- (1.) HEARD learned counsel appearing for the petitioners and learned counsel appearing for the opposite party as well as learned counsel appearing for the State.
(2.) THIS application is directed against the order dated 28.01.2011 passed in Complaint Case No.25 of 2008, whereby and whereunder cognizance of the offence punishable under Section 392 /34 of the Indian Penal Code has been taken as against the petitioners pursuant to the order dated 13.05.2009 passed by the learned District and Sessions Judge, Lohardaga in Criminal Revision No.4 of 2009. It is the case of the complainant that he had taken loan of Rs.7,17,000/ - from the petitioner's company for purchasing a truck which he had purchased. In course of time, while the driver was returning to Ranchi after unloading the materials, the petitioners No.2 and 3 intercepted the truck bearing Registration No.JH -08 5765 and forcibly took it away. On the next day, the complainant came to the Finance Company and met with the petitioner No.1 and requested him to release the truck, but he refused to release the said truck.
(3.) ON such allegation, the complaint case was lodged which was registered as Complaint Case No.25 of 008 [T.R. No.599 of 2011]. On such complaint, the Magistrate took cognizance of the offence under Section 323 of the Indian Penal Code as against the two persons.;