RAMESH KUMAR AGARWALLA Vs. STATE OF JHARKHAND AND THE BRANCH MANAGER, PUNJAB NATIONAL BANK, JHARIA BRANCH, JHARIA

JUDGEMENT

(1.) This criminal writ application has been preferred against the Order dated 01.08.2008, passed by learned Judicial Magistrate, Ist Class, Dhanbad in G.R. Case No. 3260/1993 corresponding to Baliapur P.S. Case No. 85/1993 whereby the learned Judicial Magistrate, Dhanbad has refused to give consent to the State to withdraw the case as prayed through learned APP under the provisions contained under Section 321 of Cr.P.C. and the Order dated 08.04.2009, passed by Sessions Judge, Dhanbad in Criminal Revision No. 43/2009 whereby and whereunder, the revision application preferred by the petitioner against the order dated 01.08.2008 passed by the learned Judicial Magistrate, Ist Class, Dhanbad has been dismissed and the order dated 01.08.2008 passed by learned Magistrate has been affirmed.

(2.) The brief facts appearing from the written report, lodged by the Senior Branch Manager, Punjab National Bank, Jharia Branch is that the petitioners who are partners of M/s. Mittal Briquette Factory, Amjhora, Baliapur (Dhanbad), had taken a loan from the said Bank after pledging raw materials as well as products. In due course, the aforesaid Factory stood closed which was detected in the inspection done by the Bank authority and it was also found that the petitioners were not particular in sending the stock statement in time and they had also misappropriated the stock of raw materials and products pledged with the Bank.

(3.) On the basis of written report, Dhanbad Baliapur P.S. Case No. 85/1993 corresponding to G.R. No. 3260/1993 for the offence under Sections 418, 420, 406, 120B and 109 of the Indian Penal Code was registered and after due investigation, chargesheet was submitted and after securing appearance of the petitioners, they were put on trial.