Patna High CourtCR. MISC./18588/2020partly allowed disposal

Krishna Deo Kumar Singh v. The State Of Bihar

2026-01-29Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18588 of 2020 Arising Out of PS. Case No.-25 Year-2020 Thana- TARAIYA District- Saran ====================================================== Krishna Deo Kumar Singh Son Of Nagendra Singh Resident Of Village - Baraka Beneya, P.S.- Dariyapur, District- Saran ... ... Petitioner/s

Versus

The State of Bihar 2.

Manoj Kumar Singh S/O Late Shivpujan Singh R/O Village and PostAnaith, P.S.- Nawada, District- Bhojpur. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vivekanand, Advocate Mr. Pranav Kumar, Advocate For the Opposite Party/s :

Mr. Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 29-01-2026 Heard the learned counsel for the petitioner, learned APP for the State and the learned counsel for the O.P. No. 2.

2. This application has been filed for quashing of the FIR of Taraiya P.S. Case No. 25 of 2020 which was registered for the offences under Sections 420, 406, 506 of the Indian Penal Code and Section 138 of the NI Act.

3. The sole contention of the petitioner is that for an offence under Section 138 of the NI Act, a complaint case alone is maintainable and registration of an FIR is not permissible. So far as the offences under the Indian Penal Code are concerned, it is submitted that the FIR is maintainable.

4. Having considered the submission made herein

Patna High Court CR. MISC. No.18588 of 2020(3) dt.29-01-2026 2/2 above, this Court finds substance in the submission of the learned counsel for the petitioner insofar as Section 138 of the NI Act is concerned. The offence under Section 138 of the NI Act can be initiated only by way of a complaint and continuation of prosecution under the said provision through an FIR is not sustainable in law. However, the FIR is maintainable with respect to the offences alleged under the Indian Penal Code.

5. In view of the aforesaid discussions, the FIR of Taraiya P.S. Case No. 25 of 2020 is quashed only to the extent of the offence under Section 138 of the NI Act. The FIR shall continue with respect to the offences under Sections 420, 406 and 506 of the Indian Penal Code in accordance with law.

6. The O.P. No. 2 is granted liberty to file a complaint case under Section 138 of the NI Act, along with an application for condonation of delay, if so advised.

7. The interim protection granted to the petitioner by order dated 27.04.2022 is hereby vacated.

8. The application is partly allowed.

(Sandeep Kumar, J) Shishir/- U T