ASHOK KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner in this application has prayed for quashing the entire criminal proceedings, including the order dated 10.02.2009 passed by the learned Judicial Magistrate, 1st Class, Hazaribagh in connection with C/403 of 2008 whereby cognizance has been taken under sections 406/ 420/ 120B of the Indian Penal Code and summons have been issued against the petitioner and others. The facts of the case are that the complainant being an employee of the Central Coalfields Limited filed a complaint stating therein that for the benefit of the employees working in colliery, Karamchari Sakh Sahyog Samity Saunda D colliery was established of which Project Officer used to be the Chairman. Sri Ashok Kumar, official of the Patratu Block was in charge Secretary of the said Cooperative Society to which the complainant and the witnesses and also other workers were members and they were being granted loan by the Central Co-operative Bank through the said cooperative Society. The loan taken by the employees was to be recovered from monthly salary/wages of the members. Further case of the complainant is that he took loan of Rs. 45,000/- from the Cooperative Bank through the Co-operative Society and in due course, a sum of Rs. 77,160/- was recovered from monthly salary of the complainant from the month of January 1996 to January, 2001. That apart, a sum of Rs. 45,000/- was paid in cash and thereby a sum of Rs. 1,22,160/- was paid against the loan advanced, but further amount was deducted from the salary for the month of December, 2007 and January to March, 2008. Now again, he was further asked to pay a sum of Rs. 45,000/- to liquidate the loan amount, though he had already paid a sum of Rs. 1,22,160/- as against the loan of Rs. 45,000/-.

(2.) It has also been stated that similar is the case with other members and therefore they approached the accused persons and ventilated their grievances, but they did not do anything in this regard, rather they were adamant to deduct the amount from the salary, though the complainant and the witnesses had liquidated the loan amount. In the aforesaid background, it has been alleged that the accused person including the petitioner committed offences of cheating and misappropriation.

(3.) Learned Counsel for the petitioner submitted that workers of Saunda D colliery had formed a Co-operative Credit Society in the year 1993, object of which was to lend money to its members by taking loan from the Hazaribagh Central Cooperative bank and the loan amount was to be recovered from the monthly salary/wages of the loanees. The said Co-operative Society was being headed by the Project Officer of the Colliery as Chairman of the Society whereas elected member of the society used to be the Secretary.