M/s. Zenith Credit Limited vs State of Bihar

Anjana Prakash, J. (Oral) - The Petitioners seek quashing of the order of cognizance dated 28.11.2011 passed by the Judicial Magistrate, 1st class, Rosera, in C.R. No.772 of 2010/T.R.No.1629 of 2012.

The case of the Complainant is that he had purchased a passenger Taxi from a Financer and the Petitioner No.2 was his agent. The Accused persons did not reconcile the payments made by him in their book of accounts and started to take action against him.

It has been submitted on behalf of the Petitioners that when the Complainant defaulted in repayment of loan, action was sought to be taken against him and in retaliation he filed the present case in his defence. At best, it is a case of non-reconciliation of book of accounts and not a criminal offence.

Having considered the aforesaid, the order of cognizance dated 28.11.2011 passed by the Judicial Magistrate, 1st class, Rosera, in C.R. No.772 of 2010/T.R.No.1629 of 2012, is hereby set aside.

The application stands allowed.