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Patna High Court

A. K. BhatiaversusState Of Bihar and Anr

Decided
Disposal
ALLOWED

Holding

The order taking cognizance against the petitioner is unsustainable and is quashed.

Summary

A complaint was filed by Rajesh Kumar alleging that a fixed deposit of Rs.25,000 made in 2001 was tampered with and encashed in 2004 by officials of Madhya Bihar Gramin Bank. The petitioner, A.K. Bhatia, who became Chairman of the bank in 2014, sought to quash the magistrate's order of cognizance dated 05.01.2016 under IPC sections 406 and 420. The court noted that no specific allegation was made against Bhatia and that the alleged misconduct occurred a decade before he assumed office. It further observed that cognizance against a public servant requires prior sanction under CrPC section 197, which was absent. Relying on the Supreme Court’s decision in G.C. Manjunath & Ors. v. Seetaram, the court held the cognizance order illegal. Consequently, the order taking cognizance against the petitioner was quashed. The application for quash was allowed.

Issues considered

  • Whether cognizance can be taken against a public servant without prior sanction under CrPC section 197.
  • Whether the petitioner was specifically implicated in the alleged offences of cheating and criminal breach of trust.
  • Whether the continuation of criminal proceedings against the petitioner amounts to an abuse of process.

Legislation cited

Subjects

  • public servant
  • section 197
  • quash of criminal proceeding
  • abuse of process
  • cheating
  • criminal breach of trust
  • fixed deposit fraud

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.43644 of 2016
                  Arising Out of PS. Case No.-980 Year-2014 Thana- GAYA COMPLAINT CASE District-
                                                          Gaya
                 ======================================================
                 A. K. Bhatia Son of late S.C. Bhatia at Present posted as Chairman, Madhya
                 Bihar Gramin Bank, Head Office, Shri Vishnu Vihar Commercial Complex,
                 NH 30 Ashochak, New Bye Pass, Patna.

                                                                               ... ... Petitioner/s
                                                      Versus
           1.    State Of Bihar and Anr
           2.    Rajesh Kumar S/o Raj Kumar Prasad A/p resident of Village Rakasia, PO
                 and PS- Tekari, Distt Gaya.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Suresh Prasad Singh No.1, Advocate
                                          :      Mr. Kumari Rashmi
                 For the State            :      Mr. Shyam Kumar Singh APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

6   13-01-2026
                                  Heard the parties

                                  2.    None has appeared for Opposite Party No. 2

                   despite valid service of notice.

                                  3.    This application has been filed for quashing of

                   the order dated 05.01.2016 passed by the learned J.M. First

                   Class, Gaya whereby cognizance has been taken against the

                   petitioner U/s 406 and 420 of the IPC in connection with

                   complaint case no. 980/2014 and process has been issued.

                                  4.    The prosecution case in brief is that a complaint

                   case was lodged by the Opposite Party No. 02 on 18.06.2014

                   before the learned C.J.M., Gaya, alleging in the complaint that
Patna High Court CR. MISC. No.43644 of 2016(6) dt.13-01-2026
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          he is a businessman and that on 28.03.2001 he had deposited an

          amount of Rs. 25,000/- in the Madhya Bihar Gramin Bank

          (herein after referred to as "Bank") for 96 months in the name of

          his minor daughter, the maturity date of which was 28.03.2009

          but the documents given by the bank to the father of the

          complainant was misplaced, which was informed to the

          manager of the said Bank and the complainant was assured by

          the manager that all possible assistance will provided to him,

          however, no satisfactory response was given for around 05-06

          months. Whenever he tried to contact the bank, he was ousted

          from the bank through the peon and was later informed that the

          said amount has already been encashed in 2004. Further it is

          stated that by way of an R.T.I. application, the complainant got

          the information that there were some interpolations in the

          records, and the fixed period of 96 months was reduced to 36

          months, and that the amount has been remitted in his savings

          bank account on 28.03.2004, which according to the informant

          is not justified. It is further alleged that ledger no.4608 was also

          changed and original copy of the statement and original voucher

          was not shown to the complainant. The complainant has further

          alleged that the Branch Manager had allegedly said to the

          Regional Manager, that the complainant has been disturbing him
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          by making complaints before the Collector Gaya, thereupon

