Single judge of Jharkhand High Court quashed the summoning order dated 01.07.2013 in a cheque dishonour case due to non-application of judicial mind and remitted the matter for a fresh order.
The order summoning dated 01.07.2013 was set aside and the matter was remitted for a fresh order.
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, RANCHI Cr.M.P. No. 2558 of 2013
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Manoj Agrawal .... Petitioner
-- Versus -- The State of Jharkhand and Another .... Opposite Parties
CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
For the Petitioner :- Mr. Ajay Kumar Sah, Advocate For the State :- Mrs. Nehala Sharmin, Advocate For the O.P.No.2 :- Mr. K.S. Nanda, Advocate ----
10 /07.11.2023 Heard Mr. Sah, the learned counsel appearing on behalf of the petitioner, Mrs. Nehala Sharmin the learned counsel for the respondent State and Mr. K.S. Nanda, the learned counsel appearing on behalf of the O.P.No.2.
pass a fresh order in accordance with law.
( Sanjay Kumar Dwivedi, J.)
SI/,
2 issues framed by the court
Whether to quash criminal proceedings due to non-application of judicial mind in the summons order
Whether compliance of section 141 of the Negotiable Instruments Act is established
2 provisions across 2 enactments
Manoj Agrawal
The State of Jharkhand
Another
SANJAY KUMAR DWIVEDI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
