High Court Jharkhand High Court

Ramesh Kumar Singh & Ors vs State Of Jharkhand & Anr on 22 September, 2011

Jharkhand High Court
Ramesh Kumar Singh & Ors vs State Of Jharkhand & Anr on 22 September, 2011
         IN THE HIGH COURT OF JHARKHAND AT RANCHI

                            A.B.A. No. 2511 of 2011
                                        ----
         1.Ramesh Kumar Singh
         2.Smt. Laxmi Singh
         3.Rohit Kumar Singh              ..........     Petitioners
                                -- Versus --
         The State of Jharkhand & Anr. ........        Opposite Parties
                                       ----

         CORAM:       HON'BLE MRS. JUSTICE JAYA ROY
                                     ----
         For the Petitioners : Mrs. Anubha Rawat Choudhary, Advocate
         For the State       : Ms. Sadhna Kumar, A.P.P.
                                     ----

05/ 22.09.2011

Heard the counsel for the petitioners and the counsel for

the State.

The petitioners are apprehending their arrest in this case

which has been registered for the offence committed under Section

406, 420, 467, 468, 471, 120B/ 34 of the I.P.C., pending in the court

of Chief Judicial Magistrate, Jamshedpur.

The counsel for the petitioners has submitted that the

complainant has filed the complaint case being Complaint No.2160 of

2008, alleging therein that the complainant has received summon

along with document of Debts Recovery Tribunal, Ranchi, and

whereupon he came to know that he has been summoned for being

Guarantor. Whereas the complainant never stood as Guarantor for

the petitioner and the land which is subject matter of Guarantee does

not belong to the complainant. It is further alleged that the

complainant neither appeared before any Bank nor has put any

signature on any paper. As a matter of fact, the complainant had a

piece of land in Plot No.1384 which was acquired by the State

Government and was paid compensation for that. On 30.4.1985, the

petitioner has manufactured some document in the name of

complainant and the Bank did not properly enquire and investigate

the matter and without proper enquiry, sanctioned a huge amount of
loan in favour of the petitioner. Thus the petitioner has cheated the

complainant.

Mrs. Choudhary, learned counsel for the petitioner has

contended that the Bank has filed the O.A.Case No.118 of 2008

before the Debts Recovery Tribunal, at Ranchi for recovery of the

loan against all the petitioners along with the Guarantor, who is the

informant(complainant) in this case namely Mr. Ganesh Saw and

other two persons namely Rajkumar Saw and Ajit Saw and all these

persons were made defendants in this case. After hearing all the

aforesaid parties, the aforesaid case has been instituted against all

the defendants by the judgment dated 29.9.2010. It is further

contended that the present informant(complainant), who is the

Guarantor namely Ganesh Saw appeared in the aforesaid case and

contested the matter and thereafter the final judgment and decree

was passed against all of the aforesaid persons including the

informant on 29.9.2010. The informant namely Ganesh Saw has not

preferred any appeal against the aforesaid judgment and decree

passed by the Debts Recovery Tribunal at Ranchi till date. Therefore,

after the judgment and decree passed against the informant, even

after hearing him, the present case which was filed on 19th June, 2011

has no value in the eye of law. It is further argued that the informant

has filed the present case against the petitioners only to save himself

from the liability of the Bank dues, and to support their contention, the

petitioners have annexed the judgment dated 29.9.2010 in this

application as Annexure-2.

The counsel for the State opposed but not disputed the

aforesaid contentions made by the counsel for the petitioners.

Considering all these aspects, the petitioners namely

Ramesh Kumar Singh, Smt. Laxmi Singh and Rohit Kumar Singh are

directed to surrender before the trial court within a period of one
month from the date of this order i.e 22.9.2011, and if they so

surrender within the said period, the trial court is directed to release

the petitioners above named on bail, on furnishing bail bond of

Rs.10,000/- (Ten Thousand) each, with two sureties of the like

amount each, to the satisfaction of the trial court /Chief Judicial

Magistrate, Jamshedpur, in connection with Mango (Ulidih) P.S.Case

No.243 of 2011, corresponding to G.R.Case No.1261 of 2011, subject

to the conditions that one of the bailors will be their close relative and

another will be of local resident having immovable property within the

jurisdiction of the trial court concerned and subject to the conditions

laid down under Section 438(2) Cr.P.C.

(JAYA ROY, J.)

SI/-