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Judgment
Heard learned counsel for the petitioner and learned
counsel for the State.
Petitioner seeks quashing of the order dated
08.08.2011 passed by the Sessions Judge, Purnea in Cr. Revision No.
244 of 2011 thereby upheld the order rejecting the petition of
discharged filed by the petitioner dated 19.04.2011.
Brief fact giving rise to the case is that complainant
had an account under Daily Saving Scheme in local Sahara India
Branch Araria and used to deposit Rs. 20/- per day. It is alleged that
maturity amount with interest was Rs. 60,000/- to Rs. 70,000/- which
was not being paid by creating a forged document that the
complainant had taken loan of Rs. 14,000/-.
Learned counsel for the petitioner submits that
maturity amount was not being paid as a loan was taken against that
amount by the informant ,however, maturity amount of Rs. 51,841/-
was paid to the complainant pursuant to order dated 03.09.1998
passed in Cr. Misc. No. 17311 of 1998. This fact is also reflected from
the order dated 10.12.2002 passed by the State Consumer Disputes
Redressal Forum (Annexure-3 of the application); moreover the local
Branch Mangers, where the money was deposited, they also
preferred quashing application against the same impugned order, and
the criminal proceedings against Madhav Singh @ Madhav Kumar
Singh and Brajesh Pandey, accused nos. 2 and 3 of the FIR, was set
aside by order dated 10.02.2015 passed in Cr. Misc. No. 4375 of
2012. Similar is the position with the petitioner''s case; moreover,
Sahara India was not made accused and the petitioner was Regional
Manager at the relevant point of time.
Having considered the submissions and on perusal of
record, it becomes apparent that maturity amount ahs been paid to the
informant and case of the petitioner is on identical footing to the case
of accused Madhav Singh @ Madhav Kumar Singh and Brajesh
Pandey who are local Manager and cashier, and the petitioner was
Regional Manager at Purnea. So the entire criminal proceeding of
Ararea P.S.Case No. 238 of 1997 with respect to the petitioner only
stands quashed.
The application stands allowed.