Bhaskar Chakraborty Alias Bhaskar Chakrbarti Vs the State of Jharkhand

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[ 2026:JHHC:20337 ]

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.1947 of 2022

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Bhaskar Chakraborty @ Bhaskar Chakrbarti, aged about 32 years, S/o Asit Chakraborti, Resident of Village 19/4 Uttar Purvanchal South Canal Road Haltu, P.O. Haltu, P.S. Haltu, District- Kolkata (West Bengal) India.

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Arbind Kumar, aged about 36 years, S/o Kalicharan Saw, Resident of Charhi, P.O. Charhi, P.S. Charhi, DistrictHazaribagh (Jharkhand). … Petitioners

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Versus

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The State of Jharkhand

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Nitesh Kumar Sharma, aged about 33 years, S/o Sushil Kumar Sharma, Resident of Mansarovar House Lalji Hirji Road, O.C.C. First Street, P.O. & P.S. Kutwali, District- Ranchi, (Jharkhand) …

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Ranchi-834001. Opposite Parties.

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For the Petitioners : Mr. Prem Prakash, Advocate. For the State : Mr. P.D. Agarwal, Spl.P.P. For the O.P. No.2 : Mr. A.S. Dayal, Advocate. Mr. Anurag Kashyap, Advocate. Ms. Supriya Dayal, Advocate.

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P R E S E N T

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HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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By the Court:- Heard the parties.

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This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Cr.P.C. with the prayer to quash the First Information Report as well as the entire criminal proceedings including the order taking cognizance dated 30.06.2025 passed by the learned Chief Judicial Magistrate, Ranchi, and also quashing the order dated 31.01.2025 in connection with Kotwali P.S. Case No. 228 of 2019 in which the learned Magistrate has taken cognizance for the offences punishable under Sections 379, 420, 467, 468, 471 and 34 of the Indian Penal Code.

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1

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Cr. M.P. No.1947 of 2022

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[ 2026:JHHC:20337 ]

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Learned counsel for the petitioners submits that the petitioner no.1 presented a cheque belonging to informant which the informant claims, was never issued by the informant and the same was stolen by the petitioner no.2 being Arbind Kumar and the petitioner is a friend of Arbind Kumar and even though there is no transaction between the informant and the petitioner no.1, but still the petitioner no.1 has produced the said cheque.

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Learned counsel for the petitioners by drawing the attention of this Court to Annexure-02 which is the agreement entered into between the informant and the petitioners and in para-04 of which it has been mentioned that as per the terms of the said agreement the cheque in question bearing no. 370392 has been given by the informant to the petitioner. It is further submitted that the same is undisputed document hence, even if the entire allegations levelled against the petitioners are considered to be true, no offence is made out against the petitioners, therefore, it is submitted that the prayer as prayed for in this Cr.M.P. be allowed.

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The learned Additional Public Prosecutor assisted with learned counsel for the O.P. No.2 on the other hand vehemently oppose the prayer, but do not dispute the agreement kept at Annexure-02. But, it is submitted that this Cr.M.P. being without any merit be dismissed.

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Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, it is pertinent to mention here that it is the admitted case of the informant that the informant entered into an agreement with the petitioners and he issued a cheque bearing no. 370392 in favour of the petitioners. So, the

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2 Cr. M.P. No.1947 of 2022

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[ 2026:JHHC:20337 ]

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mere fact that the petitioners presented this cheque for withdrawal of money mentioned in the cheque, cannot constitute any offence. Therefore, this Court finds that as no offence in respect of which cognizance has been taken by the learned Chief Judicial Magistrate is made out, even if the entire allegations as made against the petitioners are considered to be true in their entirety, therefore, this court is of the considered view that the continuation of criminal proceeding against the petitioners will amount to abuse of process of law. Hence, this is a fit case where the entire criminal proceedings and the First Information Report including the order taking cognizance dated 30.06.2025 passed by the learned Chief Judicial Magistrate, Ranchi, be quashed and set aside.

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Accordingly, the entire criminal proceedings as well as First Information Report in connection with Kotwali P.S. Case No. 228 of 2019 in which the learned Chief Judicial Magistrate has taken cognizance for the offences punishable under Sections 379, 420, 467, 468, 471 and 34 of the Indian Penal Code and the said case is now pending before the learned Chief Judicial Magistrate, Ranchi is quashed and set aside only against the petitioners.

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In the result, this Cr.M.P. stands allowed.

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(Anil Kumar Choudhary, J . )

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High Court of Jharkhand, Ranchi Dated the 08^th July, 2026 AFR/ Amar Uploaded on 10/07/2026

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3 Cr. M.P. No.1947 of 2022

Bhaskar Chakraborty Alias Bhaskar Chakrbarti v. the State of Jharkhand

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Bhaskar Chakraborty Alias Bhaskar Chakrbarti v. the State of Jharkhand

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