SHYAM SUNDAR AGARWALLA, Vs. THE 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.) IT is submitted that during pendency of the trial, the dues lying on the Firm of the petitioners, was cleared with interest to the satisfaction of the Bank whereafter, the Bank has filed an application to withdraw the case but it was not entertained because the petition was not under the required condition of Section 321 Cr.P.C.. The authorised agent of the Bank has filed application before the Deputy Commissioner for filing an application under Section 321 Cr.P.C. through A.P.P. before the Court concerned and that petition was registered as Misc. Case No. 03/2006. It is further pointed out that the said petition was kept pending before the Court of Deputy Commissioner. Therefore, the petitioners have filed a Writ Petition (Criminal) No. 119 of 2006 before this Court with a prayer that the appropriate direction may be given to the Deputy Commissioner, Dhanbad to dispose of the petition filed by the Bank within a reasonable time. Accordingly, vide order dated 11.08.2006, passed in said W.P.(Cr.) No. 119 of 2006, a direction was given to the Deputy Commissioner, Dhanbad to dispose of the said petition within six weeks from the date of receipt/ production of a copy of the order and in pursuance to the direction given by this Court, said Misc. Petition filed by the Bank was disposed of by the Deputy Commissioner, Dhanbad on 25.04.2008. Thereafter, the concerned APP filed a petition under Section 321 Cr.P.C. before the learned Magistrate for giving consent to withdraw the prosecution of the petitioners from G.R. Case No. 3260 of 1993. But the learned Magistrate has refused the same vide order dated 01.08.2008. Consequently, the revision was preferred by the petitioners before the learned Sessions Judge vide Criminal Revision No. 43/2009 but they did not get favourable order and the revision stood dismissed vide order dated 08.04.2009.