Ramesh Kumar v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19754 of 2014 Arising Out of P.S.Case No. -121 Year- 2013 Thana -PATNA COMPLAINT CASE DistrictPATNA =========================================================== Ramesh Kumar, Branch Manager, Central Bank of India, Karnauti, P.S. Baktiarpur, District, Patna.
.... .... Petitioner
Versus
1. The State Of Bihar &
2. Dharmendra Kumar, son of Shri Kaushlendra Kumar, resident of villageGeruari, P.S.-Bakhtiarpur, District-Patna (Complainant) .... .... Opposite Parties =========================================================== Appearance :
For the Petitioner : Mr. Ajay Kumar Singh, Advocate For the Opposite Party No.2 : Mr. Javed Aslam, Advocate For the State : Mr. Pranav Kumar, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL JUDGMENT Date: 25-08-2017 This application under Section 482 of the Cr.P.C. has been filed to quash the order dated 29.01.2014 passed by Judicial Magistrate, Ist Class, Patna in Complaint Case No.121(c) of 2013 whereby and whereunder the court below took cognizance against the petitioner for the offence under Section 420 of the IPC. Heard and perused the record.
It has been submitted that the petitioner is the Branch Manager and he joined the bank in question on 17.06.2011 and remained posted there till 03.09.2013. The complainant has filed this case with false and frivolous allegation alleging inter-alia that his father had purchased a tractor from the agency which was financed by the bank
Patna High Court Cr.Misc. No.19754 of 2014 dt.25-08-2017 2/3 of this petitioner. The father of complainant was cheated by the Branch Manager and the tractor agency as they supplied the brand no.740 of Sonalika tractor instead of required brand bearing no.735DI. The father of Opposite Party No.2 was intending to purchase said tractor as the government had provided more subsidy then a brand no.735-DI.
Learned counsel for the petitioner submits that the tractor was purchased in the year 2004 and after nine years of said purchase the complainant has lodged the case on the allegation of cheating and committing breach of trust. The tractor in question was purchased by the father of the complainant and for three consecutive years the father of complainant took servicing facility from the said agency. At the relevant time, the petitioner was not posted as Branch Manager. The allegation of cheating and committing breach of trust is vague and no offence under Sections 420 or 406 of the IPC is made out. The learned Magistrate has passed the impugned order in mechanical manner without going into through the materials on record and so the impugned order is fit to be quashed.
The learned APP opposed the submissions.
On going through the complaint petition, I find that the tractor was purchased in the year 2004 and for several years, he took service from agency and during the period of nine years, he never
Patna High Court Cr.Misc. No.19754 of 2014 dt.25-08-2017 3/3 raised any objection. The contention of petitioner is that after his joining the petitioner gave notice to the father of Opposite Party No.2 for depositing the instlment of bank loan which increased from Rs.2,00000/- to Rs.3,50,000/-. The complainant or his father did not pay even a single farthing and on demand of loan amount, he has lodged this case with false and frivolous allegation. The allegation of cheating and breach of trust appears omnibus and the case has been lodged out of vengeance only after giving notice by the petitioner in the year 2011. In such circumstance, the criminal prosecution of this petitioner who is Branch Manager would be an abuse of the process of the Court.
In view of above documents, this criminal miscellaneous application is allowed and the order dated 29.01.2014 passed by Judicial Magistrate, Ist Class, Patna in Complaint Case No.121(c) of 2013 and prosecution of this petitioner on that basis is quashed. (Sanjay Kumar, J) B.Kr./- AFR/NAFR NAFR CAV DATE Uploading Date 30.08.2017 Transmission Date 30.08.2017