VIJAY KUMAR VERMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application under section 482 of the Code of Criminal Procedure, 1973 for quashing the order dated 11.04.2014 passed by Judicial Magistrate, 1st Class, Gopalganj whereby the Magistrate finding prima facie case for the offence under Sections 417, 418 and 323 of the I.P.C. ordered for issuance of summons against the petitioners.

(2.) Heard both sides.

(3.) The O.P. No. 2 filed a Complaint Case No. 2126 of 2013 on 12.08.2013 on the file of C.J.M., Gopalganj alleging inter alia that he has availed cash credit facility from the Central Bank of India, Gopalganj in the name of his firm Durga Agro Agency. The petitioners were the Branch Manager and A.F.O. respectively of the said Bank at the relevant time. It is said that the petitioners started operating the account of the O.P. No. 2 in their own manner and they demanded gift from the complainant. Subsequently, the petitioners allegedly closed his account as his account became N.P.A. The O.P. No. 2 filed a case before Debt Recovery Tribunal, Patna for rectification of transaction made in his account. The petitioners having come to know about filing of case by the Opposite Party No. 2 before Debt Recovery Tribunal, Patna, called him in their chamber and insisted for payment of Rs. five lacs an additional amount as the principle of set off of the interest has been enforced. The O.P. No. 2 then arranged money and deposited Rs. 4 lacs in the said account. The petitioners then started insisting the O.P. No. 2 for payment of entire sum. The petitioners issued a new cheque book and obtained signature of the complainant on eight cheques. The complainant insisted the petitioners to return the cheque whereupon the petitioners misbehaved and threatened the complainant.