ORAL JUDGMENT :

Heard learned counsel for the petitioners and learned counsel for the respondents.

2. The present quashing petition has been preferred to quash the order dated 24.02.2015 passed in Complaint Case No. 518 of 2013 arising out of Patna City P.S. Case No. 49 of 2012 where learned Judicial Magistrate, Ist Class-cum-Additional Munsif IV Patna, took cognizance for the offences punishable under Sections 417 and 418 of the Indian Penal Code (in short IPC) against the petitioners.

3. From the complaint petition, it appears that petitioners are Administrative Officers of one M/s. Ujjivan Financial Services Pvt. Ltd. (hereinafter be referred to as the “Organization”), a company, registered and incorporated under Company’s Act having its headquarter at Bangalore. The said Organization is a micro finance institution registered under RBI acting under the control and guidance of RBI. It is further submitted that Organization was incorporated with the mission to provide financial services to the poor customers to alleviate poverty. The Organization provides full range of financial services required by the customers. Primarily it serves low income group women customers. It is not like any other chit fund organization. It is non-depository, non-banking financial company (NBFC). Organization gives loan to the family who are economically very poor, for their economical development and for investment in their small business. The loans are given to maid, servant, street vendors, petty shop owners, poor women doing embroidery, sewing work etc. The headquarter of the Organization is at Bangalore and it has now three hundred branches all over the country including one at Patna City.

4. At the outset, it is submitted by learned senior counsel appearing for the petitioners that earlier Cr. WJC No. 883 of 2012 for quashing the FIR was filed by the petitioners but in the meantime, charge-sheet was submitted exonerating petitioners with recommendation to initiate proceeding under Sections 182 & 211 of the IPC against O.P. No. 2, the aforesaid criminal writ was withdrawn by petitioners. Subsequently on the basis of protest complaint vide order dated 24.02.2015, learned Jurisdictional Magistrate took cognizance for the offences punishable under Sections 417 & 418 of the IPC in very mechanical manner against the petitioners. Hence, the present petition.

5. It is submitted that petitioners are administrative officers of the Organization, which is a registered company under Company’s Act 1956 (as amended in 2013) dealing with finance activities. It is submitted that prior to lodging this case, another case was registered by petitioner no. 1 against Alok Kumar, Manish Ranjan (complainant/informant) and Dina Kumar after getting instructions from the higher authorities regarding misappropriation of funds when he joined Patna City, Branch of the company. In aforesaid background, on information of petitioner no. 1, Patna City Chowk P.S. Case No. 12 of 2012 was lodged against the aforesaid persons for the offences punishable under Sections 406, 420, 467, 468 & 120 B of the IPC, which upon investigation found true, accordingly charge- sheet was submitted. It is further pointed out that as a retaliatory measures having ulterior and oblique motive, a complaint case was filed by one of the co-accused namely Manish Ranjan before learned ACJM Patna City, which was registered as Complaint Case No. 482 C of 2012 for the offences punishable under Sections 406, 420, 467, 468 & 120 (B) of the IPC, which was sent to police for investigation after lodging FIR while exercising power as available under Section 156 (3) of the Cr.P.C. It is pointed out that upon said complaint Patna City Chowk P.S. Case No. 49 of 2012 was lodged for the offences punishable under Sections 406, 420, 467, 468 and 120(B) of the IPC against petitioners which after investigation found false and whereafter upon protest complaint petition, the present impugned order of cognizance was passed by lear