Prashant Kumar,J. - (1.) This application has been filed for quashing the order dated 08.10.2013 passed by learned Sessions Judge, Bokaro in Criminal Revision No. 166 of 2013, whereby and where under he rejected the Criminal Revision, filed by the petitioner against the order dated 12.08.2013 passed by learned Judicial Magistrate, 1st Class, Bokaro in connection with G.R. Case No.11 of 2011.
(2.) It appears that learned Judicial Magistrate, 1st Class, Bokaro has rejected the application of the petitioner for discharge by his order dated 12.08.2013 holding that, prima- facie, offence against the petitioner is made out under Sections 406/420/34 of the I.P.C. The said order was challenged by the petitioner in Criminal Revision No. 166 of 2013 on the ground that in the F.I.R., the informant has stated that he withdrew Rs, 5,95,000/- from the bank and paid it to the petitioner.
(3.) It is submitted by learned counsel for the petitioner that the aforesaid fact was not found true during the investigation as there is nothing on record to show that the aforesaid amount was withdrawn from the bank. It is further submitted that there is a delay of about two years in lodging the F.I.R. and there is absolutely no explanation for the said delay. It is, then, submitted that the F.I.R. has been lodged with a view to take revenge from the petitioner because petitioner has filed a case against Sitaram Rawani and Manish Kumar, who are cousin of the informant-opposite party no.2.;