SIDH NATH RAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Through this application under Sec. 482 Cr.P.C. the four petitioners herein, who have been arrayed as accused in Complaint Case No. 497(C) of 2006 and against whom cognizance has been taken under Sec. 417 I.P.C. on 21.7.2006 by Sri C.N. Jha, Judicial Magistrate, 1st Class, Danapur, have prayed for quashing of the whole proceeding as against them.

(2.) One Surendra Rai, O.P. No. 2 herein, filed the aforesaid complaint case against the four petitioners herein and the Branch Manager, Punjab National Bank, Bocha Chauk Branch inter alia stating that his aunt Balkeshia Devi who lived jointly with him and was the Karta of the family died issueless on 20.4.1989, her husband having predeceased her, and her sharadh and other rituals were performed by him and he and his brothers were the successors-in-interest of all her immovable and movable properties after her death. It is said that after her death the complainant's father applied to the aforesaid bank to pay to him whatever money was available in her account wherein she had deposited certain sums after selling her lands during her life- time as also the amount outstanding in her fixed deposit account and the application was kept pending for inquiry. It is said that during the pendency thereof the four accused persons who belonged to the Naihar of the deceased came on 1.3.2006 and misrepresented to the complainant and his father that the passbook and fixed deposit receipts were required by the bank people for purposes of the pending inquiry and accordingly all the requisite papers were handed over to them. It is alleged that the complainant had learnt from trustworthy people that the accused persons in connivance and conspiracy with the bank employees and under fraudulent misrepresentation as being the heirs and legal representatives of deceased Balkeshia Devi had taken out Rs. 70,000/- from the bank whereupon he went to the house of the accused demanding the money taken out from the bank but he was abused, assaulted and threatened. Thereafter it is said that the complainant went to the bank and on making inquiry came to learn that the bank had handed over the money on the basis of a fabricated document. It is also said that the complainant went to the police station who refused to entertain or register a case whereupon the complaint was filed.

(3.) It has been submitted on behalf of as the petitioners that they are innocent and are being sought to be prosecuted out of malice and vengeance on the basis of an improbable story. It was further sought to be pointed out that although the cause of action is said to have arise on 24.4.1989 the complainant was filed after 18 years and any cognizance after such a long period was an abuse of the process of Court.