RAJESH RANJAN Vs. STATE OF JHARKHAND THROUGH CBI

JUDGEMENT

(1.) The petitioner, after his failed attempt before the court below, has approached this Court against the order dated 06.02.2018 passed in Misc. Criminal Application No.63 of 2018 by which his discharge-petition has been dismissed.

(2.) Plea urged on behalf of the petitioner is that an act of omission, if not proved intentional, would not constitute an offence under sections 406, 420, 468, 471 and 120B IPC.

(3.) Briefly stated, on a written complaint from the Punjab National Bank a First Information Report vide R.C. 06(S)/2014-EOW-R was registered on 02.05.2014 for the offence punishable under sections 406, 420, 468, 471 and 120B IPC. After investigation charge-sheet was filed and cognizance for the aforesaid offences was taken by the learned Magistrate. At this stage, the petitioner and other co-accused persons have filed their discharge-petition under section 239 of the Code of Criminal Procedure. The petitioner, who is the Panel Advocate for the Punjab National Bank, Sakchi Branch, Jamshedpur, contends that in course of rendering professional advice if the advice rendered by him has been found not correct, it would not incur criminal liability.