S RAM KRISHNA RAO Vs. STATE OF BIHAR

JUDGEMENT

(1.) The Petitioners seek quashing of the order dated 27.4.2006, by which the Judicial Magistrate, 1st Class, Patna, has taken cognizance in the case instituted for the offence under Sections 406 and 420 Indian Penal Code in Complaint Case No. 2529 (C) of 2005.

(2.) The matter was heard on 22.9.2006 and admitted on the said date after noticing the opposite party No. 2.

(3.) The case of the complainant is that he had been empanelled as a lawyer for the Indian Overseas Bank, but despite his efficient working his bills were not passed and the Petitioner No. 3, who is the General Manager of the Bank demanded bribe for passing the same and thereafter got his name delisted from the panel. In course of enquiry conducted under Section 202 Code of Criminal Procedure only one witness was examined on behalf of the complainant and thereafter cognizance was taken in the matter opining that an offence under Sections 406 and 420 Indian Penal Code was made out against the accused persons. Petitioner No. 1 happens to be the Chief Manager, Regional Office of Indian Overseas Bank, West Gandhi Maidan, whereas, Petitioner No. 2 was the then Regional Manager of the said Branch and Petitioner No. 3 was the Chief Manager, Patna Main Branch and Petitioner Nos. 4 and 5 are the Sr. Managers, 1st Line, Regional Office, Indian Overseas Bank.