IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Appln (C482) No. 657 of 2005 Subhash Singh Bhadauria S/O Sri B.S Bhadauria Presently posted as Manager Punjab National Bank, Gordhanpur P.S. Khanpur, Tehsil Laksar District-Haridwar ………. …. Applicant Versus 1. State of Uttaranchal 2. Civil Judge Junior Division, Laksar Haridwar 3. Udaipal S/O Shri Samya Singh R/O Gordhanpur, District Laksar, Haridwar ………………Respondents Shri Ashok Aggarwal, Advocate, present for the petitioner Shri B.S.Parihar, Brief Holder, present for the State Shri Amish Tiwari, Advocate, present for respondent no.3/complainant Hon’ble Prafulla C. Pant, J. By means of this petition, moved under section 482 of Code of Criminal Procedure, 1973, the petitioner has sought quashing of the order dated 31.08.2005, passed by Civil Judge (Junior Division)/ Judicial Magistrate, Laksar, District Haridwar in Criminal Complaint Case No. 312 of 2005, Udaipal vs. Munnalal and another, , pending in the court of Civil Judge (Junior Division)/ Judicial Magistrate, Laksar, District Haridwar. 2 (2) Heard learned counsel for the parties and perused the affidavit and counter affidavit. (3) Learned counsel for the petitioner submitted that petitioner is a manager with the Punjab National Bank. A Criminal complaint has been filed by the respondent no.3 Udaipal Singh on the ground that wrong entries have been made in his joint bank account along with the other account holders. Learned counsel for the petitioner contended that though there is no wrong entry in the account in question, and assuming for a moment that entries were wrong, merely for that reason the petitioner can not be prosecuted for the reason that there was no criminal intention on the part of the petitioner. It is pleaded that admittedly the complainant/respondent no.3 has a Kisan Credit Limit of Rs. 60,000/- from the Gordhanpur branch of Punjab National Bank. Attention of this court is also drawn to the copy of the cheque (Annexure-5 to the petition) showing that Samya Singh father of the complainant, who was joint account holder with his son, had deposited Rs. 59,000/- in his saving Account No. 1920. Out of said deposited amount in savings account, Rs. 30,000/- have been adjusted towards the credit loan of the complainant and his father in Kisan Credit Account No. 914, as is evident from Annexure-6 to the petition. 3 And the same was done as per the transfer voucher dated 24.01.2002 (copy Annexure-7 to the petition) issued by the complainant’s father Samya Singh to the bank. (4) Having considered submissions of learned counsel for the parties and after going through the papers on record, this court finds that the proceedings of criminal complaint in question filed by respondent no.3 Shri Udaipal Singh is an abuse of process of law as against the petitioner, a bank manager. Therefore, the impugned proceedings are liable to be quashed. (5) Accordingly, the petition under section 482 of Cr.P.C., is allowed and proceedings of Criminal Complaint Case No. 312 of 2005, Udaipal vs. Munnalal and another, , pending in the court of Civil Judge (Junior Division)/ Judicial Magistrate, Laksar, District Haridwar, are hereby quashed. Dt.29.6.2010 N.P (Prafulla C. Pant, J.) 4