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Judgment
Prafulla C. Pant, J.—Supplementary affidavit filed on behalf of the Petitioner. Same be taken on record.
Heard.
By means of this writ petition moved under Article 226 of Constitution of India, the Petitioner has sought quashing of the First Information Report dated 25.08.2011, registered as Crime No. 207 of 2011, relating to offences punishable u/s 420, 465, 467 and 409 I.P.C., Police Station Kotwali Gangnahar, District Hardwar.
Petitioner is a Chief Manager of Punjab National Bank, Branch Roorkee. Serious allegations of cheating and criminal mis appropriation of crores of rupees are made against Roorkee Steel Company, in collusion of bank whereby wrongful loss was caused to the Uttarkhand Power Corporation Limited in respect of the fitteen cheques deposited by said consumer in the bank between October 2010 and February 2011. The defence taken by the Petitioner is that the cheques were dishonoured and it was not his duty to inform the complainant. It was second officer (one P.K. Juneja) who was responsible for maintaining the Lapses Register and Deviation Register.
Having heard learned Counsel for the Petitioner, and learned Counsel for the State, and after going through the contents of the First Information Report, this Court is of the view that it is the duty of the Investigating Officer to investigate as to who were the persons including the consumer (Roorkee Steel Company), the officers of Punjab National Bank and Ors. responsible for the cheating committed with the complainant, Uttarkhand Power Corporation Limited.
In the facts and circumstances of the case, this Court is not inclined to interfere with the investigation of the case. The writ petition is dismissed summarily. (Stay Application No. 9067 of 2011, stands disposed of).