SAGAR SUMAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner has impugned the order taking cognizance and issuing process dated 14.7.99 by invoking jurisdiction of this court under Section 482 of the Code of Criminal Procedure.

(2.) IT is to be noted that initially the complainant Branch Manager of the Punjab National Bank was not made a party in this application but on the submission that there was a chance of compromise between the parties by order dated 30.9.99 the petitioner was permitted to implead the complainant as opposite party no. 2.

(3.) FROM the records it appears that several opportunities were given to the parties to settle the matter amicably but the same has failed. On 24.4.2000 opposite party no. 2 filed a counter affidavit indicating the total amount of loan alongwith interest as Rs. 30,32,754/ -. The value of land mortgaged in favour of the bank and the camera with accessories was also given. Opposite party no. 2 however, was given time to file counter affidavit indicating its terms and conditions for liquidating the loan taken by the petitioner. Parties were directed to exchange their terms and conditions and to file affidavits. Pursuant thereto affidavits have been filed by the parties, which indicate that the petitioner is not agreeable to the terms and conditions set forth by opposite party no. 2. Thus, with consent of the parties the matter was heard on merit.