In this case, petitioner, who is the Assistant Vice-President of ING Visya Bank Ltd. is challenging the order of cognizance dated 2nd January 2009 passed by the Judicial Magistrate, 1st Class, Vaishali at Hajipur in Complaint Case No. 3297 of 2008 for the offences under Sections 420, 427, 379, 120(B) of the Indian Penal Code.

2. From the complaint petition it appears that the O.P.No.2 filed a criminal case against the Bank and its Officials, including other individual persons where primarily allegation has been made that the Bank has wrongly recovered the truck from the possession of the complainant in the event of non-payment of instalment within the time which is an act of criminal offence and the Bank could not have acted in the manner, rather for recovery of the vehicle they ought to have gone to the civil court or any appropriate, forum in stead of forceful recovery of the truck. One Babul Chandra Paul had purchased the truck bearing Regd. No. WB 23A/9777 of loan granted by the Bank with a stipulation for payment of loan amount on instalment. As Babul Chandra Paul did not pay the loan amount, it led to recovery of the said truck by the Bank concerned. The accused persons a