ABDUL AZIZ ANSARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard counsel for the petitioner and the counsel for opposite party no. 2.

(2.) This application has been filed for quashing the order dated 30.12.2004 passed by the Judicial Magistrate, 1st Class, Siwan in Complaint Case No. 749 of 2003 whereby cognizance has been taken for offence under Sec. 406 of the Indian Penal Code against the petitioner.

(3.) Allegation in the complaint case filed by the complainant opposite party no. 2 is that he being a unemployed educated person applied for loan of Rs. 1,00,000/- out of which Rs. 60,000/- was sanctioned by the Central Bank of India, Andar Branch. The Branch had to pay the aforesaid amount in two instalments. One Yogendra Prasad was posted as Branch Manager at that time. He released first instalment of Rs. 22,000/- on 22.11.2001 and rest Rs. 38,000/- should have been paid within 15 days of the first instalment, but it was to paid. The Branch Manager thereafter demanded a sum of Rs. (illegible ?) For payment of balance amount. This complaint petition was filed on 13.6.2003. In the complaint case the accused no. 1 is Branch Manager, Central Bank of India and accused no. 2 Yogendra Prasad previous Manager, Central Bank of India. Cognizance was taken in this case against Yogendra Prasad as well as Abdul Aziz Ansari (petitioner) who subsequently joined as Manager, Central Bank of India, Andar Branch.