KAMLESH DUTT MISHRA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Two petitioners, who were at the relevant time Branch Manager, State Bank of India, Sitalpur, Manapur Dighwara, Saran and Area Development Officer, State Bank of India respectively have approached this Court by filing the present petition under Section 482 of the Code of Criminal Procedure with a prayer to quash an order dated 21.4.2001 passed by Shri R.K. Singh, Judicial Magistrate, Ist Class, Chapra in Complaint Case No.2204 of 2000, Tr. No.786 of 2002. By the said order, learned Magistrate has taken cognizance of offence under Sections 406 and 120(B) of the Indian Penal code in Complaint Case No.2204 of 2000, T.R. No.786 of 2002.

(2.) Short fact of the case is that the opposite party no.2 had approached the Bank for sanctioning loan for purchase of a Tractor. It was alleged that all formalities were already completed by the Bank official and thereafter, the Bank official demanded ten thousand rupees as illegal gratification. Since the demand was not fulfilled at subsequent stage, the entire documents were returned to the complainant and no loan was sanctioned in his favour. On aforesaid allegation, complaint was filed and after conducting enquiry, the learned Magistrate has taken cognizance of offence under Sections 406 and 120(B) of the Indian Penal Code.

(3.) Aggrieved with the order of cognizance, both the petitioners approached this Court by filing the present petition. On 16.12.2002, while issuing notice to opposite party no.2, this Court directed that in the meantime, further proceeding pending in the court of Judicial Magistrate, Ist Class, Saran at Chapra in T.R. No.786 of 2002 shall remain stayed. Thereafter, on 18.3.2004, the case was admitted for hearing. At the time of admission, the opposite party no.2 had appeared through his advocate. While admitting, this Court directed that pending disposal of this application, the interim order dated 16.12.2002 shall remain continue. The order of stay is still continuing. When the case was taken up for hearing, none appeared on behalf of opposite party no.2.