M.Y. Eqbal, J. - (1.) Heard the parties.
(2.) In this case, petitioner has prayed for quashing the entire criminal proceeding and also the order dated 9-4-2008 passed by Judicial Magistrate, Jamshedpur in Complaint case No. C/1-468/2008 taking cognizance for the offence under Section 420/34. Indian Penal Code For better appreciation the order dated 9-4-2008 is quoted hereinbelow: "Perused the S. A. enquiry and documents (Annexed). As per allegation complainant has not been paid full amount including interest. As per allegations full interest has not been paid to the complainant as per agreement. Complainant has already refused to accept the cheque so issued by S. B. I. Bistupur became full interest money was not added to the amount deposited by complainant. Annexed documents show that legal notices were sent by complainant but all went futile. I find that there are prima facie materials against accused persons 2 and 3 mentioned in complaint-petition to proved under Section 420/341. Indian Penal Code Office directed to summon them on filing Talbana by complainant. Put up on 17-4-08 for filing Talbana."
(3.) It appears that complainant/opposite party has filed complaint case against the President, State Bank of India, the present petitioner as Chief Manager, State Bank of India, Dy. General Manager and other officers of the Bank alleging inter alia that complainant opened on account, namely. Home Loan Account in the State Bank of India for the purpose that he will accumulate handsome amount in future to enable him to purchase or construct a house on his retirement. The allegation is that the amount was deposited but the interest was not calculated and the Home Loan account was converted into another account etc.;