ABDUL GAFFAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the parties.

(2.) This petition u/S 482 of the Cr. P.C. has been filed for quashing the order dated 22-12-2010 passed by Sri A.K. Dixit, Judicial Magistrate-lst Class, Siwan in Complaint Case No. 2184 (C) of 2010 by which and wherender, he, having found prima facie case under Sections-403, 420, 465, 120B of the Indian Penal Code, ordered to issue summons against the petitioner and other accused.

(3.) The brief fact, which lies to file this quashing petition is that opposite party No.2 filed complaint case bearing Complaint Case No. 2184 (C) of 2010 against petitioner and three others alleging therein, inter alia, that he had purchased a vehicle on loan sanctioned by Bank of India and at the time of fillng of the complaint petition, the petitioner was working as Branch Manager of Bank of India, at Siswan Chainpur branch, Siwan. He had paid Rs 70,000/- in cash to the proprietor of Mahendra Nath Agricultural Agency and got sanctioned loan from Bank of India for making rest payment of the aforesaid vehicle and the aforesaid loan was sanctioned on 29-05-2009 and the Mahendra Nath Agricultural Agency delivered the vehicle to him but later on, it was noticed that there was some major defect in the aforesaid vehicle and after that, he returned the aforesaid vehicle to concerned agency but the concerned agency did not make available new vehicle to him nor removed the defects in the vehicle which had been earlier delivered to the opposite party No. 2. He further alleged that the petitioner and co-accused, M.K. Srivastava being officials of the Bank of India, deducted installment of loan amount in collusion with the proprietors of aforesaid agencies.