JAI MANGAL SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This revision application is directed against the order dated 02.02.2013 passed by Sri R.K. Mishra, Civil Judge, Junior Division-V, Chatra dismissing the discharge petition filed by the applicants in connection with Hunteganj P.S. Case No.62 of 2006 corresponding to G.R. No.483 of 2006 registered under Sections 420/468/469/471/386/120B of the Indian Penal Code.

(2.) The short facts of the case is that the informant, who happens to be the President of Gram Shiksha Samiti, Khutehara School and accused namely Jai Mangal Singh being the Headmaster of the Khutehara Middle School has been working in the capacity of Secretary of Gram Shiksha Samiti, Khutehara. There was joint account in Bank of India, Hunterganj bearing its A/c No.7488 for discharging the financial liabilities of the school. From Jharkhand Education Project Council, a cheque of Rs.1,64,000/was given to the Samiti for the purchase of Teaching Learning Equipments. The cheque was deposited in the account i.e. A/c No.7488. It is further alleged that accused Umesh Kumar Tiwari, a teacher of school Dhardhara and accused Kishore Kumar, a teacher of school Akauna both in Hunterganj Block has came to the informant and asked to take cheque book for the concerned account for the convenient in withdrawal, then informant taken the cheque book. It is further alleged that Rs.50,000/was illegally transferred to the account of Umesh Kumar Tiwari and a cheque was also prepared in the name of Nitish Kumar, the material supplier. The informant alleged that in both cheques his signature are forged and further he asked the Bank Manager that how on my forged signature the money was withdrawn but his reply was not satisfactory. After investigation, the Investigation Officer has submitted charge sheet under Sections 420, 406/120B of the Indian Penal Code.

(3.) It is submitted on behalf of the petitioner that there was a joint account in the Bank of India, Hunterganj Branch in which the cheque of Rs.1,64,000/issued by Jharkhand Education Project Council was given to the Samiti for purchase of Teaching Learning Equipments. He further submitted that there was no occasion for the petitioners to have possession of the cheque book which was used for withdrawal of amount from the bank by forging the signature of informant. He further submitted that the informant filed a petition before the court of Chief Judicial Magistrate, Chatra supported by affidavit denied and contradicted the contents of F.I.R. His signature was not forged nor on the point of pistol any agreement was signed by him. Actually, Officer in Charge under the revengeful action by misusing the signature of the informant instituted this case so he was compelled to file this affidavit. Council for the petitioner also submitted that Officer in Charge has also mentioned that considering the fact that the affidavit has been filed by the informant before the C.J.M., Chatra that no forged cheque was produced before the bank and each cheque was bearing the signature of President and Secretary so it requires no further examination of signatures. The Investigating Officer also visited the school campus and got it confirm that as per voucher of purchase slip every material were purchased and supplied. There is absence of ingredients of Sections 420/409/120B of the Indian Penal Code and charge sheet has been submitted without any legal evidence collected against these petitioners.