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2019 Supreme(Pat) 721

ASHWANI KUMAR SINGH
Bachchu Ram S/o Late Ganga Ram – Appellant
Versus
State of Bihar through Principal Secretary, Deptt. Of Co-Operative, Govt. Of Bihar, Patna – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr.Sanjay Kumar Pandey, Advocate
For the Respondent:Mr.Raj Ballabh Prasad Yadav, Mr. Bindhyachal Rai, Advocate

JUDGMENT :

Heard learned counsel for the petitioner, learned counsel for the State and learned counsel appearing for the Munger-Jamui Central Co-operative Bank Limited.

2. This application under Articles 226 and 227 of the Constitution of India has been filed by the petitioner for quashing the first information report (for short ‘FIR’) of Munger Kotwali P.S. Case No. 360 of 2018 dated 04.09.2018 registered under Sections 188, 406, 420 read with 34 of the Indian Penal Code.

3. The FIR in Munger Kotwali P. S. Case No. 360 of 2018 has been registered on the basis of the written report submitted by one Balgovind Pandit, Branch Manager, Munger-Jamui Central Co-operative Bank Limited, Munger to the officer-in-charge, Kotwali Police Station, Munger on 04.09.2018.

4. In the written report, the informant has alleged that altogether 17 borrowers including the petitioner had taken loan from Munger Branch of the Bank. The borrowers were required to return the loan amount with interest. Since they failed to repay the loan amount, the matter was taken to the Permanent Lok Adalat, Munger. The Permanent Lok Adalat passed award in terms of compromise arrived at between the parties. As per the award of

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