SUNIL KUMAR KOTRIWAL @ SUNIL KOTRIWAL AND TIRTHRAJ HIMMATSINGHKA @ TIRTH RAJ HIMMAT SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD both the sides.

(2.) THESE present petitions have been preferred by the petitioner Tirthraj Himmatsinghka @ Tirth Raj Himmat Singh, the Director - cum Financer Ideal Credit Private Ltd. against the order of C.J.M., Deoghar dated 14.2.2007 passed in T.R. No. 22 of 2007 arising out of G.R. Case No. 908 or 1996 by which the prayer for discharge dated 11.8.2005 has been refused. Similarly situated co accused Sunil Kumar Kotriwal @ Sunil Kotriwal has preferred a separate revision petition being Cr. Revision No. 240 of 2007. Since both the matters arise out of same order, they being disposed of by this common order.

(3.) LEARNED Counsel Sri K.P. Deo appearing for he Sunil Kumar Kotriwal suggested that there is no materials on record to involve the petitioner in the alleged offence. It is also submitted that he is one of the employees of the other petitioner Sri Tirthraj Himmatsinghka and even in the fard beyan no allegation of overt act was made out against him. According to him the prosecution is bound to fail in absence of any positive evidence. As such the impugned order may be set aside and petitioner be discharged from the liabilities of facing trial.