JAYDEYAL BANKA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Counsel for the parties.

(2.) This application under Section 482 of the Code of Criminal Procedure (hereinafter referred to as "the Cr. P.C.") has been filed for quashing the entire criminal prosecution launched against the petitioners under Section 409 of the Indian Penal Code.

(3.) It appears that the petition of complaint was filed by the complainant-opposite party No. 2 before the Chief Judicial Magistrate, Sasaram and on the basis of the complaint petition, Complaint Case No. 152 of 1994 was registered by the learned Magistrate and the learned Magistrate on the basis of the allegations levelled in the complaint petition and statement of the complainant on solemn affirmation took cognizance of the offence on 14-9-1994 under Section 409. of the Indian Penal Code.