DAYANIDHI SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioners by invoking the inherent jurisdiction of this Court under Section 482 Cr.P.C. seek quashing of the cognizance order dated 10.02014, passed by S.D.J.M., Dehri, Rohtas in Dehri P.S. Case No.683 of 2010 thereby taking cognizance of the offence under Sections 406 and 420/34 of the Indian Penal Code.

(3.) A short fact giving rise to the case is that the accused Dayanidhi Singh, petitioner no.1 had good relationship with Smt. Muskan Pandey, Director of U.S. Constructions Private Limited, so he took loan of Rs.100, 00, 000/- and promised to return it back after getting payment from his contract work as he had made investment in the projects. The amount was given by cheques, some amount in cash and some materials were also provided by the Director, U.S. Constructions Private Limited to the petitioners. On persuasion made by the informant to pay back the loan amount, Dayanidhi Singh issued several cheques, in total of Rs.80, 00, 000/- to U.S. Constructions Private Limited but the Bank Manager disclosed that no such amount in the account of the accused is available, so the informant disclosed this fact to the Director, who talked with the accused who again promised to inform them after making arrangement of the money. On one pretext or the other he was taking time, ultimately he declared that he is unable to return back the money.