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2023 Supreme(Jhk) 1439

SANJAY KUMAR DWIVEDI
Bank of India – Appellant
Versus
State of Jharkhand – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Rajiv N. Prasad, Advocate, Mr. Gyanendra Kumar, Advocate.
For the Opposite Party : Mrs. Sushma Aind, A.P.P., Mr. Rajneesh Vardhan, A.P.P.

JUDGMENT :

In both the petitions common question of law and similar complaint as well as cognizance order are under challenge that is why both the petitions are being heard together with the consent of the parties.

2. Inspite of valid service of notice, O.P. No.2 has not appeared. On 20.12.2022, the matter was adjourned with a view to provide one more opportunity to the O.P. No.2. Thereafter the matter was adjourned on 03.02.2023 and 21.11.2023. Today, again on repeated calls, nobody responded on behalf of the O.P. No.2. Accordingly, the matters are being heard in absence of the O.P. No.2.

3. Heard Mr. Rajiv N. Prasad learned counsel for the petitioners in both the cases and Mrs. Sushma Aind and Mr. Rajneesh Vardhan, learned counsels for the State in respective cases.

4. Both the petitions have been filed for quashing the entire criminal proceeding including the order taking cognizance dated 13.01.2016 passed in connection with Complaint Case No. 1208 of 2015, pending in the Court of learned Judicial Magistrate, Ist Class, Dhanbad.

5. O.P. No.2 has filed the complaint against Bank of India, its Managing Director and one Mahesh Kumar Advani alleging therein that the complainant's father

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