The Patna High Court, in a criminal miscellaneous matter arising from a cheque dispute, disposed of the petition by setting aside the order of cognizance after the opposite party accepted a cheque produced by the petitioner in court.
The order of cognizance dated 19.04.2014 passed in Complaint Case No.3706 of 2013 is set aside.
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 JUDICATURE AT PATNA Criminal Miscellaneous No.30006 of 2014
Arising Out of PS.Case No. -3706 Year- 2013 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Ashok Kumar, son of Basudeo Narain Sinha, resident of villageBhagwanpur, P.O. + P.S.-Katrisarai, district- Nalanda, presently residing at B-18/9, Phase- I, DLF City, Gurgaon (Haryana) .... .... Petitioner/s Versus 1. The State of Bihar & 2. Smt. Manjula Kumari, w/o Sri Surendra Prasad Sigh, resident of 302, Sushma Apartment, Rajendra Nagar Road, 10, P.S.- Kadam Kuan, District- Patna. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Abhishek Kumar, Advocate For the Opposite Party/s : Mr. Ajit Kumar, APP Mr. Ashok Kumar, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 4/ 26-04-2016 Learned counsel for the Petitioner produces a cheque of ` six lac bearing no.086514 dated 26.04.2016 of Oriental Bank of Commerce, Appollo Hospital, Sarita Vihar, New Delhi, which admittedly was the money transacted between the parties. The Opposite Party No.2 accepts the cheque and signs in the margin of the order-sheet in token of receipt of the same which was identified by her counsel.
In view of such, without prejudice to the rights of the parties, further proceeding including the order of cognizance dated 19.04.2014 passed by the Judicial Magistrate, 1st class, Patna, in Complaint Case No.3706 of 2013 is hereby set aside.
Patna High Court Cr.Misc. No.30006 of 2014 (4) dt.26-04-2016
2/2
JA/-
U T
The application stands disposed off.
(Anjana Prakash, J)
1 issue framed by the court
Whether to set aside the order of cognizance in Complaint Case No.3706 of 2013 upon submission of an accepted cheque.
Ashok Kumar
The State of Bihar
Smt. Manjula Kumari
Anjana Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
