- (1.) BY the Court. -Heard learned counsel for the petitioners and learned A.P.P. for the State as also learned counsel for the informant opposite party No.2.
(2.) THE petitioners are aggrieved by the order dated 05.04.2008 passed by the learned Chief Judicial Magistrate. Simdega, in case No. 181 of 2006 whereby the application filed by the petitioners under Sections 239.Cr PC for discharge has been rejected by the Court below. The petitioners have been made accused in Simdega P.S. Case No. 66 of 2006 corresponding to G.R. case No. 181 of 2006, for the alleged offence under Sections 406, 419, 420, 467, 468, 120 -B, 471 of the Indian Penal Code, on the written report submitted by one Akhilesh Kumar Verma on behalf of M/s. Paragon Finance Limited. H.B. Road. Kokar, Ranchi, mentioning therein that the petitioners are the owner and representative of one M/s. Autobike and alleging that they introduced the other co -accused persons, who are the owner and representatives of one M/s. Anil Automobiles to the informant for financing two wheeler vehicles. In the F.I.R., it is alleged that the two wheeler vehicles were to be financed by the informant company to the said M/s. Anil Automobiles through M/s. Autobike of which the petitioners are the owner and representative. Similarly, the money collected from the purchasers of the vehicles were to be collected by M/s. Anil Automobiles and they were to be paid back to the informant company through M/s. Autobike. It is alleged in the F.LR. that the informant company had financed 22 two wheeler vehicles and Rs. 3,00,000/ - was due against the accused persons apart from the interest thereon. With these allegations the F.I.R. was lodged against the petitioners who are the owner and represetative of the M/s. Autobike, as also against the owner and representatives of the M/s. Anil Automobiles.
(3.) FROM the F.I.R., it also appears that there is an affidavit sworn on 03.03.2004 by one Satyanarayan Prasad Thakur, who is the proprietor of M/s. Anil Automobiles and it appears from the said affidavit that the entire financial liability of Rs. 3,50,000/ - due to the informant company namely Paragon Finance Limited, Ranchi has been taken by Satyanarayan Prasad Thakur, stating that he had received the money from the parties but they were spent by him and he undertook to refund the entire money. The said affidavit is the part of the FIR itself.;