IDBI BANK LTD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Indrajit Sinha, the learned counsel appearing on behalf of the petitioner, Ms. Sushma Aind, the learned counsel appearing on behalf of the respondent State and Mr. Rakesh Kumar Sinha, the learned counsel appearing on behalf of the O.P.No.2.

(2.) In this petition, the prayer has been made for quashing the entire criminal proceeding arising out of Bistupur P.S. Case No.142 of 2017, corresponding to G.R. Case No.1271 of 2017, pending in the court of learned Chief Judicial Magistrate, Jamshedpur.

(3.) The complaint case has been filed alleging therein that accused no.1 is a Bank/ Financial institution carries on business of wealth management and the accused no.2 is the Chairman and Managing Director of the Accused No. 1 who is responsible for day to day business affairs of Accused No. 1 of its all branches. The Accused No. 3 is the Director of the Accused No. 1 who is also responsible for day to day business affairs of Accused No. 1. That the Accused No. 4 is the authorized business agent / partner of the Accused No. 1. Accused No. 5 is the Managing Director of the Accused No. 4. Accused No. 6 is the Regional Officer of Accused No. 4 and Accused No. 7 is the Branch Manager of the Accused No. 4 and they all are responsible for day to day affairs of business of Accused No.4. That on the proposal of the accused persons the complainant purchased a Bond in the form of Promissory Note of IDBI Bank bearing Reg. Folio No. IFD053468, Certificate No. 277859, Distinctive No. 0004053468 dtd. 19/11/1998 of Rs.10,000.00 (Rupees Ten Thousand only). That the accused persons assured the complainant with intention to cheat the complainant that the aforesaid bond was to be matured after 17 years and 6 months and after that the complainant will get a sum of Rs.1,00,000.00 (Rupees one lakh) on its maturity. That the complainant purchased the aforesaid bond from the Accused No. 1 through its authorized business agent namely Accused No. 4 and all the accused persons falsely assured the complainant that he will defiantly get a sum of Rs.1,00,000.00 (Rupees one lakh) on its maturity, just to cheat the complainant. That in this regard the Accused No. 1 issued a certificate under signature of Accused No. 2&3, wherein it is mentioned that if the amount is withdrawn on Nov.2005, i.e. within 7 years the face value will be Rs.25,000.00 (Rupees twenty-five thousand) and if the same is withdrawn on February 2011 i.e. 12 years 3 months, the face value will be Rs.50,000.00 (Rupees fifty thousand). That the complainant visited the office of Accused No. 4 to withdraw the matured sum of Rs.1,00,000.00 (Rupees one lakh) after 17 years 6 months on its maturity, surprisingly the complainant was informed by the accused persons that the redemption amount along with interest of Rs.23,562.00 (Rupees twenty three thousand five hundred sixty two) was paid on 16/11/2005 vide letter Ref. No. RAJ / STATE / FL01/ 7543857 dtd. 27/05/2016 by the Accused No. 4 under signature of Accused No. 6 while the complainant did not receive or get any money against the aforesaid Bond. That it is pertinent to mention here that complainant visited the office of Accused No. 4 to obtain the matured amount. The complainant was directed to submit the original bond in the office of the Accused No. 4, as such the complainant submitted the original bond in the office of Accused No. 4 and the Accused No. 6 acknowledged the receipt of the said original Bond. That it is also pertinent to mention here that the complainant neither requested nor withdrawn any money on or before 16/11/2015 before its maturity from the office of the accused persons. That the intention of the accused persons was to cheat the complainant from very beginning as such the accused persons in connivance to each other have induced the complainant to purchase the aforesaid Bond for their wrongful gain and to put the complainant in wrongful loss thereby the accused persons committed punishable offence U/S 420 of I.P.C. That the accused persons have also misappropriated the hard earning money of Rs.1,00,000.00 (Rupees one lakh) of the complainant thereby the accused persons have committed punishable offence U/S 406 of I.P.C. That the accused persons have also issued a forged Bond / Certificate to grab the money of the complainant thereby the accused persons have committed punishable offence U/S 467,468 & 471 of I.P.C. That is submitted by the complainant that the complainant served a legal notice on 01/08/2016 upon the accused persons and in reply, the accused persons stated that the complainant was paid a sum of Rs.23,562.00 (Twenty three thousand five hundred sixty two) through Cheque No. 56830 which was encashed in UCO Bank, Gamahriya Branch, while the complainant has got no such account in UCO Bank, Gamahriya Branch vide Account No. 812/4. Therefore it is evident that the accused persons have cheated the complainant and also misappropriated money of the complainant by forging a document (a promissory note).