In a criminal miscellaneous petition filed to quash an FIR for cheque dishonour and cheating offences under IPC and NI Act, the Patna High Court dismissed the application.
Application for quashing of FIR under Section 482 CrPC dismissed.
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.26672 of 2023
Arising Out of PS. Case No.-57 Year-2023 Thana- BIHAR District- Nalanda
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RANJIT KUMAR S/O ARJUN PRASAD Resident of Village- Meghi, P.S.Deepnagar, District- Nalanda at present residing at Qamruddinganj, P.S.Laheri, District- Nalanda.
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Sanjeev Kumar For the Opposite Party/s : Mr.Ashok Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER
This application has been filed for quashing the F.I.R.
of Bihar P.S. Case No. 57 of 2023 dated 18.01.2023, G.R. No. 397/2023 registered for the offences under Sections 420, 406/120B of the IPC and Section 138 of the N.I. Act.
The prosecution story in short is that On 15.01.2021
informant has given Rs. 1,54,000,00/- (One Crore fifty four lacs) to the petitioner due to old relation for development of business at his residence in presence of witnesses namely Dilip Kumar and Rajiv Kumar and an agreement was prepared with condition that if the amount is not returned within stipulated period then Nonia Showroom of the petitioner will come on the
Patna High Court CR. MISC. No.26672 of 2023(2) dt.27-04-2023 2/3
possession of the informant in lieu of said amount petitioner has given advance four cheque of Union Bank of India vide Cheque No. 095072 of Rs. 40,00,000/- (Rs. forty lacs) (2) 095073 of Rs. 40,00,000/- (Rs. forty lacs) (3) 0955074 of Rs. 40,00,000/- (Rs. forty lacs) (4) 095075 of Rs. 40,00,000/- (Rs. forty lacs) (5) 1,54,000,00/- (One Crore fifty four lacs) without date and with signature of the petitioner in connection A/c No. 409505010011895. after receiving the cheque, the informant has submitted Cheque No. 095072 in his A/C No. 31806632515, S.B.I Khandakpar, Biharsharif, Nalanda on 20.12.2022. The Branch Manager, SBI Khandakpar Biharsharif has returned the Cheque on 21.12.2022 that there is no amount in A/c of the petitioner and the informant has informed through Mobile to the petitioner about this. The Branch Manager has returned the Cheque No. 095072 because no amount was in this A/c of the petitioner and then on 15.01.2023 the informant went at the residence of the petitioner at Qumruddinganj and said that there is no amount in your account.
In view of the law laid down by the Hon’ble Supreme court in the case of Neeharika infrastructure pvt Ltd. V. State of maharshtra and others (2020) 10 SCC 118 , the prosecution cannot be nipped at the bud.
Patna High Court CR. MISC. No.26672 of 2023(2) dt.27-04-2023 3/3
This application is dismissed.
(Sandeep Kumar, J)
Shishir/-
U
2 issues framed by the court
Whether the petition for quashing of the FIR in cheque dishonour and cheating cases should be allowed or dismissed.
Whether the prosecution should be permitted to proceed given the facts of the cheque return and alleged prior business relationship.
Colour shows how this judgement treated each authority
Neeharika infrastructure pvt Ltd. V. State of maharshtra and othersDistinguished¶20
(2020) 10 SCC 118 · Who else cites this
2 provisions across 2 enactments
Ranjit Kumar S/o Arjun Prasad
State of Bihar
Jitendra Prasad Singh S/o Late Radhe Krishna Prasad
Sandeep Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
