GOPAL RAM Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Notice upon the O.P.No.2 has been effected and till date, the O.P.No.2 has not appeared. On 18/4/2022, the matter was adjourned for further providing opportunity to the O.P.No.2 and it was further adjourned on 28/3/2023, 18/4/2023 and 12/6/2023 and inspite of that, nobody has appeared on behalf of the O.P.no.2. In view of above, the matter is being heard in absence of the O.P.No.2 and further nobody has appeared on behalf of the respondent State.

(2.) This petition has been filed for quashing of the order taking cognizance dtd. 2/8/2012, passed by learned Civil Judge, (Senior) ' cum- Chief Judicial Magistrate, Garhwa as well as the entire criminal proceeding in connection with Complaint Case C. No./677 of 2011 registered under Sec. 406, 467, 471, 468, 420, 120B of the I.P.C, pending before the learned Civil Judge (Senior)-cum- Chief Judicial Magistrate, Garhwa.

(3.) The complaint case has been filed alleging therein that the complainant is having saving account with the S.B.I., A.D.B., Branch, Garhwa and its account no. is 11466865645 and when he was outside the house for necessary work he use to leave his blank cheque in house and on 9/2/2011 he came to know that Rs.5,00,000.00has been withdrawn from his said S.B. account. It is alleged that he is not having over draft facility and amount is shown widhdrew by cheque no.950191. It is also alleged that said cheque has been deposited to Union Bank, Garhwa Branch by the accused no.4 and it is alleged that accused no.1 the petitioner and 3 being conspired with the accused no.4 has cleared the cheque of Rs.5,00,000.00 even there was no sufficient money in the account of the complainant and further operation of account has been stopped.