Patna High CourtCR. MISC./18778/2015dismissed

Mukesh Kumar Singh v. State Of Bihar And ANR

2015-05-05Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18778 of 2015 Arising Out of PS.Case No. -2596 Year- 2012 Thana -BEGUSARAI COMPLAINT CSAE DistrictBEGUSARAI ===========================================================

1. Mukesh Kumar Singh. S/o Late Praduman Narayan Singh. Resident of Mohalla - Sanhauli, P.S.- Chitragupta Nagar, District - Khagaria. Presently Proprietor of M/S Sai Auto Service, Hospital Road, Khagaria.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Rakesh Kumar. S/o Late Chandra Prakash Singh, Proprietor of M/S Chandra Prakash Auto Mobiles, NH-31, Deona, P.O.- Tilrath, P.S.- Barauni, District - Begusarai.

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

For the Petitioner/s : Mr. Ranjeet Kumar Singh, Adv. For the Opposite Party/s : Mr. Dr. Mayanand Jha, APP =========================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL JUDGMENT Date: 05-05-2015 Heard learned counsel for the petitioner and learned counsel for the State.

This application under section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 14.02.2014 passed in Complaint Case No.2596C of 2012 by the learned Judicial Magistrate 1st Class, Begusarai, whereby, finding a prima facie case to be made out for the offence punishable under section 138 of the Negotiable Instruments Act, 1881, the petitioner has been summoned to face trial.

Learned counsel for the petitioner has submitted that

Patna High Court Cr.Misc. No.18778 of 2015 dt.05-05-2015 2/2 the petitioner was under no obligation to make any payment to the complainant of the case. The alleged overwriting over the cheque in question was made by the complainant himself and not by the petitioner. The cheque in question has been misused by the complainant and presented before the Bank after making certain interpolation over it.

Be that as it may, these are disputed questions of fact, which cannot be determined by this Court in exercise of power conferred under section 482 of the Code of the Criminal Procedure. In that view of the matter, I am not inclined to entertain this application. Accordingly, the application, being devoid of any merit, is dismissed.

(Ashwani Kumar Singh, J) Pradeep/- U T