BINOD BIHARI RAJWAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application has been filed on behalf of the petitioner to quash the order dated 2-12-1997 passed by the learned Sub-Divisional Judicial Magistrate, Giridih, in T. R. No. 2343/97 (G.R. No. 87/93) whereby and whereunder he has rejected the application under Section 239 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') for discharge.

(2.) The petitioner while posted as Branch Manager of the Bank of India at Raj Dhanwar Branch lodged first information report alleging therein that the accused Himanshu Shekhar Prasad removed drafts from the Bank and also had drawn a sum of Rs. 2,50,800/- by submitting fake draft. It is also alleged that an attempt was made to draw a sum of Rs. 1,80,500/- through forged drafts which could be detected at Delhi Office. It is also alleged that the drafts bearing No. 050015 to 050016, Leaf No. 050015 was converted into a fake draft for Rs. 1,00,500/- and Leaf No. 050016 was converted into fake draft of Rs. 80,000/- and the accused Himanshu Shekhar Prasad also confessed his guilt. Accordingly, the first information report was lodged. The police investigated into the case and submitted charge-sheet against the sole accused Himanshu Shekhar Prasad.

(3.) At this stage it may be noted here that the petitioner had moved earlier before this Court in Cr. Misc. No. 5221 of 1996 (R) for quashing of the order dated 19-8-1996 impleading him as accused under Section 319 of the Code. The said criminal miscellaneous No. 5221 of 1996 (R) was dismissed with an observation to agitate all those points at the time of framing of charge.