          allegedly the Regional Manager directed a person to catch hold

          of the complainant and obtained his signature on two plain

          papers and also threatened the informant. Therefore, aggrieved

          by the aforesaid, the complainant approached the Civil Lines

          P.S., but the accused Regional Manager and the Branch

          Manager were found sitting there, due to which he was unable

          to lodge a F.I.R and hence has filed the present complaint.

                      5.        Thereafter the complainant was examined on

          S.A, but he has made no allegations against the petitioner and

          apart from the complainant two witnesses have been examined

          on behalf of the complainant out of which there is one Anil

          Kumar who is his friend, he too has not even whispered about

          any involvement of the Petitioner in the case similarly another

          witness Uma Shanker Sharma was also examined and even he

          did not say anything about the petitioner.

                           6.      It has categorically been submitted by the

          learned counsel for the petitioner that he was posted as the

          Chairman of the aforesaid bank in the year 2014, i.e., much after

          the alleged date on which the purported interpolation was made

          in the year 2004. He has next submitted that on an earlier

          occasion the O.P. no.2 had moved before this Hon'ble court vide
Patna High Court CR. MISC. No.43644 of 2016(6) dt.13-01-2026
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          CWJC no. 7491 of 2012, wherein he has alleged that his father

          had deposited fixed deposit in the name of his minor daughter

          however the Hon'ble court disposed of the said application by

          giving a direction that the dispute relates to matter of

          accounting, and thus the writ petitioner may approach the

          Banking Ombudsmen ventilating his grievance.

                          7.      The learned counsel for the petitioner

          submits that the learned court below has not even obtained

          sanction before taking cognizance as required u/s 197 of the

          Cr.P.C., as the chairman is considered as a public servant, thus it

          may be said that the order impugned suffers from patent

          illegality. Also , there must be cogent evidence against the

          petitioner for facing the trial under sections 406 and 420, and

          admittedly there is no role of the petitioner assigned by any of

          the witnesses, hence taking cognizance dated 5.01.2016 is bad

          in the eye of law.

                          8.      Lastly, he submits that the complainant

          remained mum for two years and thereafter, filed the complaint

          in the year 2014 for the alleged offence of 2001 or hardly 2004,

          and unfortunately the magistrate took cognizance U/s 406 and

          420. Moreover, in the writ application, which was filed on oath,

          he had stated that his father has deposited FD with the Tekari
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          BO of the MBGB, whereas in the complaint he has alleged to

          have deposited by his own, that speaks enough about his

          falsehood and malice behind the case.

                          9.      The learned APP has opposed the present

          petition.

                          10.     From the perusal of the complaint petition, it

          appears that no allegation is leveled against the present

          petitioner who had joined as a bank official after almost 10

          years from the alleged date of interpolation in the official

          records of the bank.

                          11.     The petitioner is the Chairman of the bank,

          and from the records it appears that, the sanction has not been

          taken before proceeding against the him which is in complete

          violation of the section 197 of the Indian Penal Code.

                          12.     Therefore considering the fact no specific

          allegation against the instant petitioner had been made and

          therefore the continuance of the criminal proceeding against him

          would be an abuse of the process of law together with the fact

          that the cognizance order is bad since it is in teeth of the law

          laid down by the Hon’ble Supreme Court in the case of G.C.

          Manjunath & Ors vs. Seetaram, reported as (2025) 5 SCC 390,

          the impugned order taking cognizance is unsustainable.
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                                        13.     Accordingly the impugned order taking

                        cognizance dated 05.01.2016 passed by the learned J.M. First

                        Class, Gaya is quashed and set aside qua the petitioner only.

                                        14.     The present application is allowed.



                                                   (Sandeep Kumar, J)
tusharika/-

U


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