RAKESH KUMAR SHARMA Vs. CENTRAL BANK OF INDIA

JUDGEMENT

(1.) NON-APPLICANT Central Bank of India through its Branch Manager filed a complaint against the applicant and one Avinash Sengar, under sections 447, 448 and 454, Indian Penal Code.

(2.) THE learned trial Court without examining the complainant under section 200, Criminal Procedure Code or his witnesses under section 202, Criminal Procedure Code registered the complaint and issued process to the applicant and another. Aggrieved by issue of process, the applicant has filed this petition under section 482, Criminal Procedure Code.

(3.) THE learned counsel for the applicant submitted that the learned trial Court committed error in issuing of process without examining the complainant and his witnesses. He invited my attention to section 200, Criminal Procedure Code under which the Magistrate is bound to examine the complaint. Such examination is not necessary only if the complainant is a 'public servant' and the complaint is filed acting or purporting to act in the discharge of his official duties. He referred to the definition of word 'public servant' in section 21 of the Indian Penal Code. According to him the Branch Manager of Central Bank of India is not a public servant within the meaning of section 21 of the Code. The omission to examine the complainant is therefore, a material irregularity and the order issuing process is liable to be quashed.