UTTAM KUMAR MANJHI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This application has been filed for quashing of the order dated 1.8.2011 passed in complaint case No. 2089 of 2010 whereby and whereunder the then Judicial Magistrate, 1st class, Dhanbad took cognizance of the offences punishable under Sections 420, 467, 468, 471 and 120B of the Indian Penal Code against the petitioner. Before adverting to the submissions advanced on behalf of the parties, case of the complainant needs to be taken notice of.

(2.) It is the case of the complaint that the complainant and the witness No. 1 after having map sanctioned by MADA, Dhanbad of the new building of the school for its extension applied before the Central Bank for grant of loan of Rs. 10 lac but the authority refused to sanction the loan. However, the petitioner approached the complainant and promised him to get the loan sanctioned through the Bank Manager, accused No. 2. Thereupon the petitioner brought the complainant before the Bank Manager to whom it was stated by the petitioner that the complainant is in need of money for construction of a new building of the school. The Bank Manager asked the complainant to produce sale deed, rent receipt, map, LIC bond etc. Accordingly, the complainant and the witness No. 1 came along with this petitioner to the Bank with the aforesaid documents and met the Manager (Mr. Yadav), who advised them to bring certain more documents. Thereupon this petitioner and the Bank Manager (Ananda Pasari) took all those papers by giving assurance that they will manage to get the loan sanctioned by the Bank.

(3.) Further case is that on 6.11.2010, this petitioner came to the house of the complainant and told him that the Manager has agreed to sanction loan on execution of the deed of agreement and on furnishing of money receipt as well as one blank post dated cheque. Accordingly, the complainant along with P.W.1 and also this petitioner came before the accused No. 2, Anand Pasari where he got the signature of the complainant and P.W.1 on blank non-judicial stamp and also on plain blank papers on the pretext that the same would be converted as agreement, promissory note/ hand note and money receipt in proof of taking loan. They also demanded blank cheque with signature of the complainant and P.W.1 over it. The same were also given to them and then the accused persons asked the complainant and the witness to come after 4-5 days so that in the meantime, they will get the loan sanctioned. After 4-5 days when the complainant asked from the accused No. 2, Anand Pasari, it was told to the complainant that the Bank Manager has refused to sanction loan as the complainant does not have sufficient money in his account. Thereupon, documents which had been taken by the accused persons were demanded but they did not return on the plea that it would be returned to them later on. Meanwhile, on 24.11.2010 the complainant received a legal notice dated 22.11.2010 sent on behalf of the petitioner from which it got transpired that the petitioner has been contemplating to lodge a case under Section 138 of the Negotiable Instrument Act and then the complainant having realized that the petitioner got those papers, non-judicial stamp, blank papers and the blank cheques utilized lodged the case whereby it was alleged that the petitioner has committed offence under Sections 420, 467, 468, 471 of the Indian Penal Code.