Petitjoner HiGH COURTOF CHHATTISGARH AT BiLASPUR Cr.M.P.No.70of2010 Rameshwar aged 50 years S/o Nandiai Sahu R/o Viiiags Madai, Tah. Masturi Distt.Bilaspur (C.G.) Versus 1. Bhoia Prasad aged 45 years Branch Manager, Union Bank of India Branch Biiaspur (C.G.) 2. Bahoranlai aged 40 yeare S/o Rewaram R/o Kirari P.S. Masturi Tah. Masturi, Distt.Biiaspur (C.G.) (Petstion under Section 482 ofthe Cr.P.C.) (SB: Hon'bie Mr. T.P. Sharma, J.) Present: Mr.Anand Kumar Gupta, counss! for the pstitioner. ORAL ORDER (Passed on 13"* January, 2011) 1. By this pstition under Section 482 of the Cr.P.C., ths petitioner has chaiienged legality and propriety ofthe orcler dated8.12.2009 passed byths 8sh Additional Sessions Judge (F.T.C.), Bilaspur in Criminal Revision No.184/09, affirming the order dated 21.10.2009 passed by the Chief Judiciai Magistrate, Biiaspur in unregistsred criminai case (Rameshwar v. Bhoia Prasad and another), whereby iearned Chtef Judicial hflagistrate has dismissed the compiaint under Section 203 of the Cr.P.C. on the ground that there is no prima facie material for procseding agsinst the respondents. Same was chaiienged before the revisionai Court and vide order impugned, the rsvisionai Court has aiso ciismissed the revision. 2. ! have heard learned counsei for the pstitioner, perused ttie orcser impugned and ofher documenfs fiied on behalf ofthe petitioner. 3. Originaily account was opened in the name of the present petitioner and respondent No.2 Bahoran, but after !apss of three ysars by filing one appiication, name of the present peftioner has been deieted in th®bank account and respondent No.2 has withdrawn the entire amount receivea from N.T.P.C. as an amount of compensation and thsreby committad chsating and forgery and has used the document as gsnuine. 7 .•ifs:sa 1 '^ ~~ 7 h '%^Jf "T",iS -2- 4. From perusai of the documents, it appears that account was opened in the name of the petitioner and respondent No.2 having their signafejres and photographs, but irs the year 2006 on the basis of appiication of respondent No.2, name of the present pstitioner has been dsteted from ths bank account. The pressnt petitioner has not authorized the bank who has deisted of such name, but the fact remsined that originaiiy account wss opened in the name of two persons and subsequently name of the present peSiSioner has been deieted. In these circumstsncss, the tria! Court was under obiigaUon to provids an opportunity of examining the witnssses reiating to the aiieged fact and by not providing such opportunity the triai Court has committed iiiegaiity resuiting into prejudics to the petitioner. 5. Consequently, the petition is silowed. Order impugned and order of the Chief Judiciai Magistrate, Biiaspur are hersby set asids. Case is remstted to the Court of Chief Juciicial Magistrate, Biiaspur for providing an opportunity of examining the v/itnesses to the pstitioner and to make further inquiry in terms of Section 398 of the Cr.P.C. and to pass the order afresh. The pstitioner is directed to remain present before the tria! Court on 14.3.2011. Sd/- T.P. Sharma Judge