MANISH KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel appearing for the petitioner and learned counsel appearing for the State. This application has been filed for quashing of the order 22.7.2010 passed by learned Chief Judicial Magistrate, Jamshedpur in connection with Bistupur P.S. Case No. 185 of 2009 (G.R. No. 1500 of 2009) whereby and whereunder, cognizance of the offences punishable under Sections 419, 420, 409, 467, 468, 471 and 120B of the Indian Penal Code has been taken against the petitioner.

(2.) Before adverting to the submissions advanced on behalf of the petitioner, the case of the prosecution needs to be taken notice of:--

(3.) The informant Paras Nath Prasad (opposite party No. 2) lodged the case on the allegations that he was having Demat Account with ICICI Bank through whom he was dealing with the matter relating to sale and purchase of the shares. When he came across with one Manish Kumar, Branch Manager of India Infoline Limited, he expressed his desire that certain shares be transferred through India Infoline Limited instead of ICICI Bank. Upon which Manish Kumar informed that it is not possible for the India Infoline Limited to transfer the shares unless shares are transferred from ICICI Bank to India Infoline Limited. When the informant expressed his desire to get it transferred to India Infoline Limited, Manish Kumar introduced one Rakesh Ranjan Singh to him who was holding the post of Relationship Manager of India Infoline Limited and said that he will be doing needful in the matter. At the same time, it was told by Manish Kumar that for the purpose of getting the shares transferred from ICICI Bank to India Infoline Limited, he is required to put his signatures on the transfer slips and rest of the details would be filled up by Rakesh Ranjan Singh. Accordingly, the informant having put his and his wife's signature over the transfer slips gave it to Manish Kumar, who in turn, gave it to Rakesh Ranjan Singh, for doing needful for transferring the shares in the manner given below:--