RAMENDRA NARAYAN ROY Vs. STATE OF BIHAR

JUDGEMENT

(1.) PETITIONER no.1, who was Assistant General Manager ( NPA Management), State Bank of India, Local Head Office,Patna and petitioner no.2 who was Recovery Agent of the Bank, have approached this Court with a prayer to quash an order dated 30.4.2007 passed by the learned Judicial Magistrate, 1st Class,Patna in Complaint Case No.378( C) of 2007 . By the said order, the learned Magistrate has taken cognizance of offences under Sections 342,380,448,504,506 and 120 (B) of the Indian Penal Code.

(2.) IT appears from the record that Opp.Party no.2 had filed a complaint in the court of learned Chief Judicial Magistrate against both the petitioners and one Sri Rajeev Roy, Assistant General Manager, State Bank of India, Rehabilitation & Recovery Branch , West Gandhi Maidan , Patna. In the complaint petition, the complainant has indicated that he had obtained cash credit facility to the tune of Rs. 1 Crore and he became defaulter. IT was alleged that the Bank with the aid of recovery agent, i.e. petitioner no.2 had pressurized the complainant for clearing the dues and also abused the complainant and other allegation are mentioned in the complaint petition.