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2007 DIGILAW 1390 (PAT)

Ramesh Kumar Sinha v. State Of Bihar

2007-08-21

SYED MD.MAHFOOZ ALAM

body2007
Judgment 1. Heard. 2. This application has been filed against the order dated 8.2.2005 passed by the S.D.J.M., Danapur, in Complaint Case No. 808(c) of 2004 whereby he has been pleased to take cognizance under Sections 120-B, 406, 409 and 420 of the Indian Penal Code against the petitioner and others. 3. Brief facts of the case is that accused no. 2, Ram Ishwar Singh, had taken loan from the Bank of India in the year 1998. Opposite Party No.2 Bam Bahadur Sharma was guarantor with respect to the said loan. It appears that the loan was not repaid by the accused no. 2, Ram Ishwar Singh, and then this petitioner Ramesh Kumar Sinha, who happened to be the Branch Manager of Bank of India, adjusted the said loan from the bank deposit of the Opposite Party No. 2 towards satisfaction of the said loan. 4. It has been submitted by the learned Advocate of the petitioner that in view of the allegation levelled in the complaint petition against the petitioner no offence is made out against the petitioner. 5. I fully agree with the submission of learned Advocate of the petitioner and I am of the view that even if the entire allegation levelled in the complaint petition is taken to be true then in that case also no offence is made out against this petitioner, who was the Branch Manager of Bank of India and he legally adjusted the Bank deposit amount of opposite party no. 2, who was guarantor on behalf of the loanee, who failed to repay the loan amount. In support of my view that the guarantors deposit can be adjusted towards the satisfaction of the loan, I am supported by the decision of the Hon ble Supreme Court in the case of Punjab National Bank & Ors. V/s. Surendra Prasad Sinha, AIR 1992 SC 1815 . 6. In the result, I find merit in this application and the same is hereby allowed and the order of cognizance dated 8.2.2005 passed in Complaint Case No. 808(c) of 2004 whereby cognizance has been taken under Sections 120-B, 406, 409 and 420 of the Indian Penal Code against this petitioner is hereby quashed and the further proceeding in the case against the petitioner is ordered to be dropped.