Disposed

Sri Sanjeet Narayan Jha v. the State of Jharkhand

Jharkhand HC2 Nov 2022Cr.M.P./788/2022

Case brief

AI extract

What is this about?

In a criminal miscellaneous petition, the High Court of Jharkhand disposed of a writ petition seeking quashing of proceedings under the Negotiable Instruments Act, 1881, allowing the petitioner liberty to substantiate claims regarding payment before the trial court.

What did the court decide?

Petition disposed of with liberty to petitioner to make out his claim regarding payment before the learned court; interim order vacated.

Sri Sanjeet Narayan Jha Vs the State of Jharkhand — Cheque Dishonour | Jharkhand HC (2022)

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IN THE HIGH COURT OF JHARKHAND AT RANCHI

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Cr.M.P. No. 788 of 2022

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Sri Sanjeet Narayan Jha …… Petitioner Versus 1.The State of Jharkhand 2. Baban Prasad Singh …… Opp. Parties ---------

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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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---------

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For the Petitioner : Mr. Raunak Sahay, Advocate For the State : Mr. Prabhu Dayal Agrawal, Spl. P.P. For the O.P. No. 2 : Mr. Rahul Kumar Das, Advocate

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07/Dated: 02/11/2022

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This petition has been filed for quashing of entire criminal proceeding including the Complaint Case No. 5061 of 2018 lodged on 01.12.2018 under section 138 of Negotiable Instrument Act, 1881, pending in the Court of learned Judicial Magistrate, Ranchi.

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By order dated 27.07.2022 considering that petitioner was ready to pay amount, O.P. No. 2 was called upon by way of issuing notice. Pursuant to that Mr. Rahul Kumar Das, learned counsel appeared on behalf of O.P. No. 2 and submits that the petitioner is paying amount in question and he has paid more than one lakh. To substantiate his argument, learned counsel for the O.P. No. 2 produced certified copy of order of the learned court which is taken on record which suggests that the petitioner is making payment to the O.P. No. 2.

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The case is arising out of 138 N.I. Act and learned counsel for the petitioner has submitted that petitioner is ready to pay the admitted dues. In that view of the matter and considering that the petitioner is already paying amount in question. If any dispute with regard to payment of amount is there, he can substantiate his claim before the learned court. Accordingly, this petition is disposed of with liberty to the petitioner to make out his claim before the learned court.

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This petition is disposed of. Interim order is vacated.

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(Sanjay Kumar Dwivedi, J.)

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Satyarthi/

Sri Sanjeet Narayan Jha v. the State of Jharkhand

Case brief

What is this about?

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Sri Sanjeet Narayan Jha v. the State of Jharkhand

Case brief

What is this about?

What did the court decide?

What the court decided

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