Bank of India and Others vs State of Jharkhand and Another

S.N. Mishra, J.—Heard. The petitioners have filed this application for quashing the order dated 21.11.2000, taking cognizance of the offence punishable under Sections 167, 409, 418 and 465, IPC, on the complaint filed by opposite-party No. 2, Yogendra Kumar Agrawal. The sum and substance of the allegation against the petitioners who are the officers of the Bank of India, is that they have miscalculated the amount of interest against the complainant and his wife. It is submitted on behalf of the petitioners that the complainant has taken advance of more than rupees 25 lacs and Bank of India has filed a suit for recovery of the said amount in the Debts Recovery Tribunal, Patna in the year, 1998, which is apparent from Annexure-1 to the petition. The said proceeding is still pending before the Tribunal. The complainant has filed the complaint for initiating the criminal proceeding for the offence alleged. Learned counsel for the petitioners has challenged the order on the ground that even if the allegations made in the complaint are taken on their face value, no offence, much less the offence alleged, is made out against the petitioners. In the light of the submission, I have perused the materials in the record including the order impugned, whom appears that the submission of the learned counsel for the petitioners is well founded. In this view of the matter the order taking cognizance dated 21.11.2000, of the alleged offence so far the petitioners are concerned, is hereby quashed. This application is accordingly allowed.

Application allowed