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2016 Supreme(Pat) 930

ASHWANI KUMAR SINGH
Md. Sobil – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioner: Mr. Anamul Haque.
For the Opposite Party : Mr. Anuradha Singh.

JUDGMENT :

1. By way of the present application filed under Section 482 of the Code of Criminal Procedure (for short CrPC), the petitioner seeks quashing of the order dated 19th June, 2015 passed by the learned Judicial Magistrate 1st Class, Bhagalpur in Pirpainti P.S. Case No. 21 of 2012, whereby the application preferred under Section 239 of the CrPC for discharge has been dismissed.

2. The First Information Report (for short FIR) was instituted on the basis of a written report submitted by one Manju Tulsyan on 21st February, 2012 to the Officer-in-Charge, Pirpainti Police Station, Bhagalpur. It is stated by the informant in her written report that the petitioner had purchased one Mahindra Jeep on 19th January, 2002 after taking loan from the State Bank of India, Pirpainti. The husband of the informant stood as guarantor to the said loan account of the petitioner. When the petitioner did not repay the loan amount, the Bank issued notice to her husband. Despite several requests made by her husband, the petitioner failed to repay the amount to the Bank. Thereafter, the Bank realized Rs.81,000/- from the joint account of her husband and son on 6th January, 2009 by transferring the mon

























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