KRISHNA CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned APP for the State. In spite of notice and in spite of opposite party no. 2 having appeared through Vakalatnama, he has chosen not to appear on earlier dates i.e. on 03.05.2017 and thereafter on 10.05.2017, hence, the present application is being heard on merits.

(2.) This application under Sec. 482 of the Code of Criminal Procedure (hereinafter referred to as the Cr.P.C.) has been filed for quashing of order dated 29.03.2011, passed by learned Judicial Magistrate 1st Class, Khagaria in Complaint Case No. 307C/2008 filed by opposite party no. 2 whereby and whereunder cognizance for offence punishable under Sections 504 of the Indian Penal Code has been taken while issuing summons, with further prayer for quashing of the entire proceedings arising out of the said complaint case.

(3.) In short, the facts of the case is that opposite party no. 2 took loan of Rs. 15,13,676/- from the District Central Cooperative Bank Ltd., Khagaria in the year 1995 with interest @ 17% per annum and on failure to repay the said loan amount the Bank filed Certificate Case No. 01/2001-02 and 02/2001-02 in the court of Certificate Officer, Khagaria against the complainant/loanee. During 2006-07 the petitioner was posted as District Cooperative Officer, Khagaria and was notified as ex-officio, Certificate Officer by the Collector, Khagaria and, as such, in discharge of his official duties he issued warrant of arrest against opposite party no. 2 on failure of his appearance in the court and for non-deposit of loan amount with interest to the Bank as agreed by him according to loan agreement. The complainant was arrested on the basis of aforesaid warrant of arrest and was allowed bail later on by the court. The complainant being annoyed with the order of issuance of warrant of arrest against him filed the instant complaint case as stated above in which learned court of Judicial Magistrate, 1st Class, Khagaria was pleased to take cognizance of the offence punishable under Sec. 504 of the Indian Penal Code without obtaining sanction from the State Government as required under Sec. 197(1)(b) of the Crimial P.C. because the petitioner has passed the order of issuance of warrant of arrest in the capacity of certificate officer duly appointed by the District Magistrate, Khagaria while he was posted as District Cooperative Officer, Khagaria as a Gazetted Officer of the State Government.