- (1.) HEARD counsel for the parties.
(2.) THIS application has been filed for quashing the entire criminal proceeding of C.P. Case No. 852 of 2007 including order dated 24.08.2007 passed by the then S.D.J.M., Dhanbad whereby and whereunder cognizance of offences was taken under Sections 406 and 420 of the Indian Penal Code. The facts which have given rise to this application are that the complainant had invested a sum of Rs. 40,000/on 26.06.2002 in a special term deposit in the State Bank of India, AMY Damkara Branch. The said amount rose to Rs.50,730/on the date of maturity i.e. on 26.06.2005. When the complainant came to the bank to take the said amount the bank Manager refused to make payment on one pretext or the other and therefore, when a legal notice was given to the bank Manager, it was replied by him that the amount which was to be paid has been adjusted towards the amount taken on loan by Nand Lal Mahto (petitioner) for whom he had stood guarantor by depositing STDR as collateral security for the loan granted to Nand Lal Mahto but before making adjustment the bank had never given information of it. When he asked Nand Lal Mahto in this regard, he stated that he has already paid a sum of Rs.45,191/to him which was far from truth. Thus, it has been alleged that the bank Manager as well as this petitioner had misappropriated the amount and thereby they have committed offence of misappropriation and cheating. '
(3.) ON such allegation, the cognizance of offence was taken under Sections 406 and 420 of the Indian Penal Code.;