The court reiterated that charges under Sections 406 and 420 IPC cannot coexist for the same transaction and emphasized cautious exercise of powers to quash proceedings, only to prevent abuse of process.

JUDGMENT :

CHAITALI CHATTERJEE DAS, J.

1. This revision application is filed for quashing of the proceedings in connection with special case no. 25 of 2022 arising out of G.R. Case no. 872 of 2022, under Section 420 /406/409/34 of the Indian Penal Code, where the charge-sheet has been submitted on 8.6.2022, under Sections 420 /406/409/467/468/471/477A/34 of the Indian penal code, 1860 pending before the Learned Special Judge, 1st Court, Hooghly.

2. The petitioner has been arraigned as an accused person in a criminal case initiated on the basis of a complaint lodged by the complainant/Opposite Party, No.2 alleging inter alia that on advice by Hooghly zonal office of UCO Bank, Bhadeshwar Branch on January 10, 2022, by Chief Manager of Bandel Branch, Shri P.K. Patra, a huge cash shortage of Rs. 7.5 lakhs was detected. It was alleged that after closure of cash transaction for January 10, 2022, cash ledger balance was found to be of Rs. 36, 56, 844, 58, whereas physical balance was Rs. 29,06,844,58. No cash, summary was available in the branch for January 7, 2022, and on further enquiry revealed unauthorised withdrawal of physical cash to the tune of Rs. 7.50 lakhs on January 7, 2022 from cash vault of the branch by Soumitra Mridha, Ex-Branch manager and one Soumik Dutta SWA - A, posted at the same branch and officiating as joint custodian of the vault ,without passing any transaction which resulted shortage of physical cash on January 7, 2022. Subsequently, he repaid the shortage of Rs. 7.50 lakhs on January 10, 2022, and immediately after that under the instruction of the competent authority, detailed departmental investigation was made in the said branch when other various fraudulent transactions and unauthorised activities conducted by the accused persons came to light. It is alleged that the offence in this case reflected cheating and misappropriation of cash of 1.41 crores approximately. Accordingly, the complaint was lodged for criminal breach of trust, cheating forgery etc. section, including misappropriation of fund.

3. The petitioner being one of the accused preferred an application under Section 239 of Cr.P.C. praying for discharge before the learned Additional Session Judge, 1st Court, Hooghly Chandannagar on June 9, 2023, but the petition was not heard as other accused persons were absconding and not the date petition was fixed for hearing of the petition on August 22, 2023. On account of non-presence of any advocate to represent the petitioner on that date, the Learned Court rejected the discharge petition without entering into the merit of the discharge petition and fixed the date for hearing of charge on 13. 10.2023. The petitioner approached the Court and the coordinate bench of this Court vide order dated 22.8.2023 directed the Learned Court to give an opportunity of hearing to the Learned Advocate representing the petitioner to address the Court on merit of the case and thereby set aside the order dated September 18, 2023.

4. The learned Trial Court again further hearing both the learned advocates rejected the said application on March 19, 2024, against which revisional application was filed by the petitioner before this Court being CRR no. 1351 of 2024 and prayed for withdrawal of the same which was allowed without liberty to file afresh on the self-same cause of action. Vide an order dated 30.7.2024, the coordinate bench of this court while passing such order of dismissal granted liberty to place all the points made out in the revisional application before the Learned Trial Court at th