ARBIND KUMAR SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) TWO 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 5.2.1999 passed by the Chief Judicial Magistrate, Patna in Complaint Case No. 105(M) of 1999. By the said order, the learned Magistrate has taken cognizance of offence under Sections 409, 420 and 120B of the Indian Penal Code.

(2.) SHORT fact of the case is that an official complaint was filed by Bihar State Khadi Village Industry Board, Gandhi Maidan, Patna on 2nd February, 1999 alleging therein that petitioners, who were un -employed, had approached the complainant for sanctioning loan for starting Power Ghani and thereafter, in the financial year 82 -83, loan was sanctioned to the petitioners for an amount of Rs. 34,902.17. The payments were made on different dates. It was alleged in the complaint petition that despite the fact that loan was sanctioned to the petitioners for starting Power Ghani in the year 11983 itself, which was finally disbursed on 31.3.1984, the petitioners never started the business and they finally mis -appropriated entire amount. On aforesaid allegation, the complaint was filed. Since it was an official complaint, the learned Chief Judicial Magistrate, by its order dated 5.2.1999, took cognizance of offence under Sections 409, 420 and 120B of the Indian Penal code and directed for issuance of summon for securing attendance of petitioners.

(3.) DESPITE the fact that opposite party No. 2 entered its appearance through advocate, neither counter affidavit was filed nor any one appeared on behalf of opposite party No. 2 at the time of hearing.