurgaon, has been dismissed and further for expunging the adverse remarks appearing against him (the petitioner) in para 14 of the aforesaid judgment dated 15.2.2001.

(2.) WHEN the petitioner was working as Senior Manager in Gurgaon branch of Oriental Bank of Commerce in the year 1994, he received an application form one S.S. Jaspal (account holder of the bank) requiring detail of his two cheques to the tune of Rs. 10 lacs each, which he had deposited in his loan account. On receipt of the said letter, the petitioner started an enquiry and found that instead of crediting the amount of cheques in the loan account of said S.S. Jaspal, Suresh Kumar, respondent No.1 herein, the then Senior Manager, had opened a saving account in the name of S.S. Jaspal, without any account opening form, and credited amount of the first cheque to the said saving account of S.S. Jaspal. Thereafter, he debited the said amount in the same account of S.S. Jaspal on the same day and credited it in the account of M/s. Sigma Shoes of Delhi. Similarly, amount of another cheque was first credited to the saving account of S.S. Jaspal and thereafter the same was debited from the said saving bank account and credited to the accounts of M/s. Anisha Enterprises and M/s. Arjun Enterprises. In the enquiry, it was found that in fact, the saving account was not opened on the request of S.S. Jaspal, but it was opened by respondent No.1 of its own without obtaining any account opening form from S.S. Jaspal and without taking the initial amount for the purposes of opening saving account. It was in fact a fictitious account, which was opened by respondent No.1. After holding the enquiry, the petitioner moved an application to SSP, Gurgaon/ Station House Officer, Police Station City Gurgaon for initiating criminal proceedings against respondent No. 1. Consequently, FIR 418 dated 15.5.1997 under Sections 409/ 420/467/468/471/120 -B IPC was registered at Police Station City Gurgaon. against respondent No. 1.

(3.) AT the time of framing of charge, the Chief Judicial Magistrate, after hearing counsel for the accused as well as the State Counsel, concluded that taking into consideration the material collected by the police and submitted to the court under Section 173 Cr.P.C, no ground to presume that the accused has committed offence is made out, and the material collected by the prosecution was deemed to be insufficient for framing the charge against the accused. Hence, respondent No.1 was discharged.