GANGA RAM AND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The aforesaid two petitions under S. 482 of the Criminal P. C. (for short hereinafter to be referred as 'the Code') are for quashing the very same proceedings pending in the Court of Chief Judicial Magistrate, Nagaur as Criminal Case No. 436 of 1980. Hence, they are being disposed of by one common order.

(2.) Heard learned counsel for the petitioner as well as the learned Public Prosecutor.

(3.) A First Information Report was lodged on 28/11/1972 by Ramdeen Choudhary, Manager, Nagaur Central Cooperative Bank, Nagaur, Branch-Deedwana, before the Station House Officer, Deedwana. According to F.I.R. Molasar Masala Utpadak Sahkari Samiti Limited, Molasar whose Secretary at the relevant time was Jugal Kishore, took loan of Rs.33975.19 Paise on 25/08/1971 from the Bank and as security for the said loan grinded red chillies were pledged with the Bank on that very date. The said pledged goods after weighing were stored in boxes and the boxes were kept with Bhagirath Cashier and Godown Keeper of the Bank, in room No. 2 of the Bank premises. One key of the lock was kept with Jugal Kishore. Loan for Rs.35,000.00 was applied for by Jugal Kishore, Secretary of the Molasar Masala Utpadak Sahkari Samiti Ltd. Molasar which was irregularly sanctioned by the Chairman of the Bank. The weighing details were written in the handwriting of Bhagirath. On 23/06/1972 the complainant had come to verify the pledged goods. On verification by Ramdeen in the presence of other members of the Society and local M.L.A., it was found that boxes contained stones and sand and not the grinded red chillies. Hence the first information report on 28/11/1972.