R.R.PRASAD, J. - (1.) HEARD learned Counsel appearing for the petitioners, learned Counsel appearing for the State and learned Counsel appearing for the opposite party No. 2.
(2.) THIS application filed under Section 482 Cr.P.C. is for quashing the entire criminal proceeding of C.P. Case No. 831 of 2001 pending in the Court of Judicial Magistrate, 1st Class, Dhanbad including the order dated 4.12.2002 passed by Shri R.K. Singh, Judicial Magistrate, 1st Class, Dhanbad, whereby cognizance of the offences under Sections 468, 471, 420 and 506 of the Indian Penal Code, has been taken against the petitioners. The case of the complainant as has been given in the complaint petition is that the complainant was holding an SB A/c bearing No. 6706/42 in the United Commercial Bank, Moonidih Branch, Dhanbad and apart from that his wife is also having current account and the complainant had also a fixed deposit for Rs. 20,000/ - with the aforesaid -Bankand it happens so that on 23.4.2001 the complainant approached the BankJ:o_wjthdraw ,Rs. 12,000/ - from his account and tendered withdrawal slip and them the bank official after observing all the formalities gave Rs. 12,000/ - from the cash counter. After taking money he returned home. On the next date i.e. on 24.4.2001 while the complainant was on his duty the Branch Manager and the Cashier of the Bank came over there and took him to the Bank forcibly where they told him that he has been paid Rs. 22,000/ - instead of Rs. 12,000/ -, to which he denied, but they took signature on a printed paper with a plea that the same should be returned within a week. Further case is that on 26.4.2001 when his wife came to Bank she was threatened by the petitioners with dire consequences and therefore the complainant and his wife came to Bank on the next date and asked for the said printed form, but they did not give it back to him and threatened for the dire consequences and told that the said document produced will be used for taking out the money from the fixed deposit and the other account. Thus it was alleged that the petitioners committed offence under Sections 409, 420, 467, 468, 120 and 506 of the Indian Penal Code.
(3.) AFTER the statement of the complainant was recorded on solemn affirmation the manner was taken up for inquiry and in course of the inquiry witnesses were examined. Thereafter learned Magistrate vide order dated 4.12.2002 did hold that there has been sufficient ground on record to proceed with the case under Sections 468, 471, 420 and 506 of the Indian Penal Code and the petitioners were summoned to face trial.;