WASAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a petition under Section 438 of the Code of Criminal Procedure for release of the petitioner in terms thereof in a case registered vide FIR No.50 dated 22.9.2009 under Sections 420, 468, 471 IPC, at Police Station Khem Karan, District Tarn Taran. It was contended by the learned counsel for the petitioner that he was serving as Manager of a bank and the withdrawal form was filled in by the drawee of the cheque. The payment was made by the Cashier and, therefore, in the dispute of the nature which is in hand, the cashier could have been held liable and not the petitioner. He had also referred to Annexure P-1, which is the photo copy of the withdrawal form dated 14.3.2009 whereas the FIR was registered on 29.9.2009.

(2.) Noticing this contention, this court on 26.10.2009 had granted the interim protection to the petitioner subject to the condition that he joins the investigation to the satisfaction of the Investigating Officer.It has now been contended by the learned counsel for the petitioner and not refuted by the learned counsel appearing for the State of Punjab on instructions from ASI Mehar Singh that the petitioner has since joined the investigation.

(3.) Having regard to the aforesaid, the present petition is allowed and the interim directions dated 26.10.2009 are hereby made absolute till the filing of the challan subject to the condition that the petitioner continues to comply with the provisions of Section 438(2) Cr.P.C.