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Patna High CourtCR. MISC./2058/2022dismissed

Sanjay Kumar v. The State Of Bihar

2023-09-14Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2058 of 2022 Arising Out of PS. Case No.-1335 Year-2019 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ====================================================== SANJAY KUMAR Son of Shiv Shankar Prasad @ Shiv Shankar Gupta Resident of Village - Raghunathpur P.S. - Raghunathpur (O.P.), Dist. - East Champaran.

... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Abdul Kalam Son of Abdu Ajij Anshari Resident of Village - Nakchhed Tol Ward No. 4, Pro Phaishal Enterprises Motihari, P.S. - Motihari, Dist. - East Champaran, Motihari.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 14-09-2023 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

2. The present application has been preferred by the petitioner under Section 482 of the CrPC for quashing the order dated 25.10.2019 passed by the Judicial Magistrate 1st Class, East Champaran, Motihari in Complaint Case No.1335 of 2019, by which the learned Magistrate has issued summons to the petitioner under Section 138 of the Negotiable Instruments Act.

3. It is an admitted fact that the petitioner issued a cheque to the complainant which was dishonoured by the Bank.

Patna High Court CR. MISC. No.2058 of 2022(2) dt.14-09-2023 2/2

4. The plea of the petitioner is that some of the cheques from the passbook were missing and it was the reason that the petitioner closed his account.

5. I do not find any reason to interfere with the impugned order. The application is hereby dismissed.

6. Office shall ensure that all the defects are removed by the petitioner within the stipulated time provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) HR/- U T