Single judge quashed the order of cognizance in a criminal complaint filed as a defence to a cheque bounce suit instituted earlier in Kolkata, holding it was merely a defensive mechanism.
The application for quashing is allowed and the order of cognizance dated 16.08.2008 is set aside.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16321 of 2009
Arising Out of PS.Case No. -0 Year- null Thana -null District- BHAGALPUR =========================================================== Ajay Kumar Sinha @ Ajay Sinha & Anr .... .... Petitioner/s Versus State of Bihar & Ors .... .... Opposite Party/s with =========================================================== Criminal Miscellaneous No. 2254 of 2010 Arising Out of PS.Case No. -0 Year- null Thana -null District- BHAGALPUR =========================================================== 1. Sanjay Kumar Singh S/O Late Anirudh Singh R/O New Tarachak,Danapur,Dist.-Patna. .... .... Petitioner/s Versus 1. The State Of Bihar 2. Rakesh Kumar Singh S/O Bimal Kumar Singh Proprietor Of Kumar Enterprises,At Rajoun,P.S.-Rajoum,Dist.- Banka. .... .... Opposite Party/s with =========================================================== Criminal Miscellaneous No. 17036 of 2009 Arising Out of PS.Case No. -0 Year- null Thana -null District- BHAGALPUR =========================================================== O.P.Puran Malka .... .... Petitioner/s Versus State of Bihar & Anr .... .... Opposite Party/s =========================================================== Appearance : (In Cr.Misc. No. 16321 of 2009) For the Petitioner/s : Mr. N.K. Agarwal, Sr. Adv. Mr. D.N. Tiwari, Adv. For the Opposite Party/s No. 2. : Mr. Diwakar Upadhya, Adv. (In Cr.Misc. No. 2254 of 2010) For the Petitioner/s : Mr. Mr. Rabindra Nath Verma For the Opposite Party/s : Mr. (In Cr.Misc. No. 17036 of 2009) For the Petitioner/s : Mr. Mr. D.N.Tiwari
Patna High Court Cr.Misc. No.16321 of 2009 dt.17-07-2015
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For the Opposite Party/s : Mr.
=========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 17-07-2015
The petitioners seek quashing of the order of cognizance dated 16.08.2008 passed by the Judicial Magistrate 1st Class, Bhagalpur in Complaint Case No. 635 of 2008.
The case of the complainant is that the accused person had persuaded him to start business with his company and had taken certain amount of money as security. They carried on business between 2005- 06 but later on their relationship started souring and then the complainant asked for refund of his security money as also rest of the dues but they did not do so and hence committed breach of trust.
It has been submitted on behalf of the petitioners that indeed there was business relationship between 2005-06 in course of which the complainant had issued certain cheques. However, when the cheques had bounced the company instituted complaint case bearing C/954/2007 in Kolkatta on 22.01.2007 after due legal notice. It was then the present complaint was instituted on 18.04.2008 i.e. more than a year later.
On the other hand complainant vehemently opposed the prayer and states that since the petitioner had committed fraud and
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criminal breach of trust they should be put on trial.
Having gone through the background facts I would be inclined to hold that the present complaint merely has been filed as a defence. Hence the application is allowed and the order of cognizance dated 16.08.2008 passed by the Judicial Magistrate 1st Class, Bhagalpur in Complaint Case No. 635 of 2008 is hereby set aside.
(Anjana Prakash, J)
Prakash/-
U T
2 issues framed by the court
Whether the public complaint filed as a defence to a cheque bounce case in Kolkata can sustain a criminal trial for fraud and breach of trust.
Whether the delay between the issuing of the cheque and the filing of the second complaint in Patna vitiates the proceedings.
Colour shows how this judgement treated each authority
none citedReferred
1 provisions across 1 enactments
Ajay Kumar Sinha @ Ajay Sinha & Anr
State of Bihar & Ors
Sanjay Kumar Singh
The State Of Bihar & Ors
O.P. Puran Malka
State of Bihar & Anr
Anjana Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
