MANOJ KUMAR JAIN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Ajit Kumar, learned senior counsel for the petitioner, Mr. Vineet Kr. Vashistha, learned A.P.P. for the State and Mr. Indrajit Sinha, learned counsel appearing for the opposite party no. 2. Defects as pointed out by the office are ignored.

(2.) The petitioner is an accused in connection with Sadar P.S. Case No. 134/2018.

(3.) The informant is a businessman and he and the accused persons shared business relationship since several years. It has been alleged that in October, 2016, the petitioner along with other co-accused persons had approached the informant for grant of a friendly loan of Rs.50,00,000.00 and after much persuasion the informant had given a friendly loan of Rs.60,00,000.00 to co-accused Raj Kumar Jain and the other accused persons including the petitioner agreed to repay the loan amount within three months. It has further been alleged that when the loan amount was not returned the accused persons were approached for repayment of loan after which an agreement was executed between the informant and co-accused Rajesh Kumar Jain by which it was agreed that the remaining amount of Rs.50,97,250.00 would be paid within 8-10 months in five installments. However, the amount was not returned and when the informant visited the shop of the petitioner and other accused persons he was told that since the agreement is with co-accused Rajesh Kumar Jain the loan amount shall be repaid by Rajesh Kumar Jain only. The informant had sent a legal notice to Rajesh Kumar Jain but of no avail and when he persisted with the accused persons he was assaulted by them.