Important Point
Where allegations in FIR did not prima facie disclose criminal offence, it could be quashed in exercise of power u/s. 482 Cr.P.C.

Judgment

N.K. Mathur, J.— By way of instant petition under Section 482 Cr.P.C., the first petitioner Shri G.K. Purohit, Chief General Manager, State Bank of Bikaner and Jaipur and the second petitioner Shri S.K. Kothari, Manager (P.F. & Gratuity), State Bank of Bikaner and Jaipur seeks to quash the F.I.R. No. 40/1997 Police Station Kotwali, Sriganganagar filed by the second respondent Baij Nath Garg, a dismissed employee of the Bank (‘Branch Manager at Wair Branch (District Bharatpur) of the Bank’) for offence under Sections 406 and 420 I.P.C. The petitioners have also challenged the order dated 05-10-1998 passed by the Additional Chief Judicial Magistrate, Srikaranpur directing further investi-gation on a negative report forwarded by the police.

First information report :

2. On 04-02-1997 at 10:15 AM,

the second respondent Baijnath Garg submitted a written report at Police Station, Sriganganagar. It is averred that he has been dismissed by the Chief Manager (Operation) of S.B.B.J. Bank and he has challenged the said order by way of writ petition which is pending before the Rajasthan High Court, Jaipur Bench. He asked the Bank for payment of Provident Fund amount whereupon the Bank informed him that Bank’s contribution towards the Provident Fund is Rs. 1,27,254.50p and the member’s contribution is Rs. 1,80,178.50p in total Rs. 3,07,433/- for which he was required to produce an advance receipt. It is alleged that the Bank Officers by order dated 19-07-1995 misusing their powers sent a cheque dated 19-07-1995 only for a sum of Rs. 1,14,235.15p. It was claimed that the Bank was entitled to deduct Rs. 22,386/- and Rs. 43,557.35p out of the Bank contribution but Rs. 43,557.35p was wrongly deducted from his contri-bution. Thus, by wrongful deduction and not returning his Provident Fund amount, the Bank has misappropriated his amount. It is further averred that only Rs. 14,263/- could be deducted from his contribution but the Bank has wrongly deducted Rs. 22,386/-. The grievance has also been made with respect to the gratuity amount. It is averred that the informant is entitled to 15 months pay as gratuity to the tune of Rs. 1,57,500/- but the Bank has wrongly ordered that this amount could be realised from the money payable to the complainant and, thereafter, on 26-06-1996, the total amount of gratuity was ordered

to be forfeited. It is claimed that the order is illegal as the authority passing the said order had no authority to realise the loss caused to the Bank. It is further averred that as the loss caused by the informant’s act has not been determined and no court of law has yet found him guilty, the order of forfeiture of gratuity amount is illegal. It is submitted that the amount of Provident Fund as well as the gratuity are trust money and any adjustment of the said amount comes within the ambit of misappropriation. On this information, police registered a case for offence under Sections 420 and 406 I.P.C. and commenced the investigation.

Police report :

3. After usual investigation, police forwarded a negative report to the court of Chief Judicial Magistrate. It was revealed during the investigation that informant Baij Nath Garg was an officer in the Middle Management Category-III. As a consequence of disciplinary enquiry, he was dismissed from the service. The authority also passed the order of forfeiture of the Bank contribution in Provident Fund as well as the gratuity amount for realisation of financial loss suffered by the Bank on account of his misconduct. The police also found that after the retirement of Chief General Manager, the Executive Committee of the Bank passed an order authorising the General Manager (Operation) for taking appropriate disciplinary action. Thus, the order of termination was passed by Shri Prabhu Dayal, Chief General Manager as a disciplinary authority. The police also examined various provisions of Employees Provident Fund and Regulations of Bank and found that amount of loss to the Bank wa