MANOJ TANTUBAI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The allegation in the complaint petition instituted as C.P. Case No.1823 of 2014, which was sent under section 156 (3) of the Code of Criminal Procedure by the Magistrate and on the basis of which the aforesaid First Information Report was lodged, is that the petitioner has deceitfully and fraudulently taken deposits from several persons, amounting to Rs.22,85,000/-, and in lieu thereof debenture certificates were issued. There is a specific allegation about one Suresh Prasad giving Rs.2,00,000/- to the petitioner which was encashed by him. There is also an allegation of the accused persons receiving various amounts from different persons and issuance of debenture certificates to them. However, all these allegations are vague as there is no specific allegation against the petitioner receiving personally any amount other than Rs.2,00,000/- given to him by one Suresh Prasad. The complaint case was lodged against as many as six named persons and unknown. Apparently, the liability of the entire amount of Rs.22,85,000/- cannot be fastened upon the petitioner.

(2.) This case was lodged on the allegation of committing offences under sections 406 , 420 , 467 , 468 , 471 , 120(B) , 341 and 323 of the Indian Penal Code.

(3.) The petitioner is apprehending his arrest in connection to Nirsa P.S Case No.137 of 2018 corresponding to G.R No.1367 of 2018.