RAMASHISH PRASAD SAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Three petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, have prayed for quashing of an order dated 15.7.2005 passed by Sri Alok Raj, Judicial Magistrate, 1st Class, Biharsharif, Nalanda in Complaint Case No.1182 (C) of 2003. By the said order, learned Magistrate has taken cognizance of offences under Sections 409, 420/34 of the Indian Penal Code.

(2.) Short fact of the case is that Opp.Party no.2, who was a member of below poverty line, was sanctioned loan by the Block Development Officer and the same was to be disbursed through Gramin Bank, Nalanda. Petitioner nos. 1 and 2 were at the relevant time Manager and Field Officer of Gramin Bank , Nalanda and petitioner no.3 was dealer and dealing with the Diesel Pump Set and Holler to the complainant. As per the agreement, petitioner no.3 was to supply Diesel Pump Set and Holler to the complainant since the loan amount was sanctioned by the Block Office and payment was to be made by the Gramin Bank. It was alleged in the complaint petition that subsequently agreement was executed and the complainant was called in the Bank. Thereafter, signature of the complainant was obtained on several papers. It was further alleged that accused persons never supplied Diesel Pump Set or Holler to the complainant. It is specifically alleged in the complaint that accused conspiring with each other had obtained signature of the complainant and thereafter accused persons had misappropriated the laon amount which was sanctioned in favour of the complainant. After filing of the complaint petition in the court of Chief Judicial Magistrate, Biharsharif (Nalanda), the learned Chief Judicial Magistrate under Section 192 (1) of the Code of Criminal Procedure transferred the complaint to the court of learned Magistrate and the learned Magistrate after conducting enquiry by the impugned order has taken cognizance of offences under Section 409, 420/34 of the Indian Penal code and directed for summoning accused persons.

(3.) Aggrieved with order of cognizance dated 15.7.2005, the petitioners firstly preferred a revision before the court of learned Addl. Sessions Judge, Fast Track Court No.II, Nalanda at Biharsharif, which was heard and rejected vide its order dated 3.4.2007.