Order on Board

Per Ramesh Sinha , Chief Justice

16 . 12 .2024

1. Heard Ms. Madhunisha Singh, learned counsel for the petitioner.

Digitally signed by BRIJMOHAN Also heard Mr. Shailendra Sharma, learned Panel Lawyer, appearing for BRIJMOHAN MORLE MORLE Date:

2024.12.16

18:04:04 +0530 respondent No. 1/State.

2. The present petition has been filed by the petitioner with the following prayer:

“It is, therefore, prayed that the Hon’ble High Court may kindly be pleased to allow this petition and set aside impugned FIR bearing No. 478 of 2022 dated 19.12.2022 at Police City Kotwali, Bilaspur, Chhattisgarh for an alleged offence punishable under Sections 420, 409 and 468 of the IPC along with charge-sheet No. 81 of 2023 dated 08.03.2023 with order taking cognizance dated 10.03.2023 under Section 420, 409, 467, 468, 471, 109 and 120-B/34 of the IPC and consequential criminal proceedings pending before Chief Judicial Magistrate, Bilaspur in Criminal Case No. 1940 of 2023 under Sections 420, 409, 467, 468, 471, 109 and 120-B/34 of the IPC is apparently bad in law, as such liable to be set aside by this Hon’ble Court.”

3. Brief facts of the case are that the petitioner was posted as Clerk- cum-In charge Cashier at Jila Sahkari Kendra Maryadit Bank, Branch Mandi Chowk, Bilaspur. It is alleged that on 09.12.2022, a written complaint was lodged by the Branch Manager of the Bank, namely, Hitesh Saluja that the present petitioner along with other co-accused persons have committed embezzlement of Rs. 14,70,000/-. On such complaint, Police registered the offence in Crime No. 478 of 2022 registered at Police Station City Kotwali, Bilaspur, District Bilaspur (C.G.) for the offences punishable under Sections 420, 409, 467, 468, 471, 109, 34 and

120-B of the IPC against the petitioner and other co-accused persons, namely, Shashank Shasti, Janki Prasad Shastri and Smt. Shashi Shastri who is the husband and in-laws of the petitioner.

4. Learned counsel for the petitioner submits that on 02.11.2022, the Branch Manager detected some irregularities in the transaction and after enquiry, it was found that there was embezzlement of Rs. 14,70,000/- and an agreement was entered into between the present petitioner and the Branch Manager, where the present petitioner admitted her guilt. It is further submitted that out of Rs. 14,70,000/-, the petitioner has already refunded Rs. 12,65,000/- to the Bank. She further submits that on 09.12.2022, the complainant lodged a written complaint where he stated about the misappropriated amount of Rs. 14,70,000/-, but without assigning any reason the amount has been enhanced to Rs. 80,00,000/-

from Rs. 14,70,000/- in the FIR.

5. It is further submitted by the learned counsel for the petitioner that the petitioner was compelled to enter into an agreement with the Bank, where the amount has been shown as Rs. 80,00,000/-. She also submits that the petitioner being an women subjected to harassment and false allegation were held by the respondent No. 2 in that respect the petitioner made written complaint to Superintendent of Police, Bilaspur regarding the sowing afÏdavit with coercion and harassment.

6. Learned counsel for the petitioner states that the petitioner has served to charge-sheet of department inquiry dated 20.09.2023 and supplementary charge-sheet dated 03.06.2024 and dated 24.07.2024 and the petitioner replied the charge-sheet in detailed countering all the allegation leveled against here. She also states that all the allegation level in the crime number against the petitioner being a single employee of the Bank she done all the works of Peon to Manager and done said crime from 01.01.2016 to 02.11.2022 and no one know about that for many years, however, the complaint made a false case to save himself and other employee from prosecution made the petitioner accused, who had done nothing nor a single amount has been seized from her and no witness had said they have been cheated on the hand of the petitioner, rather they say the co