DINDAYAL DROLIA Vs. STATE OF JHARKHAND AND ORS.

JUDGEMENT

(1.) This application has been filed for quashing of the entire criminal proceeding of Balidih P.S case no.11 of 1985 including the order dated 21.3.1987 whereby and where under cognizance of the offence punishable under Sections 406, 409, 468, 420, 471, 120B of the Indian Penal Code has been taken against the petitioner and others.

(2.) On the allegation that on the basis of fake and fictitious credit entries and also by way of having bank guarantees without any deposit of fund or margin money, accused persons misappropriated huge amount of the Bank, a case was registered as Balidih P.S case no.11 of 1985. Having investigated the case, the police did find the allegation prima facie true and hence, submitted charge sheet, upon which cognizance of the offence was taken against the accused persons including the petitioner, who is one of the beneficiaries of the mis-deed committed by the Bank Manager. That order is under challenge.

(3.) It is the case of the petitioner that the petitioner was having an account with the opposite party no.2 being C.D No.265 in the name of M/s. Drolia Minerals Industries. When the Bank did find that outstanding amount is not being paid by the petitioner-company, a Certificate Case bearing no.20 of 1986-87 was filed before the Certificate Officer, Chas, Bokaro which was decided against the Bank. Being aggrieved by that order it filed a Certificate Appeal before the Deputy Commissioner which got dismissed. Thereupon the Bank filed Money Suit bearing no.7 of 1991. That suit was also dismissed on 10.4.1995.