AMAR NATH GUPTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application filed under sec. 482 of the Code of Criminal Procedure, 1973 (in short the Code) is directed against the order dated 23.3.2005 passed by Sri Sunil Kumar Modi, Judicial Magistrate, 1st Class, Katihar in Complaint Case No. CA 762/04 (Dilip Kumar Diwakar vs. Amar Nath Gupta) by which the learned Magistrate is said to have taken cognizance of the offences under sec. 323 and 379 of the Indian Penal Code against the petitioner.

(2.) FROM the prosecution case it appears that the complainant -opposite party no. 2 was functioning as an Officer at Bareta Branch (Katihar) of Punjab National Bank. As per opposite party no. 2 he alleged that he was made a victim of conspiracy by the authorities of Punjab National Bank and was compulsorily retired on 23.11.1998, against which he has moved this Court in C.W.J.C. No. 7133 of 1999 which is pending disposal. His further allegation is that his title deed (title deed no.17510 dated 30.11.1983) submitted to the Bank for securing the loan was not returned back to him.

(3.) OPPOSITE party no. 2 has alleged that the petitioner alongwith some unknown persons had come to him and asked him to return back the.said title deed. On his refusal to do so they became furious, abused and assaulted him and also removed Rs. 2050.00 from his upper pocket. They also snatched away his titan wrist watch worth Rs. 110. On the basis of this complaint petition No. CA.762/04 the learned Judicial Magistrate, 1st Class, Katihar by the impugned order was pleased to take cognizance of the offence under sections 323 and 379 of the Indian Penal Code.