ORDER :

1. By way of this petition under Section 482 of the Cr.P.C. a prayer is made to the effect that the impugned complaint being C.R. No. I-50 of 2015 lodged before the Unjha Police Station dated 17.04.2015 be quashed and set aside.

2. The brief background of the case as stated by the petitioner, who is the original accused No. 2, is that the present petitioner was serving as a principal with the Tundav Pay Center School at village Tundav till September, 2014, and during the said period, as alleged by the complainant in the complaint lodged before the Unjha Police Station that the petitioner has misused the cheque and withdrawn an amount of Rs. 49,700/- from the State Bank of India, Unjha Branch in the month of April, 2014. The detailed assertion and allegations are levelled in the FIR which is annexed at Annexure-A. It has been alleged in the complaint that initially the petitioner was serving as a principal with the Tundav Pay Center School, however, then he resigned from his services on 23.09.2014. Thereafter, after the petitioner resigned from his services, the present respondent No. 2-original complainant accepted the charge of the post of principal on 20.10.2014 and started performing her duties as a principal. It is submitted that two cheque books were handed over to her till the use of Cheque No. 471285, however, the allegation of misusing Cheque No. 471329 by the petitioner is not believable as after using more than 40 cheques, the present complaint has been filed by the complainant. Further, the charge of the principal was handed over to the complainant in the presence of the Taluka Education Officer, ans. as such, the present petitioner has been falsely implicated in the present offence and, hence, for seeking quashment of the complaint, the present petition is brought before this Court under Section 482 of the Cr.P.C. by raising multiple contentions.

3. On 22.06.2015, notice came to be issued by the previous Bench and an interim protection was granted to the petitioner. Thereafter, after the matter being adjourned from time to time and the pleadings having been completed, it has come up for consideration before this Court, and with the consent of the learned counsel appearing for the parties, the matter is taken up for final disposal.

4. The learned advocate Mr. Paresh Patel, who has received instructions to appear on behalf of the petitioner, has vehemently contended that the allegations levelled against the petitioner are false, frivolous and concocted one, and thereby an attempt is made to implicate the petitioner in a false prosecution since he has resigned from the services. Mr. Patel has further submitted that the charge has been handed over to the complainant with a clear endorsement and in the presence of the Taluka Education Officer. He has further submitted that, at the relevant point of time, without raising any grievance, the charge had been taken over by the complainant, and after a period of almost seven months, only with a view to save her skin, the liability of her own misappropriation is tried to be shifted upon the present petitioner by implicating him in a false prosecution, which circumstance, deserves consideration.

5. Learned advocate Mr. Patel has also submitted that the petitioner has not used the cheque in question for withdrawal purpose in any manner. On the contrary, the cheques have not been signed by the petitioner and nothing incriminating is found against the petitioner with respect to the allegations levelled in the complaint. On the contrary, in all, 43 cheques have already been used by the complainant prior to the use of cheque in question. It is only on account of the grudge against the petitioner that the false and frivolous complaint came to be filed. The petitioner handed over two cheque books in good faith to the complainant since she being the successor, and this good faith has been tried to be misused by implicating the petitioner in a false and frivolous case of such a serio