YOGENDRA PANDIT Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This application has been filed for quashing of the entire criminal proceeding of PCR Case No. 424 of 2007 (T.R. No. 910 of 2000) including the order dated 30.1.2001, passed by learned Judicial Magistrate, 1st Class, Dumka, whereby and whereunder the learned Magistrate after taking cognizance of the offences under Sections 406/420 of the Indian Penal Code issued process under Section 204 Cr.P.C. against the petitioners.

(2.) It appears that the complainant- Opp. Party No. 2 filed a complaint in the Court of learned Chief Judicial Magistrate, Dumka, stating therein that Satyadarshi Savings & Finance Ltd. opened a Branch Office in the year 1992 at Dumka. On such opening, the complainant and also the witnesses on being induced by the Branch Manager (Accused No. 1) and Accused No. 2 (both not the petitioner), started depositing money under daily and monthly deposit scheme at Dumka Branch.

(3.) In the year, 1996, when the complainant came to Branch Office for depositing the money, he was shocked to know that the Branch Office is closed and thus, it was alleged that all the accused persons cheated the innocent persons including the complainant and misappropriated a huge sum including a sum of Rs. 21,300/- deposited by the complainant, under daily deposit scheme and, thereby, the accused persons committed an offence under Sections 406/420/468/120B of the Indian Penal Code.