PRAMOD KUMAR CHAUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard.

(2.) It appears that the petitioners are officials of State Bank of India, Agricultural Development Branch, Supaul. The opposite party no.2 took loan from the Bank to the tune of Rs. 2,13,500/- for purchase of tractor alongwith the trailor. The loan was sanctioned by the bank authorities. Thereafter order was placed by the Bank for supply of Swaraj Tractor, Cuttee. Bumper and Trailor in favour of the opposite party no.2. It has been alleged that only tractor alongwith cuttee was delivered to the opposite party no.2 but trailor was never supplied to him. However the Bank authorities also added the amount of trailor in the loan amount dishonestly. Accordingly, a complaint case was lodged before the court of C.J.M., Supaul against the petitioners. After enquiry under sec. 202 Cr.P.C. the court below has taken cognizance against the petitioners.

(3.) The submission of the learned counsel for the petitioners is that entire allegation is false and baseless. The real fact is that the opposite party also received trailor alongwith tractor and got it reregistered in his name bearing No. BR11B/8921. In support of it, the petitioners have filed Annexures 4 and 5. Annexure-4 is the delivery chalan of National Sales Corporation. It would go to show that the trailor was also supplied to the opposite party no.2 alongwith Swaraj Tractor. The delivery chalan bears the signature of opposite party no.2 as well as his two sons. Annexure-5 would go to show that the trailor in question has been registered by the District Transport office in name of opposite party no.2