ARBIND KUMAR GANERIWALA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Petitioner in this writ petition has assailed the order dated 18-12- 1998, passed by the learned Sessions Judge, Bokaro, as well as the order dated 20-5- , 1998, passed by the learned trial Court, Chas, rejecting the application of the petitioner for discharging him and also for quashing the entire criminal proceeding in connection with Galidih P.S. Case No. 77 of 1987 (G.R. No. 8360 of 1997), registered under Sections 420, 467 and 468 of the Indian Penal Code, pending in the Court of Sri. O. P. Srivastava, learned Judicial Magistrate, 1st Class,Chas.

(2.) The prosecution case, as mentioned in the First Information Report, is that S. N. Agrawala, proprietor of Chandan Agency, opened current account with the United Bank of India and opposite party No. 2 R. D. Yadav (informant) was the Bank Manager of the United Bank of India, Bokaro Industrial Estate Branch, Bokaro Steel City, Bokaro. It is alleged that S. N. Agrawala on behalf of Chandan Agency took loan of Rs. 1,10,180/- and the Bank filed Money Suit against him for recovery of Rs. 1,42,916.35 with interest. This petitioner was residing with the said S. N. Agrawala and address of both the persons is the same. The bank issued Bank Drafts of Rs. 15,000/-, Rs. 45,000/- and Rs. 5,500/- in favour of Chandan Agency. On enquiry, the informant Bank found that all those drafts were collected in the account of Chandan Agency with Grindlays Bank, Calcutta. The informant (Manager of the Bank) apprehended that this petitioner opened bank account in the name of Chandan Agency ad also in Grindlays Bank, Calcutta. He played fraud and deceived the bank and cheated the bank by encashing all these bank drafts in his favour, interpolating the name of S. N. Agrawala alias S. N. Gaurisaria.

(3.) Learned Counsel for the petitioner has argued that S. N. Agrawala alias S. N. Gaurisaria had opened account with the informant Bank in the name of Chandan Agency and took loan of Rs. 1,10,180/-. The United Bank of India filed Money Suit against S. N. Agrawala bearing Money Suit No. 129 of 1984 for realization of Rs. 1,42,918.15 paise. Chandan Agency was made defendant No. 1, S. N. Agrawala as defendant No. 2 and this petitioner was made defendant No. 3 in the said Money Suit. This petitioner has also got his own account bearing No. CD 576 in the said Bank. He has taken loan of Rs. 2,44,597.75 paise in his own name. Respondent No. 3 S. N. Agrawala alias S. N. Gaurisaria has sworn affidavit that he has taken the loan from the informants bank in the name of Chandan Agency. This petitioner has not encashed the drafts impersonating him to be S. N. Gaurisaria. This petitioner as per his affidavit has not impersonated S. N. Gaurisaria. In the written statement, defendant No. 3 S. N. Agrawala alias S. N. Gaurisaria has taken stand that this petitioner Arbind Kumar Ganeriwala has never taken loan from the bank in his name. S. N. Agrawala alias S. N. Gaurisaria has not been made accused in the present case. Lastly it was submitted that the Money Suit, filed against Chandan Agency and others, has been settled between the plaintiff and defendants for which Manager of the United Bank of India on 7-4-2003 has granted certificate, setting thereon, that Arbind Kumar Ganeriwala personally appeared before the bank on 21- 2-2001 and executed an agreement for settlement of the Bank dues in respect of CD Account No. 576 in Money Suit No. 130 of 1984. The entire amount with interest of Rs. 2,91,366.04 paise including legal charges have been paid and there remains no dues pending with the Bank against this petitioner-Arbind Kumar Ganeriwala. Again the Manager of the United Bank of India has given another certificate on the same day, stating therein, that Shambhu Nath Agrawala alias Shambhu Nath Gaurisaria also appeared before the Bank on 16th March, 2001 and executed an agreement for settlement of all the dues in respect of Money Suit No. 129 of 1984. He paid Rs. 1,20,266.47 paise with interest and other legal charges and no amount remains dues pending with the Bank.