- (1.)HEARD the learned counsel for the petitioners and for the opposite party no.2 who has entered his appearance after issuance of notice.
(2.)THE allegations in the complaint petition is that the complainant and the accused persons were in friendly terms and on being requested by the accused persons the complainant handed over a cheque bearing no. 182239 dated 1.6.2000 amounting to Rs.30,000/ - of State Bank of India, Dumka Branch which was encashed by the accused persons. It is further alleged that though the accused persons promised to pay back that amount but they did not do so with dishonest intention and they misappropriated the said amount of Rs.30.000/ -.
The learned court below has taken cognizance under sections 406 and 120B of the Indian Penal Code against the petitioners. From a perusal of the materials on record i.e. the averments made in the complaint petition as well as statements of the witnesses it appears that there was no dishonest intention of misappropriating the money nor there was any fraudulent misappropriation rather it was a simple case of advancement of friendly loan which has not been paid back by the petitioner as alleged. It further appears from the entire materials that it is purely case of civil nature and no offence at all is made out.

(3.)IN that view of the matter this application is allowed and the order of taking cognizance dated 25.11.2002 passed by the Sub Divisional Judicial Magistrate. Dumka in P.C.R. no. 354 of 2002 (T.R. no. 1958 of 2002) is hereby quashed.