NIRANJAN KUMAR PANDEY Vs. BANK OF INDIA

JUDGEMENT

(1.) The present application has been filed for quashing the entire criminal prosecution launched against the petitioner on the basis of a first information report lodged by Central Bureau of Investigation (hereinafter referred to as the CBI) registered as Case No. 11 CSI 94/Patna for the offence punishable under Section 120-B, 420, 467, 468 and 471 of the Indian Penal Code (hereinafter referred to as the Code). The case is said to be pending in the Court of Special Judge, CBI, South Bihar, Patna as Special Case No. 23/95.

(2.) The copy of the first information report is at Annexure-1. The allegations made in the first information report are to the effect that the petitioner has entered into a criminal conspiracy with one Smt. Sita Devi and some unknown persons during the year 1988-92 and in pursuance of the said conspiracy cheated the Bank of India, Hazaribagh Branch, respondent No. 1, to the tune of Rs. 4,45,199.77 paise approximately by fraudulently and dishonestly showing fictitious credits in Savings Bank Account No.12040 in the name of Smt. Sita Devi and subsequently withdrawing the said amount. It was alleged that the said Savings Bank Account was opened in the name of Smt. Sita Devi on initial cash deposit of Rs. 100/- and signature of Smt. Sita Devi was attested by the present petitioner. It was further alleged that two fake cheques aggregating to rupees two lacs purporting to have been issued by the Additional Land Acquisition Officer, Hazaribagh, in the name of Smt. Sita Devi were deposited in the said Savings Bank Account and the petitioner, who was working as Special Assistant in the respondent No. 1 Bank, cancelled both the forged cheques and signed the corresponding credit vouchers and made entries in the transfer book and other related books but he did not make entry in the current Account No. 571 of Additional Land Acquisition Officer, Hazaribagh, who was shown to have issued the cheque. Apart from credit entries regarding both two cheques the petitioner is said to have made five other fictitious credit entries as has been detailed in the first information report. It was further alleged that the cheques purporting to be signed and issued by Smt. Sita Devi were encashed by the petitioner through different persons and cash amount was kept by him.

(3.) The Superintendent of CBI, respondent No. 3, after investigation, submitted charge-sheet against the petitioner and other unknown persons for the offences punishable under Sections 120-B, 420, 467, 468, 471,477-A of the Code and Section 13 (2) read with Section 13 (1) (d) of the Prevention of Corruption Act, 1988, copy of the charge-sheet is at Annexure-1 of the petition.