Allowed¶21

Pratibha Kumari v. the State of Bihar

Patna HC8 Aug 2024CR. MISC./42303/2024

Case brief

AI extract

What is this about?

Quashing of cognizance order on joint submission of settlement between parties; offences under Sections 406 and 420 IPC and Section 138 N.I. Act; Complaint Case No. 131 (C)/2017, J.M.-Ist Class, Patna; arising out of P.S. Case No. 131 of 2017, Patna Complaint Case; petitioners Pratibha Kumari, Shiv Shankar Das @ Shiv Shankar Prasad and Uma Shankar Prasad; opposite parties The State of Bihar and Amrita Kumari; Criminal Miscellaneous No.42303 of 2024; Patna High Court; Justice Sandeep Kumar; decided 08-08-2024; advocates Aditya Kumar (petitioners), Arun Kumar Pandey (APP, State), Sanjeev Saran (opposite party no. 2).

What did the court decide?

Application allowed; order dated 18.05.2017 passed in Complaint Case No. 131(C)/2017 (taking cognizance under Sections 406 and 420 IPC and Section 138 N.I. Act) quashed. ¶21

Pratibha Kumari Vs the State of Bihar — Cheque Dishonour | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.42303 of 2024

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Arising Out of PS. Case No.-131 Year-2017 Thana- PATNA COMPLAINT CASE DistrictPatna

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

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Pratibha Kumari D/O Shiv Shankar Das R/O C/O Uma Shankar Prasad, Lig30, Housing Board Colony, Barari, Bhaglapur, Permanent Resident Of Bharko Post- Bharko, Distt.- Banka.

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Shiv Shankar Das @ Shiv Shankar Prasad S/O Late Kameshwar Prasad Das Resident Of Bharko Post- Bharko, Distt.- Banka.

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Uma Shankar Prasad Working As Office Bearer, S.S. Infosolution, Bharko, Banka And Having Its Office At Lig-30, Housing Board Colony, Barari, Bhagalpur.

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... ... Petitioner/s

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Versus

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The State of Bihar

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Amrita Kumari D/O Sri Amit Kumar Chaudhary Director- M/S Amazon Infosolution Pvt. Ltd. Having Its Office At Kashyap Shailja Tower, Office No. 302, Post And P.S- Kankarbagh, Distt.- Patna, Pin- 800020.

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Aditya Kumar, Advocate For the State : Mr.Arun Kumar Pandey, APP For the OP No. 2 : Mr. Sanjeev Saran, Advocate ======================================================

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CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

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2 08-08-2024

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Heard Mr. Aditya Kumar, learned counsel for the petitioners; learned APP for the State and Mr. Sanjeev Saran, learned counsel opposite party no. 2.

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The present application has been filed for setting aside the order dated 18.05.2017 in Complaint Case No. 131 (C)/2017 passed by learned J.M.-Ist Class, Patna, wherein cognizance has been taken under Sections 406 and 420 of the Indian Penal Code and Section 138 of N.I. Act against the

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Patna High Court CR. MISC. No.42303 of 2024(2) dt.08-08-2024 2/2

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petitioners.

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It has been jointly submitted by learned counsels for the parties i.e., petitioners and the opposite party no. 2 that the matter has been settled between the parties and they pray that the complaint case may be quashed.

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In view of the above, no useful purpose will be served by keeping the complaint case pending.

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Accordingly, this application is allowed and the order dated 18.05.2017 passed in Complaint Case No. 131(C)/2017 is hereby quashed.

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(Sandeep Kumar, J)

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P. Kumar

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U T

Pratibha Kumari v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Pratibha Kumari v. the State of Bihar

Case brief

What is this about?

What did the court decide?

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