UTTAM KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The two petitioners herein who happen to be the Manager and Cashier of Punjab National Bank, Manjhwalia Branch have sought to invoke the jurisdiction of this Court under Section 482 Cr. PC. for quashing of the order dated 13.9.2005 passed by Sri D.K. Mishra, Judicial Magistrate, Bettiah taking cognizance under Sections 420, 406 and 120B I.P.C. as also the entire criminal proceeding in complaint case no. 1121C of 2004 arising from the protest petition filed by the complainant in Manjhwalia P.S. Case No. 231 of 2003.

(2.) One Ashok Kumar Upadhaya O.P. No. 2 herein submitted a written complaint bearing no. 2488C of 2003 before the Chief Judicial Magistrate, West Champaran at Bettiah, which was transmitted to the concerned police station under Sec. 156(3) Cr. P.C. and on the basis thereof Manjhwalia PS. Case No. 231 of 2003 came to be registered. After due investigation the police submitted a final form reporting the case to be false whereafter the said complainant filed a protest petition which was numbered as complaint case No. 2212(C) of 2004 and after due inquiry under Sec. 202 Cr. P.C. the cognizance as aforesaid has been taken.

(3.) The prosecution case in brief is that the complainant is an account holder in Manjhwalia Branch of Punjab National Bank bearing Account No. 10263 and on 18.2.2003 he deposited a sum of Rs. 10,000/- in his said account but the same was not shown in the balance in the said account and without any information to him it was shown as deposited in Account No. 10273 on 14.2.2003 and the said amount was withdrawn. It is said that the complainant inquired in this regard on the basis of his pass-book and became aware of the said fact of transfer and withdrawal of money in collusion with account holder of Account No. 10273. The complainant is said to have requested the accused persons repeatedly to deposit the aforesaid sum in his account which was finally refused by them on 27.9.2003. According to the complainant the accused persons had grabbed the aforesaid amount belonging to the complainant in collusion with each other by taking benefit and advantage of their position.