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2012 Supreme(Pat) 284

RAJENDRA KUMAR MISHRA
S. K. Trithraj Himmat Singh @ Tirthraj Himmatsinghka – Appellant
Versus
State of Bihar – Respondent


Advocates appeared:
For the Petitioners:M/s. Shrinandan Prasad Singh, Manoj Kumar No.1 and Mrs. Vandana Rani, Advocates.
For the State : Mr. Dashrath Mehta, A.P.P.
For O.P. No.2 :M/s. Shashi S. Kishore and Sunil Kumar Gautam, Advocates.

JUDGMENT

Rajendra Kumar Mishra, J.:- The petitioners have approached this Court under Section 482 of the Code of Criminal Procedure to quash the order dated 10.2.2003 passed in Complaint Case No.3078 of 2002/Trial No.1154 of 2003 by the court of Sri S.K. Jha, Judicial Magistrate, Vaishali at Hajipur, summoning the accused-petitioners, on inquiry under Section 202 of the Code of Criminal Procedure, finding prima facie case under Sections 420 and 120-B of the Indian Penal Code and Section 138 of the Negotiable Instruments Act.

2. In brief, the case is that the opposite party no.2, Om Prakash Prasad, filed the complaint petition, numbered as Complaint Case No.3078 of 2002, in the court of Chief Judicial Magistrate, Vaishali at Hajipur, against the accused-petitioners alleging therein that her mother retired from the post of teacher in the year 2000 and from the money received by her after retirement she gave Rs.2,60,000/- to him to do business on choice. Thereafter, the opposite party no.2 talked to his friends to purchase a vehicle Tata-407. In that course, in the month of May, 2000, the accused-petitioner no.2, Bijay Pathak, came to his house and asked him to get available the loan







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