R.R. Prasad, J. - (1.) THIS writ application has been filed for quashing the entire criminal proceeding of complaint case bearing No. C -403 of 2008 (T.R. No. 917 of 2009) including the order dated 10.2.2009 passed by the Judicial Magistrate, 1 class, Hazaribagh whereby and whereunder cognizance of the offences undo Sections 406, 420 read with Section 120B of the Indian Penal Cede has teen taken against the petitioners and others.
(2.) THE facts leading to this case are that the complainant -respondent No. 2, a permanent employee of Central Coalfield Limited working as Pump Khalasi at Saunda 'D' Colliery, Police Station Patraru, District -Ramgarh, filed a complaint stating therein that for the benefit of the workers working in the said colliery Karamchari (sic) Sahyog Samity Saunda 'D' Colliery was established, of which Project Officer used to be the Chairman whereas at the re event point of time, one Ashok Kumar, official of the Patratu Block was In -charge -Secretary of the said Co -operative Society to which the complainant and the witnesses and also other workers were the members and they were being granted loan by the Central Co -operative Bank through the said Co -operative Society. The loan taken by the employees was to be recovered from the monthly salary/wages of the members. Further case of the complainant is that he took loan of Rs. 45,000/ - from the said Co -operative Bank through the Cooperative Society and in course of time, a sum of Rs. 77,160/ - was recovered from the monthly salary of the complainant from the month of January, 1996 to January, 2001. That apart, a sum of Rs. 45,000/ - was paid in cash and thereby a sum of Rs. 1,22,160/ - was paid, still the amount was deducted from the salary for the months of December, 2007 and January to March, 2008. Not only that he was further asked to pay a sum of Rs. 45,000/ - to liquidate the loan amount though he had already paid a sum of Rs. 1,22,160/ - as against the loan amount of Rs. 45,000/ -.
(3.) IT has also been stated that similar is tie case with other members and therefore, they approached to the accused persons and ventilated their grievances out they did net do anything in this regard, rather they were adamant to deduct the amount from the salary, though the complainant and the witnesses had liquidated the loan amount. In the aforesaid background it has been alleged that the accused persons including the petitioners committed offence of cheating and misappropriation.;