IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37112 of 2007 BIRENDRA THAKUR, S/o Late Pitamber Thakur, Managing Director, District Central Co-operative Bank Limited, P.S.-K.Hat, District-Purnea. ……..Petitioner. Versus 1. THE STATE OF BIHAR. 2. Mahesh Lal Choudhary, S/o Late Saryug Choudhary, Resident of Village-Durgapur, P.S.-Bhawanipur, District-Purnea. ……Opp. Parties. ----------- 05. 29.01.2010 Heard both the parties. The petitioner seeks quashing of the entire complaint including the order of cognizance dated 11.04.2007 for the offences under Section 323 of the Indian Penal Code. The complainant states that when he went to the office of the petitioner who was the Managing Director, Co-operative Bank Ltd. Purnea on 18.10.2006 to verify about the factum of his full re- payment against a certain loan amount for which a no dues certificate had been issued to him there was an altercation between them and thereafter the petitioner allegedly snatched a golden chain and Rs. 5,000/- from his pocket and threw him out of the office. From the records of the case it appears that - 2 - the complainant had defaulted in re-payment of loan amount issued to him by the Co-operative Bank due to which two certificate cases had been instituted against him. Also, the no dues certificate mentioned in the complaint was in fact issued to him wrongly for which he had been noticed by the bank authorities on 13.04.2006. It appears thereafter the present complaint has been instituted on 19.10.2006. While going through the records of the case this court has no doubt that the complaint has been filed only because the bank officials had withdrawn the no dues certificate to the complainant the details of which appear to have purposely been withheld in the complaint and it is nothing but a vexatious prosecution instituted with a view to intimidate the Bank officials. In a similar situation the Hon’ble Supreme Court in a recent decision reported in AIR 2010 (Jan) 201 has quashed a criminal prosecution wherein one of the guarantors had filed a case against Bank officials considering the same to be an act of wreaking personal vengeance only with a view to harass them as a measure of counter blast to the steps taken by - 3 - them for realization of loan amount. Under the circumstances, this Court in exercise of its extra ordinary jurisdiction under Section 482 Cr.P.C. quashes the entire complaint including the order taking cognizance dated 11.04.2007 for offences under Section 323 of the Indian Penal Code. In the result, the application is allowed. Vikash/- (Anjana Prakash, J.)