Abhay Kumar vs State Of Jharkhand And Another

Sanjay Kumar Dwivedi, J

O.P.no.2 has appeared and in spite of that on repeated call nobody has responded on behalf of the O.P.No.2. On 10.10.2023, identical was the situation and that is why the matter was adjourned with a view to provide further one opportunity to the O.P.No.2. In view of that, this matter is being heard in absence of O.P.No.2.

Heard Mr. Ranjan Kumar, the learned counsel for the petitioners and Mrs. Shweta Singh, the learned counsel appearing on behalf of the respondent State.

This petition has been filed for quashing of the entire criminal proceeding including the order taking cognizance dated 12.02.2016 passed in connection with Complaint Case No.1963 of 2015 pending in the court of learned Judicial Magistrate, Dhanbad.

The complaint case has been filed alleging therein that the complainant and his wife are working in Central railway at Gomoh. That the wife of complainant in order to provide employment to his son Manoj Kumar Rawani took loan of Rs. 6,84,000/-in December 2014 for purchasing Hundai Accent Car from State Bank of India. Hirapur Branch, in the name of Complainant and the EMI of the loan was Rs.11,600. It is further stated by the Complainant that the EMI of the loan was being deducted from the savings bank account of the witness no.1 who having account in S.B.I. Gomoh, bearing A/C No.31720380695. That the monthly instalment of the said car was being paid by the said account. That apart from said payment on the demand made by the accused no.1 the wife of the Complainant also deposited Rs.27,400 on 18.05.2015 in the loan account. It is further stated by the complainant that at the time of sanction of loan the accused no. 1 demanded Rs. 50,000/- as ransom and threatened the complainant that in event of nonpayment of ransom amount you will bear a heavy loss. That due to non-payment of ransom amount the accused no.1 send a false notice to the Complainant on 01.05.2016 stating therein that the installment has not been paid and also threatened that the vehicle will be snatched by the accused no.2. That it is further stated by the complainant on 11.05.2015 the accused persons snatched the vehicle from the complainant by abusing and assaulting him. That the complainant made several request to accused not to return the vehicle. That on 16.05.2015 the complainant send a legal notice to the accused no 1. On receiving the said notice the accused no.1 threatened the complainant that he will sell the vehicle and will also recover the loan of the bank That the complainant has suffered a total loss income of Rs. 2,10,000/- That the complainant has claimed that due to non-payment of ransom amount the accused persons have committed the alleged offence.

The learned counsel for the petitioner submits that the learned court has been pleased to take cognizance against this petitioner only. He submits that the allegations are there of re-possessing the vehicle by the accused persons. He further submits that so far as this petitioner is concerned, he was posted as Chief Manager in State Bank of India, Hirapur Branch, Dhanbad. He submits that there is process after granting of any loan, the documents have been transferred to RASMECC, Dhanbad and the entire action has been taken by a separate wing of the bank as the O.P.No.2 was defaulter in paying the E.M.I and submits that in view of that unnecessarily this petitioner has been dragged in this case.

Mrs. Shweta Singh, the learned counsel appearing on behalf of the respondent State submits that learned court on complaint petition has taken cognizance.

From the documents on record it appears that the petitioner was posted as Chief Manager, in State Bank of India, Hirapur Branch, Dhanbad. The vehicle in question was taken on loan by the O.P.No.2 and the documents of the said loan was transferred to RASMECC, Dhanbad and all action has been taken by the said wing and not by the Hirapur Branch of the State Bank of India and further it appears that maliciously the present case has been filed against the petitioner who was not even posted in RASMECC, Dhanbad and further to allow the proceeding to continue will amount to abuse of process of law.

Accordingly, the entire criminal proceeding including order taking cognizance dated 12.02.2016 passed in connection with Complaint Case No.1963 of 2015 pending in the court of learned Judicial Magistrate, Dhanbad is quashed.

This petition is allowed and disposed of.

Pending petition, if any, also stands disposed of.