Petitioner sought permission to withdraw a quashing application challenging an impugned order regarding a cheque dishonour case. The court granted relief for withdrawal and dismissed the application as withdrawn.
Permission to withdraw the quashing application accorded; application dismissed as withdrawn.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.30563 of 2023
Arising Out of PS. Case No.-486 Year-2022 Thana- BHOJPUR COMPLAINT CASE District- Bhojpur
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Laxmi Narayan Dubey S/O Late Ramadhar Dubey Resident Of VillageJapani Farm Katira, Ara Krishi Bigiyan Kendra Bhojpur, Ara P.S.- Ara Nawada, District- Bhojpur, Ara.
... ... Petitioner
Versus
... ... Opposite Party/s
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Appearance : For the Petitioner/s : Mr.Aditya Narayan Singh.1 For the Opposite Party/s : Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
2 24-10-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.
2 . Learned counsel for the petitioner seeks permission
to withdraw the present application which has been filed for quashing the order dated 24.02.2023 passed by learned Court of Sessions Judge, Bhojpur, Ara by which the said revision preferred by the Opposite Party No. 2 and 3 has been allowed and thus the order dated 28.05.2022 passed in Complaint Case No. 486C of 2022 by the learned Judicial Magistrate-1st Class, Ara, Bhojpur whereby he has taken cognizance against the O.P.
Patna High Court CR. MISC. No.30563 of 2023(2) dt.24-10-2024 2/2
No. 2 and 3 under Section 138 of the N.I. Act which has been set aside only on the ground that the O.P. No. 2 and 3 are the directors of Shriram Narayan Construction Pvt. Ltd. and Shriram Narayan Construction Pvt. Ltd. has not been made party to the complainant, without considering the facts and circumstances of the case.
3 . Permission is accorded.
4. Accordingly, the present quashing application is
dismissed as withdrawn.
(Chandra Prakash Singh, J)
atul/-
U T
1 issue framed by the court
Whether permission to withdraw a quashing application filed under Section 138 of the Negotiable Instruments Act should be accorded.
1 provisions across 1 enactments
Laxmi Narayan Dubey
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
