- (1.) This criminal revision is directed against the judgment impugned dated 18.2.2009, passed by the learned Sessions Judge, Dhanbad in criminal appeal No.241 of 2008, by which judgment recorded in T.R. No.394 of 2008, arising out of Jorapokhar P.S. Case No.121 of 2003, by Sri Ravi Ranjan, Judicial Magistrate, 1st Class, Dhanbad was affirmed and thereby the appeal was dismissed.
(2.) In T.R. No.394 of 2008, charge was framed against the accused-opposite party No.2 Shankar Das by the Trial Magistrate for the alleged offence under Sections 323, 341, 406 and 420 of the Indian Penal Code but he was acquitted by the Trial Magistrate which was affirmed in the criminal appeal.
(3.) Prosecution story in short was that the petitioner-informant Anjan Kumar Sinha @ Anjan Sinha had presented a written report before the Jorapokhar Police Station alleging therein that the opposite party No.2 Shankar Das had obtained Rs.25,000/- by way of friendly loan from him on 4.12.2002, to which an agreement was reduced into writing, wherein Shankar Das had promised to return the money lent to him within six months, failing to which liberty was given to the petitioner to take action against the borrower. It was alleged that in spite of assurance given by the borrower-opposite party No.2, he (opposite party No.2) did not return the money and that on 4.6.2003 at about 7:30 p.m. when the petitioner-informant went to the house of the opposite party No.2 asking him to return his money, it was alleged that he was mishandled and threatened of dire consequences. A case was registered by the petitioner and the police after investigation submitted charge sheet against the opposite party No.2 under Sections 323, 341, 406 and 420 of the Indian Penal Code and he was put on trial for the said charges.;