FRANCIS XAVIER BARA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Sec. 528 of the B.N.S.S., 2023 with a prayer to quash and set aside the order dtd. 12/3/2025 passed by learned Judicial Magistrate-1st Class-VI, Ranchi in connection with Complaint Case No.23893 of 2024 whereby and where under the learned Judicial Magistrate-1st Class-VI, Ranchi has found prima facie case for the offences punishable under Sec. 316(2) of the B.N.S., 2023 against the petitioner.

(3.) The allegation against the petitioner is that the petitioner took a friendly loan of Rs.10,20,000.00 for treatment of his wife with a promise to return the same, but he did not return the same; even after the treatment of his wife was complete and subsequently also, the petitioner took Rs.1.00 lakh more by getting the same transferred to his account from the account of the Complainant through RTGS and the earlier payment was also transferred to account of the petitioner through RTGS from the account of the complainant. But the petitioner did not pay back any of the amount taken by him.