- (1.) Heard Sri Jai Prakash, Sr. Advocate appearing on behalf of the petitioners assisted by Mr. Yogesh Modi and Mr. A.K. Das appearing on behalf of the complainant.
(2.) Prayer is for quashing of the entire criminal prosecution being C/ 1 Case No. 2176 of 20078 under sections 420/506 I.P.C. pending in the court of the Judicial Magistrate, 1st Class, Jamshedpur and also summoning order dated 30th March, 2009.
(3.) The submission is that the brother of the complainant was extended cash credit facility to an extent of Rs. 15,00,000/- (Rupees fifteen lakhs only. Subsequently, the business concern was changed into a partnership firm and in lieu of the cash credit facility the complainant deposited collateral security in the form of L.I.C./ F.D.R. of the value of Rs. 5,00,000. However, Bank came to know that the business was closed down, but the cash credit facility were availed and according to the petitioner a legal notice by the Bank was sent on 24th September, 2008 demanding an amount of Rs. 13,00,000/-. The submission is that the instant complaint was filed on 3rd December, 2008 as a counter blast to the action taken by the Bank. The summoning order was passed on 30th March, 2009, which is also impugned in the instant writ petition. The complaint was lodged for offenses under sections 323,147,452,506,384,379 read with section 34 I.P.C., but the summoning order was passed only in respect of sections 420 and 506 I.P.C.;