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2015 Supreme(Jhk) 295

RONGON MUKHOPADHYAY
Banshi Modak – Appellant
Versus
State of Jharkhand – Respondent


Advocate Appeared:
For the Petitioner:Mr. Mahesh Tewary & Mr. Rahul Dev, Advocates
For the State : Mr. Awanikant Prasad, A.P.P.

JUDGMENT :

By Court: Heard Mr. Mahesh Tewary, learned counsel appearing on behalf of the petitioner and Mr. Awanikant Prasad, learned counsel for the State. No one appears on behalf of the opposite party No. 2.

2. In this application, the petitioner has prayed for quashing the entire criminal proceeding in connection with C.P. Case No. 126 of 2002 including the order dated 6.8.2002 passed by the learned Judicial Magistrate, Bokaro, whereby and whereunder, cognizance has been taken for the offence punishable u/s 420 of the Indian Penal Code (IPC).

3. It appears that a complaint case was instituted by the complainant/ opposite party No. 2 in which it was stated that the petitioner was known to the opposite party No. 2 from before and that the petitioner was running a transport business and had inducted several tenants in his building. On account of intimacy of the petitioner with the complainant/ opposite party No. 2, the petitioner had approached the complainant to given him a loan of Rs. 30,000/-on the assurance that the same would be returned back as early as possible. It was further submitted therein that the petitioner had stated to the complainant/ opposite party No. 2 that he h















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