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2023 Supreme(Jhk) 734

ANIL KUMAR CHOUDHARY
Dhirendra Kumar Singh @ Dheeraj Kumar Singh, son of Mr. RCPS Keshri – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Sumit Prakash, Adv.
For the Respondent: Ms. Priya Shrestha, Mr. Awnish Ranjan Mishra, Adv.

JUDGMENT :

Heard the parties.

2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this court under Section 482 CrPC, with a prayer for quashing the FIR of Lohsinghna P.S. case no. 13 of 2019 registered for the offence punishable under Sections 409, 418, 420 and 120(B) of Indian Penal Code and the entire criminal proceedings arising out of the same, pending in the court of learned ACJM, Hazaribagh.

3. The facts of the case is that the complainant –opposite party no. 2 instituted a complaint alleging therein that the petitioner no. 1, who being the Branch Manager at Punjab National Bank, Hazaribagh branch and the petitioner no. 2-being the Chief Manager of Punjab National Bank, Bokaro Regional office and the authorized officer under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (herein after referred to as SARFAESI Act, 2002), was involved in conducting E-auction regarding sale of mortgaged land covered under Title deed. The complainant participated in the said E-auction on 13.09.18 after paying earnest money of bid amount of Rs. 35,000/-to Punjab National Bank, Hazaribagh. The bid of the complain

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