RAJEEV KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present matter arises out of a Complaint bearing Complaint Case No.1631 of 2011 filed by the Opposite Party No.2 before the learned Chief Judicial Magistrate, Banka, inter alia, alleging therein that the Complainant (Opposite Party No.2) received a legal notice on 18.07.2011 from an Advocate of the Patna High Court, wherein it was stated that the complainant had got a tractor financed from Bhagalpur Branch of Magma Fincorp Limited, as such the Opposite Party No.2 should pay the monthly instalment, failing which appropriate legal action would be taken. It has been further alleged that the Opposite Party No.2 had replied to the said legal notice, but again he received another legal notice, where after the Opposite Party No.2 started collecting information with regard to the actual facts. During the course of enquiry by the Opposite Party No.2, he is said to have gone to the office of the said company and met the Branch Manager and the Field Officer of the said Company at Bhagalpur where the said persons had abused him. It has also been alleged that during the course of enquiry by the Opposite Party No.2, it transpired that the vehicle has been taken by the accused No.1, who lives in Jharkhand and all the accused persons had conspired to cause loss to the Opposite Party No.2.

(2.) On the basis of the said complaint dated 18.06.2012, the learned trial court directed the police to register FIR and conduct investigation, leading to registration of Banka Doraiya P.S. Case No. 112 of 2012 for the offence punishable under Sections 420, 407, 467, 468, 471, 120(B), 504 and 323/34 of the Indian Penal Code.

(3.) The learned Trial court by an order dated 28.02.2014, pursuant to the filing of the charge sheet by the police, has taken cognizance of the offences punishable under Sections 465, 467, 468, 471 and 120(B) of the Indian Penal Code against the petitioner herein and other accused persons. The aforesaid order dated 28.02.2014 passed by the learned Chief Judicial Magistrate, Banka in Doraiya P.S. Case No. 112 of 2012 is under challenge in the present petition.