SUHAIL AHMAD LONE Vs. SAMEER AHMAD DAR

JUDGEMENT

(1.) In this petition under Sec. 561-A Cr. P.C., the petitioner has invoked the jurisdiction of this Court in quashing the criminal complaint titled "Sameer Ahmad Dar Vs. Suhail Ahmad" (File No. 72/Alif), sub-judice in the court of learned Chief Judicial Magistrate, Anantnag, and the impugned orders including the order of taking cognizance, on the grounds inter alia, that the petitioner was some time back posted as Manager, Jammu and Kashmir Bank Ltd. Branch Office, Lassipora Pulwama, and in the normal course of business a cheque dated 28.12.2015 issued by "S.F Traders of which the respondent is the proprietor, was received by the Bank. The cheque bore the number 710831. It was a bearer cheque for an amount of Rs. 14.75 lacs. The cheque was payable to "S.A. Gold Ispat Pvt. Ltd.". When the cheque was received by the Bank on 28.12.2015 it had been endorsed by the payee to another concern called "Mir Steel Rolling Mills Pvt. Ltd)". The Bank credited this amount of Rs. 14.75 lacs into the account of "Mir Steel Rolling Mill Pvt. Ltd." (CC-74) on the same day i.e. 28.12.2015. "Mir Steel rolling Mill Pvt. Ltd." maintained an account in the Branch of which the petitioner was the Manager at the relevant point of time. The petitioner has proceeded to state that the banking system is computerized. It so happened that inadvertently and by a bona fide mistake the cheque number fed in the computer system read as "710835" instead of "710831" but the amount was correctly credited in the account of "Mir Steel Rolling Mill Pvt. Ltd. in whose favour the cheque had been endorsed. This mistake which had crept in did not come to the notice of the Bank till July, 2016. "M/s S.F Traders", the respondent herein issued cheque No. 710835 for Rs. 1.00 lac in favour of the J & K Construction Company and the said cheque according to paragraph No. 7 of the complaint is still lying with the respondent.

(2.) The respondent averred in the complaint lodged by him before the court of learned Chief Judicial Magistrate, Anantnag that the petitioner transferred the amount of 14.75 lacs mentioned in the cheque in favour of "Mir Steel Rolling Mill Pvt. Ltd." on his own after changing the cheque number from 710831 to 710835. The court of learned Chief Judicial Magistrate, Anantnag, on the basis of the pleadings set out in the complaint and the statement of complainant came to the conclusion that prima facie offences under Sec. 420, 506 RPC are made out against the accused (petitioner herein) and accordingly issued bailable warrants against the petitioner. On 29.04.2017, the respondent filed a supplementary affidavit before the trial court which indicated that the petitioner did not make good the deficiency though he was verbally asked by the court to do so. It is stated that the basis of its filing is not indicated in the interim orders passed by the court. The court on entertaining the supplementary affidavit passed two orders on 29.04.2017 extending two different directions. In, terms of one of the orders, the complainant was directed to produce the evidence and the second order directed the Chairman of the Bank to hold a full-fledged enquiry within fifteen days and submit the enquiry report to the court.

(3.) Heard and considered.