Kunal Mehta @ Kunal M. Mehta vs The State Of Jharkhand
2021 Latest Caselaw 4081 Jhar

                     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                               Cr.M.P. No. 1800 of 2021
               Kunal Mehta @ Kunal M. Mehta                            ... Petitioner
                                         -Versus-
               1. The State of Jharkhand
               2. Syed Md. Afsar Jamal                                 ... Opposite Parties
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner : Mr. Amritansh Vats, Advocate For the Opposite Party-State : Mr. Ravi Prakash, Spl.P.P.

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04/28.10.2021. The defects, pointed out by the office, are ignored.

Learned counsel for the petitioner submits that the petitioner was working in IndusInd Bank Ltd. He further submits that borrower has obtained loan from the bank. He also submits that the borrower has failed to pay the EMI and thereafter notice was issued upon opposite party no.2, who is the guarantor of the said loan. Thereafter, complaint petition has been filed. He further submits that the complaint was not supported by any affidavit and the learned court below has referred the said complaint under Section 156(3) Cr.P.C. to the police for registration/investigation. He also submits that the order is not in compliance of the judgment rendered by the Hon'ble Supreme Court in the case of Priyanka Srivastava & anr. v. State of U.P. & ors., reported in (2015) 6 SCC 287.

Let notice be issued upon opposite party no.2 by ordinary process as well as registered post with A/D, for which, requisites etc. must be filed within two weeks after Deepawali vacation.

There shall be stay of further proceeding in connection with Bokaro Steel City P.S. Case No.272/2017, corresponding to G.R. No.1607/2017, pending in the court of the learned Chief Judicial Magistrate, Bokaro, till the next date.

Post this matter on 08.02.2022.

(Sanjay Kumar Dwivedi, J.) Ajay/