IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.48139 of 2008 GULAM SARWAR @ SARWAR ALI …. PETITIONER Versus STATE OF BIHAR THRU.C.B.I. …. OPP. PARTY ----------- 2. 4.12.2008 Heard Sri Satyendra Rai, Advocate for the petitioner and Sri Bipin Kumar Sinha, S.C. for the C.B.I. The railways had to make payment of Rs. 1796/- only in favour of one retired employee Md. Izrail. The cheque was issued of the above value in the name of the beneficiary. The beneficiary Md. Izrail lost the cheque. The loss was reported to the railways. The loss was in transit. The petitioner led his hand over the cheque and raised the amount from 1796/- to Rs. 9,75,574/- and by creating an account in the Allahabad Bank in the name of a firm M/S General Engineering Works of which he projected Ekhlak Ahmad as the proprietor deposited the cheque for collection. The petitioner is not named as may appear from the First Informant Report of CBI, but while he was going to the bank, he was pasting his photograph in the relevant documents of the bank for opening an account. There was a communication to the bank for not paying up the cheque. This is how the petitioner was made an accused in the case. - 2 - The contention is that the account was opened on the introduction of the petitioner by one of the co-accused Md. Rasul, who happens to be the brother-in-law of the petitioner and that accused has been admitted to bail by one of the benches of the court. The learned counsel appearing for the CBI submits that as regards the real acts of commission of the offence, such as, laying hands on the cheque which was in transit, putting up the photograph of the petitioner for opening the account and presenting the cheque by changing his name by the petitioner for collection, those were the acts committed by the petitioner. Mere introduction of a person might be be an act as serious as an offence as appears committed by this petitioner. Regard being had to the facts of the case and the implications of the act upon working of the system correctly, I do not find any merit in the present petition and the same is dismissed. DKS/ (Dharnidhar Jha, J.)