Bittu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12049 of 2023 Arising Out of PS. Case No.-306 Year-2021 Thana- BANKA District- Banka ====================================================== BITTU SINGH S/o Sharma Nand Singh R/o Village- Karhariya, P.O. and P.S.- Banka, Distt- Banka.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Prabhat Ranjan S/o Ramchandra Prasad Singh R/o village- Babutola, P.S.and Distt- Banka.

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

For the Petitioner/s :

Mr. Subhash Kumar Jha For the Opposite Party/s :

Mr. Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 17-07-2023 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the opposite party no. 2.

2. This application has been filed for quashing the order dated 17.11.2022 passed by learned Sessions Judge, Banka in Cr. Revision No. 40 of 2022 by which he has rejected the prayer for quashing the order dated 10.05.2022 passed by learned Ruby Kumari, J.M. 1st Class, Banka in connection with Banka P.S. Case No. 306 of 2021, corresponding to G.R. No. 5078/2021 by which she has pleased to reject the discharge petition of the petitioner under Section 239 of Cr. P.C.

3. As per prosecution, informant alleged that

Patna High Court CR. MISC. No.12049 of 2023(4) dt.17-07-2023 2/3 as per the agreement dated 08.09.2020, the informant Prabhat Ranjan agreed to purchase a Hyva Truck bearing Reg. No. BR 51 C6669 from the accused petitioner on consideration amount of Rs. 18,00,000/- as per the said agreement the informant paid Rs. 18 Lac to the petitioner and when the informant asked the petitioner to hand over the vehicle to him, the petitioner refused to hand over the same, when the informant asked the petitioner to return money the petitioner issued a cheque No.- 001166 dated 31.01.2021 in favour of the informant but the same was dishonored by the Bank. Thereafter, informant went to petitioner's house upon which the petitioner abused and threatened to kill, accordingly, a legal notice was served by the informant to the petitioner.

4. The allegation against the petitioner is that he has cheated the opposite party no. 2 and the cheque issued by him has bounced. Now, the police has submitted chargesheet against the petitioner after investigation and the case is at the stage of framing of charge. The petitioner wants the examination of the defence materials whereas the trial court has to find as to whether a strong prima facie case is there or not for framing of charge. The trial court has found a strong prima facie is there for framing of charge.

Patna High Court CR. MISC. No.12049 of 2023(4) dt.17-07-2023 3/3

5. I am not inclined to disagree with the trial court after going through the impugned order. The application is dismissed.

6. The trial court is directed to proceed with the trial on day to day basis and conclude the same at the earliest. (Sandeep Kumar, J) Ranjeet/- U T