Petition to quash cognizance under Sections 406, 420, 352 IPC and Section 138 NI Act arising from a second complaint concerning the same dishonoured cheques already subject of an earlier pending complaint. The court held the subsequent complaint bad in law and quashed the cognizance order qua the petitioner.
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.5001 of 2019
Arising Out of PS. Case No.-29777 Year-2014 Thana- PATNA COMPLAINT CASE DistrictPatna
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Rajeev Kumar, S/o Basudeo Rai, Resident of Mohalla- New Jakkanpur, B.K. Datta Lane, P.S.- Jakkanpur, District- Patna.
... ... Petitioner
... ... Opposite Parties ====================================================== Appearance : For the Petitioner : Mr. Sunil Kumar Singh No.10, Advocate For the State : Mr. Jharkhandi Upadhyay, APP For the Complainant : Mr. Jeetendra Narayan, Advocate
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CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL JUDGMENT
Date : 14-07-2026
Heard learned counsel appearing for the petitioner, learned APP for the State duly assisted by learned counsel appearing for complainant/O.P. No.2.
Patna High Court CR. MISC. No.5001 of 2019 dt.14-07-2026 2/5
short ‘I.P.C.’) as well as Section 138 of the Negotiable Instruments Act (for short ‘N.I. Act’).
Patna High Court CR. MISC. No.5001 of 2019 dt.14-07-2026 3/5
15.05.2014 respectively drawn on S.B.I. A/c No.20013024655 but, these three cheques were not presented in the bank on the request of petitioner. The petitioner had again given three cheques of HDFC Bank bearing A/c No.02351530011143 and out of which, only one cheque bearing no.254704 dated 16.06.2014 was deposited in the bank, which was bounced back on 19.06.2014 and then, a Complaint Case No.28589 of 2014 was filed in the Court of Chief Judicial Magistrate, Patna, which is pending. Thereafter, both two cheques bearing No.254705 dated 26.08.2014 and 254707 dated 10.07.2014 had also bounced back due to insufficiency of fund. It was further alleged that in the morning of 08.10.2014, the petitioner had called the complainant on his home with a promise to pay the said amount but when the complainant along with his sons had gone to petitioner’s house, all cheques were snatched and nothing had paid.
Patna High Court CR. MISC. No.5001 of 2019 dt.14-07-2026 4/5
Cheque Nos. 354037, 354036, 354038 were issued on 10.04.2013, 05.03.2014 and 15.05.2014 respectively, which upon presentation by the complainant before his bank were dishonoured. It is submitted that for same set of cheques, the present subsequent complaint case bearing No.29777 of 2014 was filed by the complainant before the learned Chief Judicial Magistrate, Patna. In support of his submission, learned counsel for the petitioner has relied upon legal report of Hon’ble Supreme Court as available through Subrata Choudhary alias Santosh Choudhary and Ors. vs. State of Assam and Another [2014 SCC OnLine SC 3126] .
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learned trial court forthwith.
(Chandra Shekhar Jha, J.)
Sanjeet/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | NA |
| Uploading Date | 15.07.2026 |
| Transmission Date | 15.07.2026 |
2 issues framed by the court
Whether a subsequent complaint for the same cause of action and same cheques is maintainable when an earlier complaint was already pending.
Whether the cognizance order dated 12.05.2015 in Complaint Case No.29777 of 2014 should be quashed qua the petitioner.
Colour shows how this judgement treated each authority
Subrata Choudhary alias Santosh Choudhary and Ors. vs. State of Assam and AnotherRelied on
[2014 SCC OnLine SC 3126] · Who else cites this
2 provisions across 2 enactments
Rajeev Kumar
The State of Bihar
Ram Jee Tiwari
Chandra Shekhar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
