Allowed

Munni Kumari @ Munni Devi and Anr. v. State Of Bihar and Anr.

Patna HC3 Jan 2019CR. MISC./19962/2014

Case brief

AI extract

What is this about?

The Patna High Court allowed a petition under Section 482 CrPC to quash the order of cognizance in a cheating case. The matter was compromised upon production of a cheque, and the impugned order convicting the petitioner was set aside.

What did the court decide?

The order dated 01.04.2014 by the Chief Judicial Magistrate, Vaishali, taking cognizance under IPC Sections 420/406/120B/34, is quashed.

Munni Kumari @ Munni Devi and Anr. Vs State… — Contract and Commercial Disputes | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.19962 of 2014

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Arising Out of PS. Case No.-136 Year-2006 Thana- HAJIPUR District- Vaishali

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======================================================

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Munni Kumari @ Munni Devi Wife of Ajay Kumar Singh

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Ajay Kumar Singh Son of Dharmnath Singh. Both resident of Sita Chawk, Baghmali, Police Station- Hajipur Town, District- Vaishali (Hajipur) Permanent resident- Village- Panchvinda, Police Station- Taraiya, DistrictSaran (at Chapra).

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... ... Petitioner/s

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Versus

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The State of Bihar

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Shivratan Singh Son of Late Mundrika Singh, Resident of MohallaSomeshwar Nath Colony, Near R.N. College, Police Station- Hazipur, Town, District- Vaishali

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ======================================================

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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH

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ORAL JUDGMENT

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Date : 03-01-2019

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Heard learned counsel for the petitioners; learned A.P.P.

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for the State and learned counsel for the opposite party no. 2.

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The petitioners have moved the Court under Section

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482 of the Code of Criminal Procedure, 1973 for the following relief:

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“That this is an application for quashing the order of cognizance dated 1.4.2014 passed by learned Chief Judicial Magistrate, Vaishali at Hajipur in Hajipur Town Police Station Case No. 136 of 2006, whereby and whereunder the learned Court below has been pleased to take cognizance against the petitioners under Section 420/406/120(B)/34 of the Indian Penal Code, which

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Patna High Court Cr.Misc. No.19962 of 2014 dt.03-01-2019 2/2

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is pending in the Court of Shri Anand Abirekh, Judicial Magistrate, Ist Class, Hajipur (Vaishali).”

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At the very outset, learned counsel for the petitioners produced cheque of Rs. 56,000/- in favour of the petitioner no. 1. Learned counsel for the petitioners accepted the same.

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Learned counsel for the parties agreed that the matter has now been compromised between the parties.

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Having regard to the aforesaid, the application is allowed. The order dated 01.04.2014 passed by the Chief Judicial Magistrate, Vaishali at Hajipur in Hajipur Town P.S. Case No. 136 of 2006 by which cognizance has been taken against the petitioners under Sections 420/406/120B/34 of the Indian Penal Code, stands quashed.

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(Ahsanuddin Amanullah, J.)

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P. Kumar

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AFR/NAFR U T

Munni Kumari @ Munni Devi and Anr. v. State Of Bihar and Anr.

Case brief

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Munni Kumari @ Munni Devi and Anr. v. State Of Bihar and Anr.

Case brief

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