IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.20876 of 2006 SHIV NARAYAN SINGH, S/o Late Parmeshwar Singh, resident of Village- Katoriya, P.S.- Katoriya, District- Banka. . . . . Petitioner. Versus 1. THE STATE OF BIHAR 2. D.C. Das, Branch Manager, U.Co. Bank, Katoriya Branch, Banka. 3. Anupam Kumar, Field Officer, U.Co. Bank, Katoriya Branch, Banka. 4. Rajesh Kumar, Bank Staff, U.Co. Bank, Katoriya Branch, Banka. . . . . Opposite Parties. ----------- 10/ 18.03.2010 Heard learned counsel for the petitioner and the State. The petitioner is aggrieved by order dated 09.08.2005 passed in Complaint case no. C 588 of 2005, by which the learned Magistrate took cognizance under Sections 323, 504, 379, 417, 418 and 419 of the Indian Penal Code and Section 138 of the Negotiable of Instrument Act against accused nos. 2 and 3 only and not against D.C. Das, Branch Manager, U.Co Bank, Katoriya Branch, accused no.1. Learned counsel submits that the complainant in complaint case alleged that accused no.1, by letter dated 09.04.2005 rejected the loan application dated 24.01.2005 for Rs. 3,00,000/- and directed the complainant to take back all the documents. The complainant alleged that he rejected the - 2 - loan application with a view to obtain commission and illegal gratification. After hearing the parties and on perusal of the records, I do not find any illegality in the impugned order dated 09.08.2005, not summoning accused no.1, (D.C. Das), to face trial. In the result, this application is dismissed. Uday/ (Samarendra Pratap Singh, J.)