Summoning an accused in a criminal case is a serious matter and should only be done after careful examination of the evidence.

JUDGMENT :

Heard Mr. Kalyan Roy, learned counsel appearing for the petitioner, Mr. Tarun Kumar, learned A.P.P. for the State and Mr. Dhirendra Kumar Deo, learned counsel appearing for the O.P. Nos. 2 to 4.

2. This petition has been filed for quashing the entire criminal proceedings as well as the FIR, in connection with Mandu (WB) P.S. Case No. 315 of 2016 corresponding to G.R. No. 1176 of 2016 for the offences under Sections 406, 420, 418 and 120-B of the Indian Penal Code, pending in the Court of learned A.C.J.M. Ramgarh.

3. The opposite parties have filed the complaint case being complaint case No. 352 of 2016 which has been referred to the concerned police station under Section 156(3) Cr.P.C. to register and investigate the case by the Chief Judicial Magistrate, Ramgarh. On the basis of said direction issued under Section 156(3) Cr.P.C., the police has registered the instant case alleging inter alia that the petitioner has cheated the complainants to insist Punjab National Bank for making illegal pressure on the complainant, for payment of loan of Rs.44,88,248.80 which the opposite parties are not liable to pay. It is alleged that the complainants retired partners of the company called as Ganpati Coke Company. It is stated that the petitioner is also one of the partner for said company who has formed new company i.e. M/s Ganpati Coke company, in which he and one other person is the partner. It is alleged that the complainant and the petitioner were carrying on business for manufacturing hard coke under the name and style of M/s Ganpati Coke Company. It is alleged that the said partnership firm came in existence on 27.10.2010 and all the partners held 25% share in the firm. It is further alleged that the partnership firm was dealing the business till 31.08.2015 thereafter the petitioner had requested that the complainants to retire from the firm and it is also assured that the complainants have no responsibility / liability of the old firm. It is stated that the petitioner wanted to run the firm by himself, on such assurance given by the petitioner the old firm was dissolved and the new firm constituted w.e.f. 01.09.2015. it is further stated that in the new firm the petitioner introduced another partner Suresh Prasad. The petitioner had 90% share in the said firm. It is stated that the old firm i.e. Ganpati Coke Company had taken loan Rs.44,88,248.80 but after the new firm was constituted the complainants have no liability to pay any kind of loan taken by the old firm. It is stated that on 26.05.2016 the complainant received a letter from the bank for payment of the loan amount. The complainant further alleged that since the petitioner has not liquidated the dues of the bank as such the bank has issued notice under Section 13(ii) of the SARFAESI Act. It is stated that the complainant made several representation to the bank intimating that since they have retired from the partnership firm, they are not liable to pay any due of the bank. It is as such alleged that at the instance of the petitioner, the bank put pressure on the complainant to pay the loan amount, hence according to the complainant, the petitioner is liable for the offence committed under Sections 406, 420, 418 and 120-B I.P.C.

4. Mr. Kalyan Roy, learned counsel appearing for the petitioner submits that this case is civil in nature, wherein criminal prosecution has been launched against the petitioner. He submits that the petitioner as well as the private opposite parties were the partners in the firm namely M/s Ganpati Coke Company and the said firm has taken loan from Punjab National Bank and the loan was declared NPA. He further submits that the matter went before the Debt Recovery Tribunal under the SARFAESI Act. He also submits that the complainant received a notice by the Debt Recovery Tribunal and thereafter this complaint was filed. He submits that the complaint is even not having the affidavit and the learned Magistrate without applying the mind, referred