SURENDRA SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

(2.) This is an application under Section 482 of the Code of Criminal Procedure seeking quashing of order dated 08.08.2004 passed by Judicial Magistrate, 1st class, Jehanabad, in Complaint Case No. 28/2004 taking cognizance for the offences under Sections 120B, 384 and 440 of the Indian Penal Code.

(3.) The relevant facts in this case is that complainant opposite party no.2 is a loanee who got a loan of Rs. 11,400/- in the year 1992, part amount could be paid by him and for remaining amount certificate proceeding no. 275/1995-96 was initiated. The grievance of the complainant as it appears from the complaint petition is that the interest claimed against him appears to be more than principal amount advanced to him which according under law cannot be realized from the complainant, but, accused persons are persuaded to make payment of all the claims levelled against him, in this way, they intended to cheat and exhort undue amount. The court below after inquiry took cognizance giving rise to this application.