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2012 Supreme(Pat) 1385

SHIVAJI PANDEY
Chandra Shekhar Jha – Appellant
Versus
State Of Bihar – Respondent


Advocates appeared:
For the Petitioner: Mr. Ranjeet Kr. Pandey.
For the Opposite Party: Mr. Aaruni Singh, Mr. Sandeep Kr. Gautam.
For the State: Mr. Arun Kr. Pandey.

ORDER

1. Heard learned counsel for the petitioner and learned counsel for the State.

2. In this case, the petitioner is challenging the order dated 2.7.2009 passed by learned Judicial Magistrate 1st class, Begusarai in Complaint Case No. 1928(C)/2008 whereby and whereunder the court below has taken cognizance for offences under sections 420, 323 and 506 of the Indian Penal Code.

3. It is a peculiar case where the customer of the bank has instituted a case against the Bank Manger for exerting undue pressure and obtained a signature with a statement of promising to return money to Bank including forcefully taking Rs. 1,50,000/- from the customer ( O.P. No. 2) for the Bank.

4. In this case it appears that O.P.No. 2 is a customer of U.C.O. Bank, I.O.C. Branch, Begusarai. It appears that the complainant had presented a cheque vide cheque No. 965623 dated 1/6/2008 of Rs. 3,20,000/- for crediting the amount in his account. It appears that the said cheque was issued on 1.6.2008 by Umesh Kumar Gupta and the same was presented by the complainant on 29.7.2008 in U.C.O. Bank, I.O.C. Branch, Begusarai, the bank credited the same in his account on 1/8/2008. The O.P. No. 2 withdrew the said a















































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