N K BERWA Vs. PRAKASH R BHARDIYA

JUDGEMENT

(1.) Heard learned counsel for the parties. The present misc. petition has been filed by the petitioners who have been directed vide order dated 12.11.2001 to be summoned as accused in the complaint filed by respondent Prakash for the offences under Sections 406, 420 and 120-B I.P.C.

(2.) The allegations made in the complaint were that the complainant/respondent No. 1 owned a unit on which he was given a loan by the R.F.C. Since the loan amount was not repaid, the R.F.C. took possession of the unit and ultimately sold the unit by way of auction. It is said that out of the sale proceeds of auction, a sum of Rs. 2,32,000/- and odd was appropriated by way of dues of R.F.C. and a sum of Rs. 1,68,000/- and odd was due to District Industries Centre (D.I.C.) of the State Government and as such, the aforesaid sum was directed to be paid to the D.I.C. and the remaining amount of Rs. 1,40,000/- was paid to the complaint on 24.6.1998. It was, therefore, alleged that the payment which was made to the D.I.C. was wrongly made because the whole remaining amount was to be paid to the complainant and the D.I.C. was to be reimbursed by the auction purchasers.

(3.) This complaint was forwarded to the police for investigation under Section 156(3) Cr.P.C. The investigation resulted into a F.R. The complaint filed a protest petition on which the Court below directed to take cognizance against the accused petitioners - Mr. N.K. Berwa & Mr. S.L. Oswal for the offence under Section 409 IPC and as against co-accused respondent No. 2 Mr. K.K. Agarwal for offence under Section 409 read with Section 120-B I.P.C.