ABHAY KUMAR SINHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) BY Court: Heard learned counsel for the petitioners and the learned counsel for the State. No one appears for the complainant opposite party No.2, in spite of the fact that the notice was validly served upon him and he has appeared through Advocate. On the earlier date also, no one had appeared for the opposite party no.2, in spite of repeated calls and accordingly, the case was adjourned in order to give him a chance. But today also, no one appears for the complainant opposite party No.2 in spite of repeated calls.

(2.) THE petitioners are aggrieved by the order dated 5.6.2009 passed by Sri Anuj Kumar, learned Judicial Magistrate, Ranchi, in Complaint Case No.282 of 2005, whereby, the application filed by the petitioners for discharge under Section 245 of the Cr.P.C., has been rejected by the Court below.

(3.) THE petitioners being the employees of the said Finance Company, have been made accused in this case. It appears that the statement of the complainant was recorded on solemn affirmation, wherein, the complainant supported the case and some witnesses were also examined at the enquiry stage, on the basis of which, the prima facie case was found against the petitioners and processes were issued against them. Subsequently, the petitioners filed their application for discharge, which has been rejected by the impugned order passed by the Court below.