Anil Kumar Srivastava, J. - (1.) These petitions have been filed to quash the charge sheet no.3813 of 2006 dated 23.12.2006 in case crime no.37 of 2004, under sections 419, 420, 406, 408, 409, 468, 467, 471, 204 and 120 B IPC, Police Station Kotwali, District Raebearli and also for quashing the cognizance taken by the learned Magistrate in the matter.
(2.) According to the prosecution version petitioner namely Abdul Sayeed Khan has committed embezzlement of Rs.2739/- in financial year 2001-2002. FIR was lodged after four years. Petitioner is a contractor who is mainly undertaking the contract work of Irrigation Department. One Banne, son of Nanhe, resident of Mohalla Andru Kalan Bada Kuan Raebareli is the Manager of District Co-operative Bank Raebareli. In order to establish his popularity, he used to advance money from the bank as clean overdraft and as security for loan amount he takes the signed blank cheques from the businessmen. Whenever the loan advanced becomes overdue, he issues a notice to the concerned businessman to make the account regular by making payment of amount advanced to them. He asked the petitioner to open two bank accounts, one in the morning branch and other in the evening branch. The sum advanced by way of loan to the petitioner was shown from the morning branch of the bank and amount of loan advanced was shown to have been paid from evening branch. No statement of account was ever given to the petitioner. Petitioner used to issue blank cheques to Banne khan. The difference of margin between the amount mentioned in the cheque and the amount of loan used to be 4 to 5%. Sometimes margin money was also paid in cash.
(3.) A registered notice was received by the petitioner on 11.02.2004 in respect of his savings bank account no.5640 wherein it was shown that the petitioner has withdrawn Rs.2379/- in an irregular manner from his account in collusion with Banne Khan. Petitioner was asked to deposit Rs.3884/- which amount was deposited on 27.02.2004 which delay was unintentional. No amount was withdrawn in an illegal or irregular manner. Amount was withdrawn under the cover of blank cheques which Banne Khan has taken from the petitioner as security of loan advanced to him. No offence whatsoever it may be has been committed by the petitioner. Entries in the bank ledger are being made by the bank officials. Whatever money was advanced as loan to the petitioner it was on the security of the blank cheques signed by him and delivered to the Manager. Neither any amount was entrusted nor misappropriated by the petitioner. Charge sheet has been submitted against law and the cognizance has also been taken against law.;