Citation : 2022 Latest Caselaw 2671 Jhar
Judgement Date : 14 July, 2022
1
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 964 of 2022
Rajendra Prasad Roy ...... Petitioner
Versus
The State of Jharkhand & Anr. ...... Opposite Parties
CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
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For the Petitioner : Mr. Amit Kumar Sinha, Advocate Mr. Abhijeet Tushar, Advocate For the State : Mrs. Vandana Bharti, A.P.P.
3/Dated: 14/07/2022 Learned counsel for the petitioner submits that by way of friendly
loan a sum of Rs. 5, 49,000/- was provided by the O.P. No. 2 to this petitioner.
He further submits that petitioner has not been able to refund the said amount
for which the present F.I.R. has been lodged. He further submits that the entire
case is civil in nature whereas criminal case has been lodged. He relied on two
judgments in the case of " Brindawan Singh Vs. State of Jharkhand and
Ors. reported in MANU/JH/0814/2017 and in the case of "Satishchandra
Ratanlal Shah Vs. State of Gujrat and Ors" reported in
MANU/SC/0199/2019.
Let notice be issued upon O.P. No. 2 under registered cover with
A/D as well as by ordinary process for which requisites etc. must be filed within
two weeks.
Petitioner shall not be arrested in connection with Dumka Town
P.S. Case No. 294 of 2021 pending in the Court of learned Chief Judicial
Magistrate, Dumka till the next date.
Let it appear on 14.09.2022.
I.A. No. 5310 of 2022, filed for grant of interim stay, stands
disposed of.
( Sanjay Kumar Dwivedi, J.) Satyarthi/
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