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2022 Supreme(Jhk) 666

SANJAY KUMAR DWIVEDI
ICICI Bank Limited, through its Branch Manager, Home Loan Section, through Manager, Shiv Prasad Patnaik, son of P. S. Rao Patnaik – Appellant
Versus
State of Jharkhand – Respondent


Advocates Appeared:
For the Petitioner: Mr. Anish Kumar Mishra.
For the Opp. Party : Mr. Mukesh Kumar Dubey.

JUDGMENT :

1. This petition has been filed for quashing the order dated 06.04.2018 passed in connection with C/1 Case No.323 of 2015 passed by learned Judicial Magistrate, at Jamshedpur whereby cognizance under sections 409, 418, 420, 199, 477-A of the I.P.C has been taken and the case is pending in the court of learned Judicial Magistrate, Jamshedpur.

2. The O.P.No.2 has filed the complaint case alleging therein which, in brief, is:

3. That the O.P no.2 has filed C/1 Case no.7 of 2014 in the court of learned Chief Judicial Magistrate at Jamshedpur on 02.01.2014 by alleging therein that the complainant and the ICICI Bank authority jointly signed facility agreement on 28.01.2008 wherein ICICI Bank sanctioned a sum of Rs.14,70,000/- only vide file no.7777447273 and terms of repayment of loan was for 240 months (i.e. 20 years) and the ICICI Bank has deducted EMI of Rs.15,174/- per month from the salary account 0089010227071 from the complainant with effect from 10.03.2008. A further allegation has been made that ICICI Bank charged floating rate of interest at the rate of 12.75 % per annum as on the date of facility agreement and also charged interest at the rate of 11% per annum plus a

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