ICICI BANK LIMITED Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This petition has been filed for quashing the order dtd. 6/4/2018 passed in connection with C/1 Case No.323 of 2015 passed by learned Judicial Magistrate, at Jamshedpur whereby cognizance under Sec. 409, 418, 420, 199, 477-A of the I.P.C. has been taken and the case is pending in the court of learned Judicial Magistrate, Jamshedpur.

(2.) The O.P.No.2 has filed the complaint case alleging therein which, in brief, is:

(3.) The learned counsel for the petitioner submits that the petitioner is the officer of Bank and pursuant to an agreement a loan amount was disbursed in favour of the O.P.No.2. He further submits that the loan amount has not been fully paid to the Bank by the O.P.no.2 and for that, the Bank moved before the Debts Recovery Tribunal, Ranchi in O.A. No.113/2016. He submits that the said complaint was sent before the police under Sec. 156(3) Cr.P.C which was registered and police investigated the matter and submitted final form whereby the petitioner has not been sent up for trial and on protest petition filed by the O.P.No.2 the learned court has taken cognizance which was challenged in the revision bearing Cr.Revision no.146 of 2016 before the learned Sessions Judge, East Singhbhum and the said revision petition was allowed and the matter was remitted back to the concerned court to pass a fresh order and thereafter this cognizance order has been passed by the learned court which is under challenge. He submits that when civil dispute is there, the parties are also moved before the Tribunal, this case was unwarranted and unnecessarily the petitioner has been implicated in a criminal case.