- (1.) These two appeals by special leave, one preferred by the State of U.P. and the other by the State Bank of India, are directed against the judgment of the Allahabad High Court whereby the High Court has quashed the criminal proceedings being Crime Case No. 40 of 1983 in the Court of Special Judge, Anti-Corruption, only as against the respondent R.K. Srivastava. In quashing the proceedings in the exercise of its jurisdiction under S. 482, Cr.P.C., the High Court took the view that allegations made in the First Information Report (FIR) did not constitute any offence. In order to appreciate the view of the High Court, it is necessary to refer to the FIR which reads as follows : - "An information has been received that Shri P.C. Saxena and Shri Ram Kumar Srivastava while posted and functioning as Accountant and Clerk-cum-Godown Keeper in the State Bank of India, Agriculture Development Branch, Budaun, respectively entered into a criminal conspiracy with Shri Sarwant Singh and his wife Smt. Rajwant Kaur, Props. of M/s. National Mill Store, Budaun, during the month of June, 1982 to cheat the State Bank of India, Budaun, and in pursuance of the said criminal conspiracy an amount of Rs. 54,600/- was withdrawn on the basis of false credit entry made in the books of accounts of the Bank and connected credit and debit vouchers were also prepared and passed by the accused employees of the Bank and payments were made to the accused persons, namely, Shri Sarwant Singh and Smt. Rajwant Kaur who tendered cheque No. 348459 dated 2-5-1982 for Rs. 18,600/- cheque No. 348482 for Rs. 19,200/- (dt. 2-6-1982) and cheque No. 502206 dated 2-6-82 for Rs. 16,800/- = Rs. 54,600/- The above facts constitute offence punishable under Ss. 120-B, 420, 468, 471, I.P.C. and 5(2) r/w 5(1)(d) of PC Act, 1947. A regular case is therefore registered and its investigation is entrusted to Shri V.P. Arya, Inspector of this establishment." According to the FIR, as against three cheques of the aggregate amount of Rs. 54,600/-, presumably of three different Banks, a credit entry was made in the accounts of M/s. National Mill Stores Co.' Budaun, and M/s. New Manufacturing Co., Budaun, and their partners, Sardar Sarwant Singh and his wife Smt. Rajwant Kaur, in the State Bank of India and the said sum of Rs. 54,600/- was allowed to be withdrawn by them by the respondent and the accused P.C. Saxena.
(2.) The allegations in the FIR appear to be vague and although it is alleged that the respondent and the accused P.C. Saxena made false credit entries in the books of accounts of the Bank and connected credit and debit vouchers were also prepared and passed by them, no particulars of the same have been given. It appears from the charge-sheet that the said Shri Sarwant Singh and his wife Smt. Rajwant Kaur and their firms, namely, M/s. National Mill Stores Co., Budaun, and M/s. New Manufacturing Co., Budaun, have current accounts in the State Bank of India, Budaun. After the said three cheques amounting to Rs. 54,600/- were tendered, the respondent and the accused P.C. Saxena sent the said cheques for clearance and allowed the said Shri Sarwant Singh and his wife Smt. Rajwant Kaur to withdraw the sum of Rs. 51,600/- from their current account.
(3.) It is a well settled principle of law that if the allegations made in the FIR are taken at their face value and accepted in their entirety do not constitute an offence, the criminal proceedings instituted on the basis of such FIR should be quashed. In the instant case, on the basis of the said FIR the respondent and the said P.C. Saxena and Shri Sarwant Singh were charged under Ss. 120-B, 420,468 and 471, I.P. C. and S. 5(2) read with S. 5(1)(d) of the Prevention of Courruption Act, 1947. According to the appellant, as no prima facie case was made out against Smt. Rajwant Kaur, wife of Shri Sarwant Singh, she has been dropped from the array of the accused persons.;