RAJ MOHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS petition has been filed under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') for quashing F.I.R. No. 264 dated 12.11.1988, registered at Police Station City Dadri, for the offences under Sections 420/409/467/468/471/120-B, Indian Penal Code, and the charge-sheet/order dated 30.4.1991, passed by the Judicial Magistrate I Class, Charkhi Dadri, whereby the petitioner along with two others has been charged for the said offences.

(2.) THE facts which can be gathered from the first information report, are that Sajjan Kumar who was employed as a temporary peon in the Oriental Bank of Commerce, Dadri, in the year 1985, for a period of about 3 months, opened a Savings Bank Account No. 5273 on 22.3.1985. On 17.8.1985, there was a credit balance of Rs. 6.67 and thereafter he did not operate this account up till 26.4.1986. On 27.4.1988 he deposited a sum of Rs. 700/- in his said Account and got issued a duplicate pass-book. On 28.4.1988 he withdrew a sum of Rs. 500/- and on 3.5.1983 he withdrew a sum of Rs. 200/- from the said Account. On 23.9.1988, he deposited a sum of Rs. 3500/- but withdrew Rs. 300/-, Rs. 3000/- and Rs. 200/- on 24.9.1988, 26.9.1988 and 29.9.1988, respectively, leaving a credit balance of Rs. 6.67. On 29.9.1988, he again deposited a sum of Rs. 50/- thereby making the credit balance to be Rs. 56.67. On 4.10.1988, he got prepared another duplicate pass-book by showing that he had lost his pass- book.

(3.) DURING investigation the specimen signatures and writing of Sher Singh, Alha Singh and Raj Mohan, the three employees of the Bank were taken and the same along with the writing and signatures on the withdrawal form and the ledger proforma of the Bank were sent to the Forensic Science Laboratory, Haryana, Madhuban, and the report of the Expert dated 1.3.1990 was obtained. Statements of certain witnesses including Shri Balwant Rai Jain, an officer of the said Bank were recorded. After completing the investigation a charge-sheet against the present petitioner along with Sajjan Kumar and Alha Singh was filed in the Court. After complying with the necessary formalities, the Judicial Magistrate found a prima facie case for framing a charge against all the thee accused by a speaking order dated 30.4.1991, and accordingly a charge was framed on the same day. Feeling aggrieved, the petitioner has filed the present petition.