BHAGIRATH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition has been preferred against the order of learned Additional Chief Judicial Magistrate (Mobile), Jodhpur dated 3.4.1998 by which he ordered to frame charge under Sections 420, 120-B Penal Code against the petitioner. He also framed the charge on 13.10.1998.

(2.) Briefly stated, the petitioner was the Manager of State Bank of Bikaner and Jaipur, Mandore Road, Jodhpur. It is alleged that Ranjeet Singh and Sumer Singh were friends. Ranjeet Singh was unemployed. Sumer Singh asked him to obtain loan from the bank where the petitioner was posted as Manager. Then Sumer Singh went to the bank and applied for loan in order to start the business of videography and photography. He obtained quotations of the cameras as well as other photographic articles. He completed formalities by putting his signatures. He went with Sumer Singh, it was further alleged that Sumer Singh and the Bank Manager went in a room and thereafter he was told that he may come later on after some time and by that time the loan would be sanctioned. Ranjeet Singh then met the petitioner who informed that the loan was not sanctioned. Then he contacted Sumer Singh who also told that the application for loan was rejected.

(3.) It was in April, 1995 that Ranjeet Singh received a notice from bank to deposit the instalments. Then he went to Sumer Singh and told that since he had not obtained any loan, the notice was not proper. Sumer Singh then kept silence and on insistence procrastinated. Ranjeet Singh concluded that there was something fishy. Then he inquired from the bank and came to know that it was Sumer Singh who put his signatures in order to obtain loan. Then he contacted Sumer Singh whose wife admitted that the amount was withdrawn by Sumer Singh as family needed money and that they would deposit the instalments. This transpired in presence of Udai Singh. Then Ranjeet Singh kept silence and did not take any action presuming that Sumer Singh would deposit the instalments. He again received a notice on 31.5.1996 from the bank. He went to Sumer Singh and his wife again. When they told that they would not deposit the instalments and in presence of Om Bhati they told him to do whatever he liked. Thereafter he filed a complaint before Additional Chief Judicial Magistrate No. 3, Jodhpur which was forwarded to police where FIR No. 222 under Sections 420, 406 Penal Code was registered at Mahamandir Police Station. After investigation police submitted challan against Dalpat Singh, Smt. Rajhans, Nemichand, Sumer Singh and the petitioner.