BARAKARA ABDUL AZIZ Vs. NATIONAL BANK OF OMAN

JUDGEMENT

(1.) This application is made under section 482 of the Code of Criminal Procedure, seeking quashing of Criminal Complaint No.(259 of 207) R.T.C. No.260 of 2007 pending before the Chief Judicial Magistrate, Ahmednagar.

(2.) The facts leading to the complaint, mentioned in the complaint are as under :

(3.) Shri. V. D. Sapkal learned Advocate appearing for the applicant challenged this order on three counts. First, he said the Attorney appointed by the complainant bank could not have recorded his statement on oath, as he had no personal knowledge of the facts of the case. On the basis of such verified statement, learned Chief Judicial Magistrate could not have issued process. Second, Section 188 of the Code of Criminal Procedure requires prior sanction of the Central Government before cognizance of such complaint can be taken. In this case since such sanction is admittedly not taken, the learned Chief Judicial Magistrate erred in taking cognizance of the case. Third, no offence is prima facie seen in this complaint; it is civil dispute about which the respondent bank has already taken steps against the applicant and filing of this criminal complaint amounted to harassment.