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Madhya Pradesh High Court · body

2003 DIGILAW 46 (MP)

P. K. Samal v. State of M. P.

2003-01-08

SUBHASH SAMVATSAR

body2003
JUDGMENT With the consent of the parties, the matter is finally heard. By this application under section 482, CrPC, the applicant, who is Branch Manager of State Bank of Indore, has prayed for quashing of the First Information Report No. 50/02. A Copy of the First Information Report is filed by the applicant as Annexure 11. The name of the applicant is mentioned at Serial No. 7(2) of the FIR. The contention of Shri Vilas Tikhe, learned counsel for the applicant, is that there are absolutely no allegations against the applicant in the said First Information Report. The said FIR was lodged on 7.3.2002 on the basis of the complaint (Annexure A/8) filed by Ramesh Slo Rajaram Yadav. From the perusal of the First Information Report and the complaint, it appears that complainant Ramesh had applied for a loan of Rs. 28,000/- from the State Bank of Indore and the said loan was sanctioned and a cheque amounting to Rs. 28,000/- was issued, but after sanction of the loan the complainant has received an amount of Rs. 18,000/- and rest of the amount was withheld by one Veersingh S/o Narayan Singh, who was Secretary of the Panchayat. After perusing the complaint and FIR, I find that the submission made· by Shri Tikhe, learned counsel for the applicant, has a force. In the entire FIR and the complaint (Annexure A/8), the complainant has not made any allegation against the present applicant, still he is included in the FIR at. serial No. 7(2). Learned counsel for the respondents, however, urged that the First Information Report is lodged against the applicant on the ground that the amount of Rs. 10,000/- is withdrawn from the Bank from the account of Ramesh without any negotiable instrument. However, after perusal of the entire documents on record, I do not find any such allegation in any of the complaint lodged by the complainant or in the First In formation Report. In such circumstances, from the FIR no offence is made out against the applicant. Hence, the First Information Report No. 50/02, so far as it relates to the present applicant, is quashed. This application, thus, stands allowed.