RAJENDRA KUMAR SINHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) PETITIONER has prayed for quashing the order dated 20.9.2000 whereby cognizance for the offences under Sections 420, 409, 467, 468 and 120 -B of the Indian Penal Code was taken against him and also for quashing the entire criminal proceeding of C.P. Case No. 851 of 2000 pending in the Court of Sri O.N. Choudhary, Judicial Magistrate, 1st Class, Dhanbad.

(2.) THE primary ground advanced by the petitioner in support of his prayer is that even on going by the entire allegations in the F.I.R., no criminal liability is made out against the petitioner and at best, the dispute can be considered as a civil dispute for which, civil remedy is available.

(3.) LEARNED counsel for the opposite - party No. 2 while referring to the petition filed for vacating the order of stay, earlier passed by this Court, submits that the present application of the petitioner is totally devoid of any merit and informs that a similar application for quashing the entire criminal proceeding was earlier filed by the accused ex -secretary of the cooperative society, but the said application was dismissed as withdrawn by the order of this Court passed by another Bench. It is further submitted that despite the fact that cognizance of the offences against the accused persons, including the petitioner, was taken more than seven years ago, yet the present petitioner has been avoiding and evading his appearance in the case on one pretext or other.