Case Facts:
Patna High Court Cr.Misc. No.29534 of 2008 (18) dt.03-08-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.29534 of 2008 ====================================================== Girish Kumar .... .... Petitioner/s Versus State Of Bihar & Anr .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE MANDHATA SINGH ORAL ORDER 18 03-08-2012 This is an application for quashing the order dated 20.7.2007 passed by the learned Judicial Magistrate, Ist Class, Nawadah, by which learned Magistrate took cognizance under [STATUTE] . in connection with Nawadah P. S. Case No.407 of 1997. Heard learned counsel for the petitioner and learned counsel for the State. Allegation in the case is that huge amount of cash credit withdrawn, deposited in different accounts and again misappropriated. Admittedly, the amount is of Rs. fifty lacs (50,00,000/-) which first credited in different accounts of Upendra Prasad Singh’s family members and this petitioner along with one Arjun Sharma and his company men including relations. Now, submission of learned counsel for the petitioner is that petitioner and others, save and except, co-accused Upendra Prasad Singh and Arjun Sharma were non-concerned with deposit in their accounts or withdrawal there from. It were also operated by co-accused Upendra Prasad Singh and Arjun Sharma. Admission is also there of Upendra Prasad Singh and Arjun Sharma along with this petitioner and others. Misappropriation is admitted, apparently account holders also appear beneficiary prima facie participant of the crime. Taking into consideration their statement, which can Patna High Court Cr.Misc. No.29534 of 2008 (18) dt.03-08-2012 be said confession also exoneration of any of them for quashing appears not justified. Accordingly, this quashing application is dismissed hereby. However, points can be raised in the Court below at appropriate stage and shall be considered by the trial Court itself. Vikash/- (Mandhata Singh, J)

Applicable IPC Section: 467

Statute Text:
Section 467 of the Indian Penal Code. Forgery of a valuable security, will or authority to make or transfer any valuable security, or to receive any money, etc. Whoever forges a document which purports to be a valuable security or a will, or an authority to adopt a son, or which purports to give authority to any person to make or transfer any valuable security, or to receive the principal, interest or dividends thereon, or to receive or deliver any money, movable property, or valuable security, or any document purporting to be an acquittance or receipt acknowledging the payment of money, or an acquittance or receipt for the delivery of any movable property or valuable security, shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.