Heard the learned counsel for the applicant and the learned AGA and perused the record.
The learned counsel for the applicant submitted that the applicant had a current account in the concerned bank. She is alleged to have withdrawn Rs. 1,63,508/- from the bank against fixed deposit receipts covering the same amount. It was further submitted that the dispute is of civil nature and there was no mens rea on the part of the applicant. It was also submitted that the applicant is a woman within the meaning of section 437 (1) Cr.P.C.
The investigating officer, on completion of the investigation, found sufficient materials against the applicant and accordingly submitted the charge sheet. The learned Magistrate has taken cognizance of the offences. The materials collected during the investigation fully justify submission of the charge sheet by the investigating officer and taking of cognizance by the Magistrate. There does not appear to be any justification to exercise inherent power under section 482 CrPC. It is however, provided that the bail application of the applicant (Smt. Neelam Gulati) in case crime no. 391 A/09 of 2009, under sections 409, 420, 467, 468, 408, 471, 477A, 204 and 120B IPC, police station Naubasta, district Kanpur Nagar shall be disposed of on the same day by the courts below in the light of the principles laid down in the case of Lal Kamlendra Pratap Singh versus State of U.P. & others (2009) 4 SCC 437.
With the aforesaid observations, the petition under section 482 CrPC is dismissed.
Order Date :- 19.1.2010 MTA