Chandra Shekhar Jha, J.—This application preferred for quashing of the order dated 05.03.2016 passed in Criminal Revision No. 18 of 2015, as passed by the learned 5th Additional Sessions Judge, Saran at Chhapra and the order dated 21.01.2015 passed by learned Chief Judicial Magistrate, Saran at Chhapra in connection with Chhapra Town P.S. Case No. 52 of 2013.

2. The prosecution case in brief, as appears from Chhapra Town P.S. Case No. 52 of 2013, which was instituted on the written report dated 22.02.2013 of one Bhola Nath Gupta Chief Manager S.B.I., Chhapra Main Branch in which the copy of complaint made by the Opposite Party No. 2 to the Bank was also annexed, that during course of voucher verification on 07.02.2013, 14 vouchers were found missing and from enquiry it transpired that from Account No. 30180088441 of M/s. Brijwasi Bullians and Jewelers Private Limited at SBI, Lucknow Branch a total sum of Rs. 30,00,000/- (Thirty Lakhs) vide seven deposit vouchers was credited by the Petitioner (the then Senior Assistant at the SBI Chhapra Main Branch) and the entry was found authorized by Cash Officer Opposite Party No. 3 and it was further found that from another account of M/s. Brijwasi Bullians & Jewelers Private Limited bearing Account No. 18063757714 at SBI Lucknow Branch, a total sum of Rs. 30,00,000/- (Thirty Lakhs) had been debited vide seven debit vouchers, and the said debit and its approval was said to be done by the Petitioner and Opposite Party No. 3. It was further stated in the report that on 07.02.2013, M/s. Brijwasi Bullians & Jewelers Private Limited instituted a complaint by Fax in the Bank that the debited amount of Rs. 30,00,000/- (Thirty Lakh) from his account no. 10863757714 was unauthorized, as such the amount be credited in his said account. It has been further stated by the informant that on enquiry, no satisfactory reply was given by the Petitioner and Opposite Party no. 3 but on 11.02.2013, a sum of Rs. 30,06,000/- (Thirty Lakh & Six Thousand) has been got deposited in the over draft account no. 10318461651 standing in the name of Petitioner and on the same day that very amount was credited from account of Petitioner in the Account No. 10863757714 of M/s. Brijwasi Bullians & Jewelers Private Limited, whereafter complainant withdrew his complaint made to the Bank. It has been further stated that the petitioner did not follow the direction of the Bank and unauthorizedly acted and subsequently got deposited the debited amount which amount to misappropriation of Bank money. It has been further stated that one customer Omjee Prasad (Opposite Party No. 2) had filed a complaint received by Bank on 19.02.2013 in which he alleged that he had handed over a sum of Rs. 41,60,000/- (Forty One Lakh & Sixty Thousand) to the Petitioner on 05.02.2013 for being deposited in Account No. 30180088441 which stood in the name of M/s. Brijwasi Bullians & Jewelers Private Limited but the amount was not credited in the said account. It has been said by the informant that although Opposite Party No. 2 had not shown the receiving voucher to the Bank.

3. In view of aforesaid factual allegations, Chhapra Town P.S. Case No. 52 of 2013 was lodged on 20.02.2013 which upon investigation found false and charge-sheet submitted by exonerating petitioner.

4. Learned counsel appearing for the petitioner submitted that the complainant personally lodged a criminal complaint case with same facts and allegations which was registered as complaint Case No. 338 of 2013 which was sent to police to investigate matter after lodging FIR under Section 156(3) of the Cr.P.C. It is submitted that FIR regarding same occurrence had already lodged by Bank which was registered as Chhapra Town P.S. Case No. 52 of 2013, where investigating officer of this case without registering the another FIR, as directed, investigate the complaint alongwith Chhapra Town P.S. Case No. 52 of 2013. This fact is very clear from Annexure-V, which is charge-sheet of Chhapra Town P