- (1.) HEARD learned counsel for the petitioner and Mr. Munna Lal Yadav, learned counsel for opposite party No. 2.
(2.) PETITIONER has prayed for quashing the entire criminal prosecution including the order dated 19.8.2000 passed by the learned S.D.J.M., Chatra in complaint case No. 26/2000 (T.R. No. 867 of 2000) by which learned Court below has taken cognizance under Sections 406 and 420, IPC against the petitioner. According to the opposite party No. 2 (complainant), accused No. 1 Smt. Vidya Das, the then Block Development Officer asked him for loan for staying her transfer. Accused No. 2, petitioner (a Panchayat Sewak) stood as guarantor for repayment of the loan. Petitioner took the amount for paying it to accused No. 1 Smt. Vidya Das, the same was not repaid. The complainant (O.P. No. 2) further alleged that petitioner offered him to avail illegal benefit in lieu of the said loan and accordingly an ante dated record for repairing work was opened and agreement for the same was going to be entered into. Even then the complainant insisted for return of his money. It is alleged that petitioner refused to pay the loan of Rs. 10,500/ - and therefore, the complaint was filed with a prayer for return of the amount and for taking cognizance.
(3.) COUNSEL for the petitioner submitted that no offence under Sections 406 and 420, IPC is made out.;