RABINDRA NATH SHRIVASTAVA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application under S. 482 of the Code of Criminal Procedure for quashing the order dated 16-3-2002 passed by Sri S. B. Rai, Judicial Magistrate. Bettiah in Complaint Case No. 1909C/2001 (Trial No. 1911/2001} by which he has ordered to issue summons against the petitioner for standing trial for offence under S. 420 of the Indian Penal Code.

(2.) Heard.

(3.) The prosecution case as disclosed from the complaint petition dt. 21-9-2001 is that the complainant (O.P. No, 2) is a poor and illiterate person. In the month of March in the preceding year, the accused-Bhikhari Baitha went along with the accused-petitioner to the house of the complainant and informed htm that the petitioner was distributing loan on subsidy and he should avail of the facility. The petitioner also assured that the loan would be advanced within a month along with due subsidy, After some days both the accused again went to the complainant and called him at Jogapatti Branch of the Bank for executing certain papers for advancing loan to him, The complainant went to the Bank. The accused persons told him to fill up papers of crop loan. The complainant told them that he had got no land.