IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17814 of 2007 ANANT KUMAR SINHA @ ANANT LAL Versus STATE OF BIHAR & ANR ----------- 5 6.5.2009 Heard learned counsel for the petitioner, learned counsel for opposite party no.2 and learned APP for the State. Petitioner is aggrieved by the order taking cognizance dated 11.12.2006 passed by Judicial Magistrate, 1st Class, Bhabhua which arose out of Complaint Case No. 864 of 2006. Primarily the allegation in the complaint is that the complainant was an employee of the State Tube Well Division Mohania and after retirement from the post of Tube Well Pumping Fitter certain payments came to be made under the retirement heads. The petitioner who is a cashier paid Rs. 44,000/- as well as Rs. 71,000/- to the complainant but he did not hand over the cash to him and induced him to deposit the same in the Bank account and thereafter the complainant along with the petitioner went to Bank for opening an account. Petitioner talked to the Bank Manager and said that the amount has been deposited in the account and thereafter the money has vanished. Based on the same allegation and the evidence cognizance has been taken under sections 406, 323, 504, 420 and 120B of the Penal Code. Learned counsel for the petitioner submits that the allegation is false and frivolous. He has got evidence by way of annexure-4 to show that there are transactions from the Account and money has been drawn by the complainant and that by itself is a good ground for quashing as harassment is being caused to the petitioner. Learned counsel representing the opposite party no.2 - 2 - submits that the allegation is true. The petitioner who is a cashier after taking the complainant in good faith has taken him to Bank for opening the Account and without doing the same misappropriated the same as he is a semi literate person. The submissions and materials brought on record as annexures cannot be used as a basis for exonerating the petitioner for the charges. These are the matters of records and evidence which can best be appreciated during the trial. This Court is not inclined to interfere with the order impugned. This application is accordingly dismissed. RPS (Ajay Kumar Tripathi,J.)