Sanjay Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36361 of 2012 Arising Out of Complaint Case No. -756 Year- 2010 District- SITAMARHI ================================================= Sanjay Kumar, S/O Shri Ram Lakhan Sah, Resident Of VillageKanhauli, Police Station- Kanhauli, District- Sitamarhi .... .... Petitioner/s

Versus

1. The State Of Bihar

2. Vinod Mishra, S/O Late Mahanth Raghunath Das, Resident Of Janki Asthan, Sitamarhi, Police Station- Sitamarhi, District- Sitamarhi .... .... Opposite Party/s ================================================= Appearance :

For the Petitioner/s : Mr. Ajay Kumar, Adv. For the State : Mr. C. Sen Pd., A.P.P. ================================================= CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 05-05-2015 Heard learned counsel for the Petitioner and the State. The Petitioner seeks quashing of the order of cognizance dated 4.11.2011 passed by the Judicial Magistrate, 1st Class, Sitamarhi in Complaint Case No. 756 of 2010 on the ground that the Provisions of Section 142 of Negotiable Instrument Act has not been complied with before taking cognizance.

In view of such, the application is allowed and the entire Proceeding including the order dated 4.11.2011 passed by the Judicial Magistrate, 1st Class, Sitamarhi, in connection with Complaint Case No. 756 of 2010 is hereby set aside.

However, this order shall not deter the Complainant from filing a fresh Complaint in accordance with law. (Anjana Prakash, J) S.Ali/- U T