MAHENDRA KUMAR MOHAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners as well as learned counsel for the O.P. No. 2 and the State.

(2.) The petitioners seek quashing of cognizance order dated 07.03.2014 passed by Judicial Magistrate, 1st Class, Chapra in Complaint Case No. 3113 of 2013 thereby taking cognizance of offence under Sections 500 and 177/34 of Indian Penal Code.

(3.) The brief fact giving rise to this case is that in the year 2004, complainant/O.P. No. 2 of the instant application had taken C.C. loan of Rs. Ten lacs from Punjab National Bank, Hathua Market Branch, Saran to run his business and at the request of complainant, loan amount was increased to Rs. 20 lacs in the year 2006. In year 2008, bank started pressurising complainant to clear all loan amounts. On 01.12.2008, a notice was published by the bank in daily newspaper regarding putting the property, given in security against the loan for auction inviting tender from prospective purchasers and for taking its physical possession, bank also obtained order from the District Magistrate, Saran appointing the Sub Divisional Officer for giving possession. Complainant filed a writ application bearing CWJC No. 871 of 2012 before this Court and by interim order dated 30.01.2012, the Court directed not to take any coercive steps in the meantime on 23.09.2013 a news item was published that the complainant and his wife had defaulcated Rs. 22 lacs of the bank.