B.N. Karia, J.

The applicant-original accused has preferred this application under Section 482 of the Code of Criminal Procedure, 1973 {"CrPC" for brevity} for quashing and setting aside the order passed in Criminal Revision Application No. 25 of 2008 and Criminal Revision Application No. 26 of 2008 dated 16.09.2008 and an order passed by the learned JMFC, below discharge application dated 17.03.2016 arising out of the complaint, being Criminal Case No. 1025 of 2005 registered with the Judicial Magistrate, First Class, Prantij for the offence punishable under Section 420 of the Indian Penal Code.

2. Brief facts of the case are that complainant belongs to village Vaghpur, Ta: Prantij, District: Sabarkantha and doing agricultural work and rendering service as a Secretary to the Vaghpur Seva Sahakari Mandali [For short 'Mandali'] and whereas, at the time of occurrence, the applicant/accused was serving as Loan Inspector with Sabarkantha District Seva Cooperative Bank Limited, Prantij Branch. Being a Loan Inspector and resident of the same village, accused used to often come at the Mandali and thereby he developed relation with the complainant. At one point of time, the complainant requested to facilitate him for the amount of Rs. 20 lacs for establishing factory and thereby, the complainant and his Chairman made arrangement for loan amount in the name of members of Mandali and obtained necessary loan papers on 01.04.2003 entrusted to the accused person. That, being a Loan Inspector, the applicant got sanctioned loan for the said amount and misappropriated the whole amount. That, on loan being sanctioned, complainant and Chairman of the Mandali put their signatures over the cheques, which were entrusted to the accused, who in turn, encashed from the concerned bank, but did not remit the said amount of loan. That, the members of the Mandali as well as Chairman pressurised the respondent no.2, so in response thereof, the respondent no.2 issued a cheque of Rs. 20 lacs on 10.03.2005.

2.2. On presentation of the said cheque, it is informed from the concerned bank that the said cheque was dishonoured with an endorsement of 'account closed', and thereby, the respondent no.2 committed cheating with the complainant and the members of the Mandali.

2.3. On account of his dishonest and malicious action, the complainant lodged criminal case against the respondent no.2 before the learned JMFC, Prantij and the same was registered as Criminal Inquiry Case No. 16 of 2005, and thereafter, learned Magistrate was pleased to pass an order under Section 156(3) Cr.PC, which has been investigated by PSI, Prantij and after collecting evidence, the Investigating Officer has filed charge sheet against the respondent no.2 on 07.07.2005 and thereby, learned Magistrate was pleased to issue summons against respondent no.2. Thereafter, he preferred discharge application under Section 239 CrPC, wherein learned Magistrate was pleased to allow the said discharge application.

2.4. Being aggrieved by and dissatisfied with order of the learned JMFC, Prantij, Ori. Complainant and State of Gujarat preferred Criminal Revision Application before the learned Additional Sessions Judge, Sabarkantha at Himmatnagar, being Criminal Revision Application No. 25 of 2008 and 26 of 2008 and while considering the facts and material available on record, the learned Judge was pleased to dismiss the said Revision Application of the complainant and the State on 16.09.2008.

3. Heard learned advocate Mr. Ashish M. Dagli appearing on behalf of the applicant, learned advocate Mr. NV Gandhi appearing on behalf of the respondent no.2 and learned APP Mr. KP Raval appearing on behalf of the respondent no.1-State.

4. Learned advocate Mr. Ashish M. Dagli appearing on behalf of the applicant has submitted that the learned Judge ought to have considered the statement of witness, who is the member of the Mandali viz. Laxmanbhai Dipsinh, who has supported the case of the complainant in to and also