MANNU SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned counsel for the State Bank of India and learned counsel appearing on behalf of State of Bihar.

(2.) From the materials on record particularly Annexure-6 it appears that petitioner is proprietor of an oil mill at Khusrupur, District Patna and he was cheated by a customer on 24.7.2004. The customer allegedly purchased goods and gave a Bank Draft dated 23.7.2004 for Rs.73,000/- by way of price for the goods. The draft was later suspected to be forged and hence petitioner got it examined by a branch of the State Bank at Khusrupur. It appears that either under some misapprehension or due to reluctance of the Khusrupur branch of the State Bank of India the draft was not deposited in formal manner and it is still with petitioner. It further appears that the Officer-in- Charge, Khusrupur Police Station was intimated by the petitioner but he refused to register a case of forgery and cheating on the plea that such case would be made out only the draft is deposited and declared by the bank to be forged. Clearly the police has arbitrarily refused to accept petitioner's case and lodge an FIR although apparently a cognizable offence is made out. The fact that draft has not been formally deposited with any branch of the State Bank of India can not be of much consequence because in course of investigation police can always take help of experts which may include employees of the bank or Reserve Bank of India for coining to a conclusion whether the Bank Draft is forged or not. It is strange that police has refused to lodge an FIR. In the matter although Annexure-6 appears to have been ultimately sent to the Officer-in-Charge, Khusrupur P.S. through registered post on 15.9.2004.

(3.) Learned counsel for the State Bank of India has assured that even if the police comes for verifying the genuineness of the draft which may be produced by the petitioner before the police, the officers of the State Bank of India including those at Khusrupur branch or at Balia branch would give all possible help and assistance in the investigation so that it may be found out whether the draft is forged or not. Even before this Court learned counsel for the State Bank of India was frank enough to indicate that the very code number given for Balia Branch is incorrect and hence there is no doubt that the Bank Draft in question which was produced in Court appears to be forged.