Allowed

Shobha Kumari v. State Of Bihar and Anr.

Patna HC11 Dec 2014CR. MISC./31632/2014

Case brief

AI extract

What is this about?

The Patna High Court dismissed a petition seeking quashing of an order of cognizance in a cheque dishonour case. The court observed that the petitioner's grievance was misplaced but ultimately set aside the order of cognizance.

What did the court decide?

The order of cognizance dated 8.3.2013 passed by the Judicial Magistrate, 1st class, Patna in Complaint case No.2900C of 2012 is set aside.

Shobha Kumari Vs State Of Bihar and Anr. — Cheque Dishonour | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31632 of 2014

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Arising Out of PS.Case No. -2900 Year- 2012 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== 1. Shobha Kumari w/o late Sugrib Mandal, r/o vill Nasartkhani, P.S. Nath Nagar, Distt. - Bhagalpur. .... .... Petitioner/s Versus 1. State of Bihar 2. Manohar Prasad Singh, Advocate s/o Sri Singheshwar Prasad Singh at present Mohalla , Mayur Bihar Colony, Jagdeopath, Baily Road, P.S. Rajiv Nagar, Distt. - Patna, PIN. 800014, Permanent village - Chhoti Jamin, P.O. Murhan Hat, P.S. - Goradih, Distt. Bhagalpur. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Amresh Kumar Sinha, Advocate For the Opposite Party/s : Mr. Ajay Kr.Jha, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 2 11-12-2014 The Petitioner seeks quashing of the order of cognizance dated 8.3.2013 passed by the Judicial Magistrate, 1^st class, Patna in Complaint case No.2900C of 2012.

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The case of the Complainant is that he had worked for the Petitioner on commission basis in a certain case. But after the compensation amount was received by the Complainant she did not pay the commission instead she gave a cheque which bounced.

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It has been submitted on behalf of the Petitioner that subsequently the amount was given to the Complainant and hence no grievance survives.

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On the other hand, the Counsel for the Complainant

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Patna High Court Cr.Misc. No.31632 of 2014 (2) dt.11-12-2014

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2/2

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submits that about 4 lacs rupees are still to be paid to him.

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Considering that the very grievance of the Petitioner is misplaced, I see no merit in the Complaint petition. The same is dismissed.

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The application stands allowed and the order of cognizance dated 8.3.2013 passed by the Judicial Magistrate, 1^st class, Patna in Complaint case No.2900C of 2012 is hereby set aside.

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(Anjana Prakash, J)

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Narendra/-

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U T

Shobha Kumari v. State Of Bihar and Anr.

Case brief

What is this about?

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Shobha Kumari v. State Of Bihar and Anr.

Case brief

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What did the court decide?

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