Mr. Sanjay Chamaria and anr. Vs. the State of Bihar and anr. - Court Judgment

Excerpt:
patna high court cr.misc. no.563 of 2012 (2) dt.19-01-2012 in the high court of judicature at patna criminal miscellaneous no.563 of 2012 ====================================================== mr. sanjay chamaria & anr. .... .... petitioners versus the state of bihar & anr. .... .... opposite parties ====================================================== 02. 19-01-2012 mr. amresh kumar sinha, learned counsel appearing on behalf of the petitioners and learned counsel appearing on behalf of the state. the petitioner is aggrieved by the order dated 05.02.2011 passed in complaint case no. c21 of 2011, whereby shri s.k. singh, learned judicial magistrate 1st class, sherghati, gaya has been pleased to take cognizance of the offence punishable under sections 384 and 506 of the indian penal code. whereas the petitioner no. 1 is the managing director of the finance company, the petitioner no. 2 is the team leader of the collection department. the record manifests that a loan being taken by the complainant-opposite party no. 2, the attempt on the part of the petitioners to recover the same has given rise to the present case which prima facie appears to be a civil dispute. issue notice to opposite party no. 2 for which requisites under ordinary course as well as registered cover be filed within patna high court cr.misc. no.563 of 2012 (2) dt.19-01-2012 one week, failing which this application shall stand dismissed without further reference to the bench. put up after service of notice. in the meantime, further proceedings in complaint case no. c21 of 2011 pending in the court of learned judicial magistrate 1st class, sherghati, gaya shall remain stayed. (jyoti saran, j) s.sb/-

Judgment:
Patna High Court Cr.Misc. No.563 of 2012 (2) dt.19-01-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.563 of 2012 ====================================================== Mr. Sanjay Chamaria & Anr. .... .... Petitioners Versus The State Of Bihar & Anr. .... .... Opposite Parties ====================================================== 02. 19-01-2012 Mr. Amresh Kumar Sinha, learned counsel appearing on behalf of the petitioners and learned counsel appearing on behalf of the State. The petitioner is aggrieved by the order dated 05.02.2011 passed in Complaint Case No. C21 of 2011, whereby Shri S.K. Singh, learned Judicial Magistrate 1st Class, Sherghati, Gaya has been pleased to take cognizance of the offence punishable under Sections 384 and 506 of the Indian Penal Code. Whereas the petitioner no. 1 is the Managing Director of the Finance Company, the petitioner no. 2 is the team leader of the collection department. The record manifests that a loan being taken by the complainant-opposite party no. 2, the attempt on the part of the petitioners to recover the same has given rise to the present case which prima facie appears to be a civil dispute. Issue notice to opposite party no. 2 for which requisites under ordinary course as well as registered cover be filed within Patna High Court Cr.Misc. No.563 of 2012 (2) dt.19-01-2012 one week, failing which this application shall stand dismissed without further reference to the bench. Put up after service of notice. In the meantime, further proceedings in Complaint Case No. C21 of 2011 pending in the court of learned Judicial Magistrate 1st Class, Sherghati, Gaya shall remain stayed. (Jyoti Saran, J) S.Sb/-