Accepting and giving bribe for the purpose of getting a loan is forbidden, illegal, and not permissible.

JUDGMENT :

Heard learned counsel for the petitioner, learned counsel for opposite party no. 2 and learned APP for the State.

2. This criminal miscellaneous application has been filed for quashing the order dated 29.05.2014 passed by Judicial Magistrate 1st Class, Patna in Complaint Case No. 25229 (C)/2014 whereby and where under the learned Magistrate has taken cognizance of the offences punishable under Sections 420, 406, 504 and 323 of the Indian Penal Code against the petitioner.

3. The case of the complainant-opposite party no. 2, in brief, is that in the year 2012, the petitioner/accused came to the complainant and his wife and told them that she is working in State Bank of India as ‘Dalal’ and she could help them to get loan of Rs. Five lakh for the purpose of starting a small scale industry from bank and for this work she demanded Rs. 1.25 lac at once. After agreeing, the complainant paid Rs. 1.25 lakh to the petitioner/accused for the purpose of getting the loan.

4. Further case of the complainant/opposite party no. 2 is that when loan was not sanctioned to them, complainant went to the residence of the petitioner and asked her to return his money amounting to Rs. 1.25 lakh. The petitioner agreed to return the said money in the year 2013. Thereafter, the opposite party no. 2 again went to the petitioner’s residence with witnesses of this complaint on 03.01.2014 and asked her to pay his money. The petitioner flatly refused to pay the money and also threatened to chop off his head if he raises hulla. Upon this, the complainant became furious and the petitioner showed deadly weapon to the complainant and began to assault him by iron rod, as a result of which complainant sustained head injury and he fell down. The persons, who were present there, intervened and saved the complainant. Thereafter, the complainant went to Pirbahore Police Station to lodge FIR but the police refused to lodge FIR and suggested to file complaint case before the court.

5. The complainant adduced evidences of three witnesses in support of the complaint case. After perusal of the evidence adduced on behalf of witnesses, court below found prima facie case to be made out against the petitioner under Sections 420, 406, 504 and 323 of the IPC.

6. Learned counsel for the petitioner has submitted that cognizance has been taken without cogent and reliable evidence. The present complaint is based on absolutely false and concocted story as she has not taken any money from the complainant on the promise of providing loan from the State Bank of India. It is also submitted that at the time of filing complaint no documentary evidence has been brought on record with respect to payment of any amount on the pretext of grant of loan. Such as oral assertion regarding payment is not admissible in law. It is further submitted that petitioner is not a authorised employee of State Bank of India and she has no authority to provide loan to any one

7. It is further submitted that allegation of assault to the complainant is also false and concocted because of the fact that petitioner is an orthopedically handicapped lady. She has been granted disability certificate. She is also receiving monthly handicapped inability pension of Rs. 300/-. This fact has already been brought on record by annexing Annexure-2 series to this petition.

8. It is further submitted on behalf of the petitioner that prior to filing of the said complaint petition, the opposite party no. 2 had also sent legal notice to the petitioner asking her to return the said amount before 15.01.2014, which is annexed as Annexure-3 to this petition. The said notice itself contains no detailed description about the occurrence, which happened with the complainant on 03.01.2014 and also it does not contain the allegation of assaulting to the complainant by the petitioner. There is also no document in support of injury which is alleged to have been sustained by the complainant.

9. Learned counsel for opposite party no. 2 submitt