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TMI Blog2023 (8) TMI 1386X X X X Extracts X X X X X X X X Extracts X X X X ..... y the Nodal Office, SBI, Ahmedabad and upon verification of the account, it was found that there is a deficit amount of Rs. 4,52,500/- which were in denomination of coins. It is further stated that petitioner and said Mr.Harishbhai holds the responsibility to keep all the currency notes in the currency chest. Since the deficit of Rs. 4,52,500/- has been recorded in the surprise visit; upon verification Bank Manager filed the FIR before Dehgam Police Station alleging aforesaid offence. 3. Heard learned Advocate Mr.Hriday Buch for the petitioner and learned APP Mr.Ronak Raval for respondent - State. 4. At the outset, it may be noted that the order dated 27/12/2016 passed by this Court indicates that Mr.Dipak Gaurishanker Joshi serving as Branch Manager with the SBI was personally present before the Court and learned APP was also heard while passing the said order. 5. Learned Advocate for the petitioner Mr.Buch would submit two fold submissions. Firstly; that indisputably the amount of Rs. 4,52,500/- for which the alleged offence is registered, came back to the SBI and amount is deposited in the Bank. He would further submit that the alleged incident took place in th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lodged as soon as incident took place; but the Police has not recorded the FIR and thus no fault of the SBI can be found in filing the complaint late. 6.1 Learned APP would further submit that in-fact reading of the outcome of the departmental inquiry would indicate that the punishment has been imposed upon the petitioner in departmental proceeding in tune of reduction by one stage in the time scale of pay for one years, with the direction that the petitioner will not earn increments to pay during the period of such reduction and on expiry of such period the reduction will have the effect of postponing the future increments of his pay. Thus, the circumstances spell that even in the departmental inquiry, it was found that the petitioner has committed the mischief as alleged and it is therefore submitted that the FIR prima facie found to be true. He would submit that sufficient material is available to send the petitioner to trial. Thus, resultantly the petitioner has failed to make out any case for exercise of powers under Section 482 of the Code to quash the FIR. He would submit that the defence of the petitioner can be examined during course of trial; but under the jurisdiction o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... expiry of such period the reduction will have the effect of postponing the future increments of his pay" in terms of Rule No 67(f) of State Bank of India Officers' Service Rules from the date of service of this order.". 2. In reply to the question put by the Court as to why it took ten years for the Bank to lodge the F.I.R. I am told that the Bank had no intention as such to initiate any criminal prosecution, more particularly, having regard to the findings recorded in the departmental inquiry. However, the Reserve Bank of India directed the Bank to lodge the F.I.R. In such circumstances, the Bank thought fit to lodge the F.I.R. after a period of ten years from the date of the alleged incident. 3. Let Rule be issued to the respondents, returnable on 21st April, 2017. Ms. Thakore, the learned Assistant Public Prosecutor waives service of notice of rule for and on behalf of the respondent No. 1. - the State of Gujarat. The respondent No. 2 be served directly through the Investigating Officer of the concerned Police Station. Direct Service is permitted. 4. Let there be an ad-interim order in terms of para 15(G)." 8. The said order indicates that SBI was not inclin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... higher standard of proof in criminal cases". 19. Clarifying the position, the majority observed that the yardstick would be to judge as to whether the allegation in the adjudication proceedings as well as the proceeding for prosecution is identical and the exoneration of the person concerned in the adjudication proceedings is on merits. In case it is found on merit that there is no contravention of the provisions of the Act in the adjudication proceedings, the trial of the person concerned shall be an abuse of the process of the court. On the basis of the aforesaid principles, the majority proceeded to analyse the factual matrix and analysed the finding recorded by the adjudicating authority and opined when there is a finding by the Enforcement Directorate in the adjudication proceeding that there is no contravention of any of the provisions of the Act, it would be unjust and an abuse of the process of the court to permit the Enforcement Directorate to continue with the criminal prosecution." 10. What perceives from the aforesaid ratio is that when the allegations founded in the departmental inquiry under criminal case are based on same set of circumstances if the allegations ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rdinary jurisdiction under Article 226 of the Constitution to get the FIR or the criminal proceedings quashed essentially on the ground that such proceedings are manifestly frivolous or vexatious or instituted with the ulterior motive for wreaking vengeance, then in such circumstances the Court owes a duty to look into the FIR with care and a little more closely. We say so because once the complainant decides to proceed against the accused with an ulterior motive for wreaking personal vengeance, etc., then he would ensure that the FIR/complaint is very well drafted with all the necessary pleadings. The complainant would ensure that the averments made in the FIR/complaint are such that they disclose the necessary ingredients to constitute the alleged offence. Therefore, it will not be just enough for the Court to look into the averments made in the FIR/complaint alone for the purpose of ascertaining whether the necessary ingredients to constitute the alleged offence are disclosed or not. In frivolous or vexatious proceedings, the Court owes a duty to look into many other attending circumstances emerging from the record of the case over and above the averments and, if need be, with d ..... X X X X Extracts X X X X X X X X Extracts X X X X
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