High Court quashed an order rejecting a discharge application in a cheque-related case for lack of reasoning and remanded to the trial court for a fresh order within four weeks.
Impugned order quashed; matter remanded to trial court to pass fresh order on proper appreciation of materials within four weeks.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Criminal Revision No. 1102 of 2016
CORAM : HON’BLE MR. JUSTICE RONGON MUKHOPADHYAY
--For the Petitioners : Mr. Shishir Suman, Advocate For the State : APP For the O.P. No. 2 : Mr. Pratiyush Lala, Advocate --- Order No. 05 Dated 06th August, 2018
Heard Mr. Shishir Suman, learned counsel appearing for the petitioners and Mr. Pratiyush Lala, learned counsel appearing for the opposite party No. 2.
The petitioners are aggrieved by the order dated 28.06.2016 passed by learned Judicial Magistrate, Dhanbad in G.R. Case No. 1813 of 2015 (Dhanbad P.S. Case no. 411 of 2015) by which discharge application preferred by the petitioners has been rejected.
It appears from a perusal of the impugned order dated 28.06.2016 that mere reference has been made about the bank statement, agreement paper and the cheque which according to the learned trial court support the allegation made in the written report, but as to in what manner the documents which have been referred to indicate the possibility of the petitioners of being involved in committing the offence, has not been mentioned. There is absolutely no discussion made by the learned trial court which would entail rejection of the discharge application preferred by the petitioners.
Since the impugned order dated 28.06.2016 does not contain appropriate reasons, the same is hereby quashed and set aside and the matter is remanded back to the learned trial court to pass a fresh order in accordance with law on proper appreciation of the materials which have been collected in course of investigation. The aforesaid exercise should be completed within a period of four weeks from the date of receipt/ production of a copy of this order.
This application stands disposed of with the aforementioned observation and direction.
(RONGON MUKHOPADHYAY, J.)
MK
2 issues framed by the court
Whether the impugned order rejecting the discharge application contains sufficient reasons for rejecting the discharge petition.
Whether the trial court's failure to discuss the relevance of documents necessitates quashing the order.
Jainendra Kumar @ Jitendra Kumar
Arun Kumar
The State of Jharkhand
Parmilla Devi
RONGON MUKHOPADHYAY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
