LAWS(JHAR)-2012-2-34

RAMESH PRASAD SINHA Vs. STATE OF JHARKHAND

Decided On February 14, 2012
Ramesh Prasad Sinha Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) HEARD learned counsel appearing for the petitioner.

(2.) THIS application is directed against the order dated 30.11.2006 passed by the then Sub -divisional Judicial Magistrate, Gumla in Complaint case No.56 of 2006 whereby and whereunder cognizance of the offences punishable under Sections 420 and 406 of the Indian Penal Code has been taken against the petitioner, who happened to be the Branch Manager, Bank of India, Gumla.

(3.) LEARNED counsel appearing for the petitioner submits that the petitioner in any view of the matter cannot be said to have committied any offence either under Section 406 or Section 420 of the Indian Penal Code as the petitioner had never been entrusted any money nor has been alleged to have induced the complainant fraudulently or dishonestly to deliver any property to Om Prakash Pandey nor the petitioner has been alleged to have misappropriated the amount and as such, entire criminal proceeding including the order taking cognizance is fit to be set aside.