R.R.PRASAD,J. - (1.) LEARNED counsel appearing for the petitioners and learned counsel appearing for the opposite party no.2.
(2.) THIS application has been filed for quashing of the entire criminal proceeding of Dhanbad P.S. Case no.1125 of 2009 including the order dated 9.3.2010 passed by the then Chief Judicial Magistrate, In -charge, Dhanbad whereby and whereunder cognizance of the offences punishable under Sections 406, 420, 120B of the Indian Penal Code has been taken against the petitioners. The case of the complainant in brief is that the petitioner no.1 approached to the complainant and made request to provide him a friendly loan of Rs.7.5 lacs and promised that the said amount will be repaid within three years. At that time, it was also communicated to the complainant that the matter may not be informed to the accused no.2 (petitioner no.2). When the payment was not made by the petitioner no.1, the complainant informed about it to the petitioner no.2 (accused no.2), who assured that the amount would be repaid but he also failed to repay the amount which had been taken by way of loan by the petitioner no.1 and thereby it was alleged that the petitioners committed offence of criminal breach of trust and cheating. On the said allegation, a complaint was lodged which was sent before the concerned police station under Section 156(3) of the Code of Criminal Procedure for its registration and investigation. The police having investigated upon submitted charge sheet, upon which cognizance of the offence was taken, vide order dated 9.3.2010 which is under challenge.
(3.) LEARNED counsel appearing for the petitioners submits that accepting the entire allegation to be true, no offence is made out either of the criminal breach of trust or cheating.;