Sri Sanjeet Narayan Jha Vs the State of Jharkhand

IN THE HIGH COURT OF JHARKHAND, RANCHI

Cr.M.P. No. 806 of 2022

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Sri Sanjeet Narayan Jha, aged about 45 years, s/o late Ugra Narayan Jha, r/o Upper Vidyapati Nagar, Near Savitri Apartment, Kanke Road, P.O.Gandhi Nagar, P.S.Gonda, District Ranchi, State Jharkhand

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….. Petitioner

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-- Versus --

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1.The State of Jharkhand

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2.Yogendra Prasad, aged about 56 years, s/o late Karu Prasad, R/o Qr.No.DT/2964, Tanki Side, Near Shiv Mandir Sector -9, Dhurwa, P.O. Dhurwa, P.S. Jagarnathpur, District Ranchi, State Jharkhand

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…... Opposite Parties

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CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner :- Mr. Raunak Sahay, Advocate For the State :- Mr. Ravi Prakash, Spl.P.P. For the O.P.No.2 :- Mr. Rahul Kumar Das, Advocate

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3 /11.11.2022 This petition has been filed for quashing of entire criminal proceeding including the Complaint Case No. 5096 of 2018 lodged on 05.12.2018 under section 138 of Negotiable Instrument Act, 1881, pending in the Court of learned Judicial Magistrate, Ranchi.

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Learned counsel for the petitioner submits that the amount in question is disputed amount. He submits that petitioner has already paid certain amount which is admitted by the learned counsel for the O.P. No. 2.

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Learned counsel for the O.P. No.2 submits that the case is pending before the learned trial court and the contention of the petitioner can be considered by the learned trial court.

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The case is arising out of 138 N.I. Act. The petitioner has already paid certain amount to the O.P. No. 2.

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If any dispute with regard to payment of amount is there, the O.P.No.2 can substantiate his claim before the learned court and, 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.

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Interim order is vacated.

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( Sanjay Kumar Dwivedi, J.)

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SI/

Sri Sanjeet Narayan Jha v. the State of Jharkhand

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Sri Sanjeet Narayan Jha v. the State of Jharkhand

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