TITLE: Girishbhai Ambalal Rathod Versus State of Gujarat
Decided On-: August 17, 2023
30834 of 2016
CORAM: Hon’ble Justice Mr. J.C Doshi
INTRODUCTION-
The current petition requests that the FIR be quashed. the offences that the respondent eventually registered that are prohibited by Sections 409 and 114 of the IPC.
FACTS OF THE CASE
In a nutshell, the petitioner’s case is that Mr Harishbhai Maganbhai Parmar, who was shown accused No. 1, served as the branch’s head cash officer while the petitioner served as deputy manager (accounts), and that it was their joint responsibility to balance the bank’s accounts (currency). The Nodal Office, SBI, Ahmedabad, conducted a surprise check on December 19, 2006, and after verifying the account, it was discovered that there was a deficit of Rs. 4,52,500 in coins. Furthermore, it is stated that the petitioner and Mr. Harishbhai are in charge of keeping all the currency notes in the currency chest. After verifying that a deficit of Rs. 4,525,000 had been recorded during the unexpected visit, the bank manager filed a FIR with the Dehgam Police Station, alleging the aforementioned offence.
COURT ANALYSIS AND DECISION
Mr. Buch, a knowledgeable advocate for the petitioner, will make two submissions. First, it must be established beyond a reasonable doubt that the sum of Rs. 4,52,500, for which the alleged offence is being investigated, was returned to the SBI and deposited in the bank. He would also argue that although the alleged incident allegedly occurred in 2006, the FIR wasn’t filed until almost ten years later, in 2016. He would argue that it appears the reason for the delay in filing the FIR is not adequately explained after reading the contents of the FIR. He would argue that it appears the reason for the delay in filing the FIR is not adequately explained after reading the contents of the FIR.
The first informant responded that SBI had no intention to initiate any criminal proceedings, specifically in light of the findings recorded in the departmental inquiry. However, since the RBI directed the SBI to lodge the FIR, the Bank thought it appropriate to lodge the FIR after a delayed period of ten years from the date of the RBI’s order. This, he would contend, is contrary to the order dated 27/12/2016 passed by this Court.
He would also contend that, when considering such factors, it is improbable that the criminal breach of trust offence, punishable under Section 409 of the IPC, is established. Learned APP would also argue that a fair reading of the departmental inquiry’s findings would show that the petitioner has been punished by having his or her pay scale reduced by one stage for a year, with the instruction that he or she is not allowed to receive pay raises during that time, and that when that time period has passed, the reduction will have the effect of delaying future raises. Due to these circumstances, the FIR is claimed to be prima facie true because it was determined even during the departmental investigation that the petitioner had indeed committed the alleged mischief. He would argue that, while the petitioner’s defence can be examined during the course of the trial, it is not possible, under the authority of Section 482 of the Code, to examine the complaint/FIR in juxtaposition to the various probabilities raised by the petitioner.
Learned APP requests that the current petition be dismissed in light of these submissions. Because of this, it will not be sufficient for the Court to simply consider the claims made in the FIR or complaint in order to determine whether or not the essential elements constituting the alleged offence are disclosed. In frivolous or vexatious proceedings, the court has a duty to look into numerous additional accompanying circumstances that emerge from the case record in addition to the averments and, if necessary, attempt to read between the lines with due care and caution.
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Written by- Steffi Desousa
