The High Court dismissed a writ petition seeking to quash a cognizance order under Section 138 of the N.I. Act. The Court held the prayer was misconceived as charges can be altered at any stage under Section 216 Cr.P.C. and finding no merit.
The petition was dismissed as the prayer was misconceived and had no merit.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr.M.P. No. 1800 of 2014
Md. Faiyaz Alam … Petitioner
-Versus-
CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
For the Petitioner : Mr. Ankit Apurva, Advocate For the State : Ms. Sushma Aind, A.P.P.
05/05.05.2023 This petition has been filed for quashing the order dated 17.05.2014 passed by the learned Chief Judicial Magistrate, Gumla in Complaint Case No.39/2013, whereby, he has been pleased to take cognizance under Section 138 of the Negotiable Instrument Act and he has not taken cognizance under Sections 406, 417, 418, 420, 468 and 469 of the Indian Penal Code, pending in the court of the learned Chief Judicial Magistrate, Gumla.
(Sanjay Kumar Dwivedi, J.)
Ajay/
1 issue framed by the court
Whether the High Court can interfere with the order taking cognizance under Section 138 of the N.I. Act where other charges under the IPC were not taken.
2 provisions across 2 enactments
Md. Faiyaz Alam
The State of Jharkhand
Shristidhar Mahto
Sanjay Kumar Dwivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
