Petitioner filed an application under Section 482 CrPC to quash cognizance in a cheque dishonour case. The High Court dismissed the application due to the petitioner failing to follow court orders and issue cheque.
Application for quashing cognizance dismissed; interim order vacated; lower court directed to proceed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.40943 of 2017
Arising Out of PS. Case No.-1157 Year-2016 Thana- SAHARSA COMPLAINT CASE District- Saharsa
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Pappu Kumar @ Rajiv Ranjan S/o Prabhash Prasad Jaiswal, Proprietor-M/S. Mahalaxmi Rice Mill, P.S. Salkhua, P.O.-Salkhua, Dist.-Saharsa.
... ... Petitioner/s
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Sanjeet Kumar For the Opposite Party/s : Mr.Digvijay Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER
3 25-04-2023 Heard learned counsel for the petitioner and learned
counsel appearing on behalf of the State.
This application is being filed under Section 482 of the Code of Criminal Procedure, 1973 on behalf of the petitioners, above named inter alia for quashing of the cognizance order dated 17.03.2017, passed by the Court of Learned D.D. Mishra, ACJM, Saharsa in complaint Case No. 1157 © of 2016 by which cognizance of the offence has been taken under section 138 of the Negotiable Instrument Act, 1881 and at present the same is pending in the Court of Learned D.D. Mishra, ACJM, Saharsa.
Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.40943 of 2017(3) dt.25-04-2023 2/2
petitioner is not giving proper instruction in the matter and is not sending the cheque as per the oral observation of this Court.
In these circumstances, this application is dismissed.
The interim order given to petitioner is vacated. The Court below will proceed in the matter.
Let a copy of the order be communicated to the District Judge, Saharsa through FAX and e-mail forthwith.,
(Sandeep Kumar, J)
Sunnykr/-
U
1 provisions across 1 enactments
Pappu Kumar @ Rajiv Ranjan S/o Prabhash Prasad Jaiswal
State Of Bihar and Anr
Bablu Sah S/o Sachchidanand Sah
Sandeep Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
