G.S.BAJWA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE instant Criminal Miscellaneous Petition has been filed for quashing the order taking cognizance dated 9.12.2004 passed in Complaint Case No. 261/2003 (T.R. No. 580/2005) by Sri Daya Ram, Judicial Magistrate, 1st Class, Hazaribagh for an offence under Section 420 IPC against the petitioner. Further prayer has been made for quashing the order dated 1.9.2004 passed in Cr. Revision No. 133/ 2004 by the learned Sessions Judge on the basis of which the impugned order has been passed and also for quashing all subsequent proceedings pending before the learned Judicial Magistrate so far the petitioner is concerned.

(2.) PROSECUTION case, in brief, is that the complainant, Sharif Bhuiya filed a complaint case against three persons including the present petitioner alleging that since he was in urgent need of money for the marriage of his daughter, he contacted one U.S. Prasad, an employee of Preet Automobiles, Hazaribagh through his friend, Dilip Sao. Mr. U.S. Prasad assured the complainant that he would arrange loan from Union Bank of India, Pelawal Branch, Hazaribagh but for that the complainant will have to put his thumb impression on a plain paper along with two forms which the complainant, in good faith, did and handed over the papers to Mr. U.S. Prasad. It is alleged that even after waiting for a long time, the complainant did not get any loan from the Bank, but he found that the instalment of the loan has been deducted from his salary. The complainant, thereafter, inquired the matter and could find that although a sum of Rs. 50,000/ - had been sanctioned by the Bank in his name as motorcycle loan but he neither received any money nor any motor cycle. On this basis, he felt that he had been cheated by said U.S. Prasad along with other authorities concerned. Hence the complaint petition.

(3.) THE opposite party no. 2, the complainant, then filed Cr. Rev. No. 133/ 2004 before the. Sessions Judge, Hazaribagh for setting aside the part of the order dated 28.5.2004 by which it was observed that no prima facie case is made out against the present petitioner. G.S. Bajwa and the Bank Manager, Pelawal Branch, Hazaribagh and as such no cognizance against them was taken. The revisional court, after considering the materials before it, set aside the part of the order dated 28.5.2004 and held that prima facie case under Section 420 IPC against the present petitioner and the Bank Manager is made out and there is sufficient material on the record to issue summons against them. Accordingly, the revisional court remanded the case to the trial court for proceeding afresh in accordance with law.