YUDHISTHIR DAS Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State. Petitioner has filed this application for quashing the entire criminal proceeding against him in connection with Golmuri P.S. Case No. 110 of 2001, corresponding to G.R. No. 1062 of 2001, which was instituted against the petitioner for the offence under Sections 420, 468, 471, 469 and 34 of the IPC.

(2.) From the FIR, it appears that the petitioner, at the relevant time, was posted as Manager in Singhbhum District Central Co-operative Bank at Golmuri Branch, in which the informant was also having an account. The informant sent a cheque for encashment, but he was informed that sufficient money was not there in the account. On the next day, the cheque of Rs. 1500/- was given by the informant, which was passed and subsequently, when the account was checked by the informant, it was found that one lakh rupees had been illegally withdrawn from the account on the basis of a forged cheque on 8.5.2001. When the informant met the petitioner complaining for the same, the petitioner gave evasive replies. When the informant threatened to go to the police, he was asked by the petitioner, not to go to police and the money would be managed in the account. It is further alleged that the petitioner took a cheque of rupees one lakh from the informant on the pretext of managing the account, but the amount was not deposited in the account and it is also alleged that the said cheque was also fraudulently used by the petitioner. On the basis of the written information given by the informant, the police case was instituted against the petitioner and the investigation was taken up.

(3.) Learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in this case and it is a fit case, in which the FIR against the petitioner, be quashed.