Dismissed

Naveen Kumar v. State Of Bihar and Anr.

Patna HC4 Jul 2017CR. MISC./29819/2014

Case brief

AI extract

What is this about?

The Patna High Court dismissed an application under Section 482 CrPC seeking quashing of proceedings for dishonour of cheque under Section 138 NI Act, holding that a prima facie case was made out and the orders of the lower courts were rightly upheld.

What did the court decide?

The criminal miscellaneous application was dismissed; the proceedings under Section 138 NI Act were allowed to continue.

Naveen Kumar Vs State Of Bihar and Anr. — Cheque Dishonour | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.29819 of 2014

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Arising Out of PS.Case No. -2947 Year- 2007 Thana -MUZFFARPUR COMPLAINT CASE District- MUZAFFARPUR

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=========================================================== Naveen Kumar, S/o Ram Anup Sharma, R/o Village-Narma, P.S.-Hathauri, District-Mazaffapur

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.... .... Petitioner

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Versus

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1. The State of Bihar 2. Ramesh Kumar, S/o Sri Shyam Bihari, R/o village-Narma, P.S.-Hathauri, District-Muzaffarpur

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.... .... Opposite Party

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=========================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar @ S.K. For the Opposite Party/s : Mr. Akhileshwar Dayal, APP

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=========================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL JUDGMENT Date: 04-07-2017

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This application has been filed under Section 482 of the

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Code of Criminal Procedure praying therein to quash the order dated 21.11.2013 passed by District & Sessions Judge, Muzaffarpur in Criminal Revision No. 201 of 2013 whereunder the order dated 22.05.2013 passed by Judicial Magistrate, 1^st Class, Muzaffarpur in Complaint Case No. 2947 of 2007 was upheld and the Criminal Revision of the petitioner was dismissed. The learned Magistrate as per the order dated 22.05.2013 refused to drop the proceeding.

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Heard the learned counsel for the petitioner and the learned APP for the State.

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Patna High Court Cr.Misc. No.29819 of 2014 dt.04-07-2017

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The learned counsel for the petitioner submits that the Opposite Party No. 2 has filed a Money Suit No. 15 of 2010 for realizing the amount, which is also subject matter of the present complaint case. The present complaint case relates to dishonour of cheque and allegation of cheating the complainant.

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The learned APP for the State, on the other hand, submits that the petitioner is liable to be prosecuted as prima facie case for the offence under Section 138 of the N.I. Act is made out.

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On perusal of records, it appears that the Opposite Party No. 2 (complainant) had given a cheque of Rs. 1,000,00/- with a condition that the same would be returned within a year. The petitioner issued a cheque for the said amount in favour of the complainant which was dishonoured on account of insufficient money in the account. The complainant after complying the provision of N.I. Act has filed the case. After enquiry, the learned Magistrate found prima facie case for the offence under Section 138 of the N.I. Act and ordered for issuance of summons. The learned Sessions Judge has rightly rejected the revision of the petitioner.

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In view of the submissions made above, I do not find

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Patna High Court Cr.Misc. No.29819 of 2014 dt.04-07-2017

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any merit in this application. Accordingly, this Criminal

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Miscellaneous Application is dismissed.

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(Sanjay Kumar, J)

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ajaypd./-

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AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	06.07.2017
Transmission Date	06.07.2017

Naveen Kumar v. State Of Bihar and Anr.

Case brief

What is this about?

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Naveen Kumar v. State Of Bihar and Anr.

Case brief

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