MUSLIM KHAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties. This application has been filed for quashing of the entire criminal proceeding of C.P. Case No. 1232 of 2000 including the order dated 23.11.2000 passed by the then Judicial Magistrate, Dhanbad whereby and whereunder, cognizance of the offences punishable under Sections 418 and 420 of Indian Penal Code has been taken against the petitioner.

(2.) The case of the complainant, as has been made out in the complaint petition, is that the complainant took loan from the UCO Bank, Sudamdih against the fixed deposit receipt and paid to the petitioner a sum of Rs. 1,50,000/- on the assurance that the money will be returned back within two months but when the petitioner did not return the money within the stipulated time, the complainant again demanded but the petitioner refused to pay the money. On such allegation, a complaint bearing C.P. Case No. 1232 of 2000 was registered under Sections 418 and 420 of Indian Penal Code against the petitioner. After holding enquiry, the court took cognizance of the offence punishable under Sections 418 and 420 of Indian Penal Code against the petitioner. That order is under challenge.

(3.) Mr. Chatterjee, learned counsel appearing for the petitioner, submits that even if the entire allegations are taken to be true, no offence is made out under Sections 418 and 420 of Indian Penal Code and hence the instant prosecution is fit to be quashed.