VIJAY KUMAR KANDOI Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioners have questioned the legality of the order dated 17.09.2015 passed by learned Sub Divisional Judicial Magistrate, Dhanbad in connection with Baghmara P.S. Case No. 279 of 2012 (G.R. Case No. 4344 of 2012) whereby and where under the petition filed by the petitioners for their discharge under Section 239 of the Code of Criminal Procedure, has been rejected.

(2.) Bereft of the unnecessary details, the relevant facts of the case which has been instituted on the written report of the complainant Ramesh Kumar Choudhary under Sections 406, 420 and 120B of the Indian Penal Code, in short, is that the accused persons have committed cheating and misappropriation of amount by entering into criminal conspiracy and also grabbed the said truck. It is also the case of the informant that he took loan for purchasing the truck bearing no.CH-04JB-3778 from HDFC bank in the year 2009 and entrusted the said truck to the petitioners for plying for commercial purposes and it was agreed that the petitioners will pay instalments of loan to HDFC bank from profit and will also pay lump sum from the profit amount to the informant but the petitioners stopped making payment of the instalments after October, 2012 and also the profit money to the informant and on enquiry, they flatly refused to hand over the said truck to the informant.

(3.) It appears from the record that police after investigation submitted the charge-sheet against the petitioners and accordingly cognizance was taken under Sections 406, 420 and 120B of the Indian Penal Code. Subsequently, the petitioners at the stage of framing charge, filed a petition for their discharge as indicated above but the court below refused to discharge the petitioners by the order impugned. Hence, this revision.