Ranjit Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23420 of 2016 Arising Out of PS.Case No. -2509 Year- 2012 Thana -PATNA COMPLAINT CASE DistrictPATNA ====================================================== Ranjit Kumar Son of Bipin Bihari Verma resident of Mohalla - Ghasiari Gali, Dewan Mohalla, Police Station Khajkala, District - Patna .... .... Petitioner

Versus

1. The State of Bihar

2. Mr. Shailendra Kumar Son of Sri Ram Sharan Pandey resident of Mohalla - Hanuman Nagar, Police Station Patrakar Nagar, District - Patna .... .... Opposite Parties ====================================================== Appearance :

For the Petitioner : Mr. Madan Mohan Prasad, Advocate.

For the Opposite Party : Mr. Sanjay Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-09-2016 Heard both sides.

The petitioner has filed this petition for quashing the order dated 21.01.2013 passed in Complaint Case No. 2509(C) of 2012 by Sri A.K. Ram, the Judicial Magistrate 1st Class, Patna by which he found prima facie case under Section 138 of the N.I. Act against the petitioner and others.

Learned counsel for the petitioner submits that the petitioner is a witness to the deed of agreement and he did not issue any cheques but this quashing petition has been filed after more than three years, therefore, on this ground alone, I am not inclined to quash the order aforesaid.

Accordingly, the quashing petition is dismissed with

Patna High Court Cr.Misc. No.23420 of 2016 (2) dt.22-09-2016 2/2 liberty to the petitioner to raise all the points at the time of framing of charge.

(Prabhat Kumar Jha, J.) KKSINHA/- U T