Judgment 1. Heard. 2. This application under Sec. 482 Cr.P.C. has been filed to quash the order of cognizance dated 2.4.2006 passed by C.J.M., Patna in Sachiwalaya (Gardanibagh) P.S. Case No. 306 of 2003 thereby and thereunder cognizance under Sec. 409 I.P.C. has been taken against the petitioner. 3. On perusal of fardbeyan, it appears that there is a Police Benovolent Scheme and Education Scheme in the department. From all the districts, constable to inspector rank of personnels of the police used to deduct Rs. 15/- under both the schemes. In the year 2001-02, it has been alleged that total of Rs. 1,59,000.00 amount were sent to the head office of which this petitioner is a Section Officer. This petitioner deposited only Rs. 11,38,198/- only and he mis-appropriated Rs. 20,802/-. Accordingly, the fardbeyan was lodged. The police after investigation submitted chargesheet. The learned C.J.M., thereafter, took cognizance vide impugned order. 4. The submission of the learned counsel for the petitioner is that there is no question of passing any cash in hand of this petitioner. According to Police Order Nos. 210 and 211 of 1988, the amounts have to be remitted through draft to be deposited in the account of respective police personnel. Therefore, there is no question of any embezzlement any cash. Since only Rs. 1,38,198/- was received in the office and, therefore, only that amount was deposited in their respective account under the scheme. In support of his contention, he has filed the photostat copy of Police Order Nos. 210 and 211 of 1988. 5. Perused the Police Order Nos. 210 and 211 of 1988 as well as the averments made in the fardbeyan. On perusal of the fardbeyan, it appears that actually, fardbeyan has been lodged mere on presumption that the police personnel must have remitted the amount at the prevailing rate under the scheme. The fardbeyan does not go to show that matter was actually verified by any officer. Mere on calculation, it has been inferred that Rs. 20,802/- was embezzled or mis-appropriated by the petitioner. The question of mis-appropriation of any fund does not arise as all the amounts had to be remitted by Bank Draft and not in cash. 6. Thus, having regard to the facts and circumstances of the case, this application filed under Sec. 482 Cr.P.C. is hereby allowed and the impugned order of cognizance is quashed.