OM PRAKASH DHANUKA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Two petitioners have filed the present writ application for quashing of the F.I.R bearing Riga P.S. Case No. 244 of 2020 [Annexure-1] dtd. 18/08/2020 registered for the offences under Ss. 406, 409, 420 and 34 of the I.P.C. and for quashing of entire prosecution against the petitioners including the order of cognizance dtd.: 16/04/2022 taken by the court of learned A.C.J.M.-VI, Sitamarhi in G.R. Case No. 2917 of 2020 under Ss. 406, 420 and 34 of the I.P.C., which has been challenged by way of I.A. No. 1 of 2022.

(2.) The petitioner No. 1 is the Chairman -cum- Managing Director and the petitioner no. 2 is the General Manager (Commercial) of the Riga Sugar Company Limited [hereinafter referred to as the 'sugar company"].

(3.) The factual background of the case in brief is that in the year 2013 a tie-up arrangement was entered into by the bank for KCC loan in favour of sugarcane growers in which sugar company was a guarantor for the repayment. On 20/9/2013 a letter was issued by the Bank of India providing the procedure for KCC loan in favour of the sugarcane farmers at the instance of sugar company which became the guarantor and took the liability to re-pay the loan amount. Clause (vi ) of the aforesaid letter states that the loan was to be disbursed only as per the advice of the sugar company and in terms of clause (vii ) the re-payment was to be made by the sugar company along with interest and other charges. Similar arrangement was again entered into with the bank on 7/7/2016 [Annexure-2A]. Agreement was also entered with the sugarcane growers and sugar company and in terms of the same the sugarcane growers / farmers authorized the sugar company to pay to the bank the sale proceeds of the sugarcane, which is sold by the farmers to the sugar company, as against re-payment of KCC advance / loan. Copy of the agreement is at Annexure-3 to the writ application.