THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.11860 of 2011 ORDER: This Criminal Petition is filed under Section 482 Cr.P.C., to quash the proceedings in Crime No.51 of 2011 of P.S. Nellore District, registered for the offence punishable under Section 409 of IPC. Heard. It is the case of the prosecution that the 2nd respondent lodged a complaint on 24.8.2011 before the Udayagiri Police Station alleging that on 28.6.2011 one Mala Kondaiah deposited an amount of Rs.20,000/- in the account of one S. Babu in the cash counter of the petitioner but the petitioner herein deposited the said amount in his account. The learned counsel for the petitioner submitted that when the petitioner was informed about non deposit of the amount in the account of the customer, he immediately realised his mistake and deposited the amount into the customer’s account on 29.6.2011 itself and requested the 2nd respondent who is the Branch Manager of the concerned Bank to treat the same as his first mistake and to forgive him; that the petitioner had already deposited the amount on 29.6.2011 and hence the question of committing any act of breach of trust does not arise and hence he prays to allow the petition. On perusal of the entire material available on record, it is evident that the petitioner failed to credit the amount in the customer’s account and credited the same in his account and hence this is a matter which has to be investigated by the police. Therefore, this Court is not inclined to quash the proceedings in the said crime at this stage. However, considering the facts and circumstances of the case, the concerned police are directed to complete the investigation of the case and file the final report either way without arresting the petitioner. Accordingly, the Criminal Petition is disposed of. Miscellaneous Petitions filed in this Criminal Petition, if any, shall stand closed. _________________ RAJA ELANGO,J Date:23.11.2011. Gk. THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.11860 of 2011 Date: 23.11.2011. Gk.