- (1.) These two misc. petitions have been filed under Section 482 Cr.P.C. by the petitioner Virendra Modi, Managing Director of the respondent No.2 Madhav Nagrik Sahkari Bank Limited, Sirohi aggrieved by the order dtd.5.7.2005 passed by the learned trial Court taking cognizance of offences under Sections 420, 467, 468 and 471 I.P.C. read with Section 120B I.P.C. on the basis of charge-sehet dtd.27.6.2003 filed by the Investigating agency.
(2.) The case of the petitioner is that the petitioner being Managing Director of the respondent No.2 Bank filed a FIR on 30.5.2001 alleging therein that the accused Man Singh Deora and Ratan Singh Deora, both advocates practicing in Sirohi committed forgery in the awards passed by the Motor Accident Claims Tribunal in some cases and instead of compensation amount required to be deposited in the State Bank of India, Sirohi, by forging the award and signature of the Presiding Officer, deposited the said amount with the respondent No.2 - Bank which money was withdrawn by these two accused persons by forging the signatures of the claimants also and thus, on account of this cheating and forgery committed by these accused persons, the matter deserves to be investigated.
(3.) The learned counsel for the petitioner submitted that since initially the investigation of the matter did not proceed fairly, the petitioner approached this Court by way of criminal misc. petition No.502/2001 in the capacity of Manging Director of the said Bank, in which a detailed order was passed by the coordinate Bench of this Court on 3.3.2003 and since the investigation was handed over to Dy. S.P. Asha Ram in connection with FIR No.116/2001 and 107/2001 thereafter the investigation proceeded fairly. However, in the said order, it is also noticed at page 5 that without intimation to this Court, the investigation was changed and given to Additional S.P. Bhahadur Khan, which remained with the Additional S.P. Bhahadur Khan upto 3.8.2002 and from June, 2001 till 3.3.2003, since investigation has not been completed for one reason or other, one Dherendra Kumar Khichi, Addl. S.P., appeared before this Court and submitted that the investigation has now been assigned to him and keeping in view the past history of investigation, he prayed for some time to conduct further fair and impartial investigation and file report within a period of four weeks. Later on, the police proposed to filed charge-sheet before the learned Court below and thereupon, the said misc. petition came to be disposed of vide order dtd.29.5.2003. Upon such re-investigation ordered in between, a charge-sheet No.93 dtd.13.6.2005 was filed before the learned Chief Judicial Magistrate, Sirohi. On the basis of said charge-sheet, the impugned cognizance order has been passed by the learned trial Court on 5.7.2005, against which the petitioner has approached this Court by way of present misc. petitions. The two misc. petitions have been filed as two FIRs were filed by the complainant.;