RAMESH YADAV Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel appearing for the petitioner and also learned counsel appearing for the opposite party no. 2 as well as learned counsel appearing for the State. A complaint case was lodged on the allegation that complainant had deposited a sum of Rs. 1,10,000/- on 14.8.2002 at Nodkhurki Post Office under the scheme of monthly income. Under the scheme, a sum of Rs. 792/- was supposed to be paid to the complainant every month. The payment was made upto December, 2002. Thereafter no payment was made. Subsequently, she could know that this petitioner who had taken the pass book from her on the premise that he will be withdrawing the money from the account and will be handing over to her, had in fact withdrawn the money with the connivance of the Postmaster and got it misappropriated.

(2.) The said complaint was registered as C.P. Case No. 60 of 2008. When cognizance of the offence under Sections 409, 406, 420 of the Indian Penal Code was taken against the petitioner, vide order dated 20.10.2008, it has been challenged before this Court on the ground that the parties got their monetary dispute settled and thereby they have entered into a compromise and a joint compromise petition had been filed before the court of sessions while the matter relating to anticipatory bail application was pending before the Additional Sessions Judge, Bermo at Tenughat.

(3.) Further it was submitted that though cognizance of the offence has been taken under Sections 409, 406, 420 of the Indian Penal Code but no offence is made out under Section 409 even if the allegation made against the petitioner is taken to be true.