BRINDAWAN SINGH Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Sanjeev Thakur, learned counsel for the petitioner and Mr Shekhar Sinha, learned A,P.P. for the State.

(2.) In this application the petitioner has prayed for quashing (he entire criminal proceeding in connection with B.S. City P.S. Case Mo, 208 of 2004 corresponding to G.R. No 853 of 2004 including the Older dated 6.5.2005 passed by the learned Judicial Magistrate, 1st Class. Bokaro, whereby and where under cognizance has been taken for the offence punishable under Sections 406,420/120-B of the I.P.C.

(3.) It has been slated by the learned counsel for the petitioner that no offence with respect to cheating and criminal breach of trust is made out in the present case as the same relates to the bank transactions. If has been stated that the petitioner was merely a guarantor to the loan taken by the accused Ajit Kumar Singh to the tune of Rs. 10 lacs. It has been stated that the bank had proceeded against the Ajit Kumar Singh before the DRT for recovery of his dues. Learned counsel further submits that the criminal case instituted against the Ajit Kumar Singh has already been quashed by this Court on 19.1.2017 in Cr.M.P. No. 89 of 2005 and that the case of the petitioner stands on a better footing to that of the borrower In support of the contention that no case is made out under Sections 406/420 & 120-B of the I.P.C., learned counsel has referred to the case of "Jai Kumar & Anr. Vs. State of Jharkhand & Anr." reported in 2010 (4) ECC 308(Jhr.) [2010(4) JLJR 346],