VIKAS KUMAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel appearing for the petitioners and learned counsel appearing for the opposite party no.2 as well as learned counsel appearing for the State.

(2.) THIS application has been filed for quashing of the order dated 23.2.2012 passed in Complaint Case bearing C/1 case no. 2964 of 2011 whereby and whereunder the then Judicial Magistrate, Jamshedpur has taken cognizance of the offence punishable under Sections 323 and 504 of the Indian Penal Code against the petitioners.

(3.) AS against this, Mr. K.P.Choudhary, learned counsel appearing for the opposite party no.2 submits that it is true that the complainant had taken loan from the Bank and EMI was fixed as Rs.1923/ - to be paid in 60 equal instalments but the complainant was depositing EMI @ Rs.2000/ - per month and thereby the complainant never defaulted in making payment of instalments, still a certificate proceeding was initiated against the complainant and when the complainant came to know about it, she approached to the petitioners and raised her grievances, upon it she was abused and was even pushed by the petitioners, as a result of which she fell down and sustained injury and in such event, the instant prosecution can never be said to have been actuated with malice and as such, the complaint case never warrants to be quashed.