ORDER
Navin Sinha, J.
1. Heard learned Counsel for the petitioner, the State as also the learned Counsel appearing on behalf of opposite party No. 2.
2. The petitioner would be aggrieved by the order dated 8.8.2003 taking cognizance under Sections 406 and 420 of the Indian Penal Code as also Section 138 of the Negotiable Instruments Act inter alia against the petitioner in Complaint Case No. 417 of 2003.
3. Learned Counsel submits that as per allegations the money in question is stated to have been paid to accused No. 2 and not to the petitioner. The cheques for return of the loan allegedly given to the complainant by accused No. 1 were signed and delivered by accused No. 1. The said cheques issued by accused No. 1 are stated to be dishonoured. The only allegation against the present petitioner would be that he allegedly persuaded the complainant to give the loan in question to accused No. 1 failing which the agency of “Tata Salt” of accused No. 1 would be in peril and that loan so given had been misappropriated by accused No. 1 in conspiracy with the present petitioner.
4. Learned Counsel for the complainant opposing the application submitted that it was on the pursuasion of the present petitioner that loan would have been given by the complainant and therefore as per the submission there would be material for implication of the petitioner which do not call for any interference.
5. Having considered the submissions made on behalf of the parties, the allegations as laid down in the complaint and the statement on S.A. of the complainant when he would not have stated anything against the petitioner, this Court is satisfied that there would be no allegation against the petitioner of a nature so as to invoke the provisions of Sections 406 and 420 of the Indian Penal Code against him much less under Section 138 of the N.I. Act.
6. Learned Counsel for the petitioner rightly submits that the only allegation would be that the petitioner allegedly per se the complainant to part with the money to save the agency of accused No. 1 which was in peril. Cognizance would not have been taken under Section 120B of the Indian Penal Code.
7. In the facts and circumstances of the case, this application has to be allowed. Accordingly the order of cognizance dated 8.8.2003 and the entire proceeding in Complaint Case No. 417 of 2003 with regard to the present petitioner alone is hereby quashed.