Petitioner sought quashing of cognizance under Sections 420, 406 and 120B IPC in a cheating case arising from blank cheques taken for a loan. The petitioner returned six blank security cheques to the informant in court; no lis remained. The High Court quashed the cognizance order against the petitioner as abuse of process.
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.3358 of 2022
Arising Out of PS. Case No.-192 Year-2016 Thana- SHEOHAR District- Sheohar
======================================================
CHANDAN KUMAR S/O SITA SARAN SINGH Resident of Basara Shukul, Muzaffarpur, P.S.- Saraiya, District- Muzaffarpur
... ... Petitioner/s
Versus
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner : Mr. Shivendra Kumar Roy, Advocate For the State : Mr. Upendra Kumar, APP For Opposite Party No.2 : Mr. Krishna Murari, Advocate ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
6 20-03-2024
Patna High Court CR. MISC. No.3358 of 2022(6) dt.20-03-2024 2/3
informant/Opposite Party No. 2 gave six blank cheques to this petitioner, in order to get loan to buy a vehicle but thereafter this petitioner neither gave the loan in question nor returned the cheques.
Patna High Court CR. MISC. No.3358 of 2022(6) dt.20-03-2024 3/3
misappropriation done by the company or this petitioner and as such, continuation of the proceedings against this petitioner would amount to abuse of the process of court.
(Prabhat Kumar Singh, J)
shashank/-
U T
1 issue framed by the court
Whether cognizance order dated 21.12.2020 against the petitioner should be quashed given return of blank security cheques and no remaining dispute.
4 provisions across 2 enactments
Chandan Kumar
The State of Bihar
Raj Kumar Singh
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
