VIKAS KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Pandey Neeraj Rai, learned counsel for the petitioner, Mr. Vijay Kumar Sinha, learned counsel for the State and Mr. Afaque Rashidi, learned counsel for the O.P. No.2.

(2.) The present petition has been filed for quashing of entire criminal proceeding in connection with Protest Cum Complaint Case No. 1892 of 2016 arising out of Koderma P.S. Case No. 0029 of 2016, corresponding to G.R. No. 185 of 2016, including order dtd. 19/7/2017 passed by the learned Judicial Magistrate, Ist Class, Koderma whereby cognizance has been taken under Sec. 467, 468, 471 of the I.P.C. against the petitioner, pending in the Court of learned Judicial Magistrate, Ist Class, Koderma.

(3.) F.I.R. has been lodged by the informant alleging therein that informant and his brother mortgaged their land for availing of ADOC loan of Rs.13,50,000.00 by M/s Rakesh Automobiles. The borrower was supposed to deposit the loan amount by 28/1/2014 in failure to which the bank sent a notice dtd. 29/5/2014 to the informant. It has been further alleged that the informant and owner of Rakesh Automobile namely, Sri Rakesh Kumar repaid the loan amount in June, 2014. The Branch Manager-petitioner allegedly assured the informant that as soon as the loan is repaid, would be returned with his papers of land mortgaged, but despite repeated request made, the same was not returned to him. It is further alleged that when the informant personally met with the accused petitioner at his residence, he sought for a letter from Rakesh Automobiles pertaining to the return paper which was given by Rakesh Kumar on 6/8/2014 to the Bank with a copy to him. Thereafter, the petitioner told the informant that the said letter would be sent to Regional office of the Bank at Ranchi which would take some time. In the meanwhile the petitioner used to give wrong information and got his transferred done at Bariatu Road Branch, Ranchi. The informant received a notice under the SARFAESI Act upon which he came to know that the papers of the land had been used in an another loan of Rakesh Automobiles by defrauding and preparing forged documents by the accused persons.