Sumit Gupta @ Sumit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27312 of 2023 Arising Out of PS. Case No.-3386 Year-2021 Thana- SARAN COMPLAINT CASE DistrictSaran ====================================================== 1.

SUMIT GUPTA @ SUMIT KUMAR S/o- VIJAY PRASAD MohallaMauna Neem Mohan Nagar Ps- Chapra Town, Dist- Saran 2.

Niraj Gupta @ Niraj Kumar son of Vijay Prasad Mohalla- Mauna Neem Mohan Nagar Ps- Chapra Town, Dist- Saran 3.

Vijay Prasad son of Late Sitaram Prasad Mohalla- Mauna Neem Mohan Nagar Ps- Chapra Town, Dist- Saran ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

THE STATE OF BIHAR MOHALLA MAUNA NEEM MOHAN NAGAR 3.

SHUBHAM RAJ MANNU JI MOHALLA MAUNA CHOCK 4.

Shubham Raj son of Mannu Ji Mohalla- Mauna Ps- Chapra Town, DistSaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jitendra Kumar For the Opposite Party/s :

Mr. Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 15-05-2023 Heard the parties.

This application has been filed on behalf of the petitioners for quashing the order dated 04.07.2022 passed by learned Judicial Magistrate, 1st Class, Saran at Chhapra in connection with Complaint Case No. 3386 of 2021. Learned counsel for the petitioners submits that the order taking cognizance is bad in law as no statutory notice has been issued against the drawer of the cheque but he admits that the notice has been issued against the sons of the drawer of the

Patna High Court CR. MISC. No.27312 of 2023(2) dt.15-05-2023 2/2 cheque i.e. petitioner No. 01 and 02.

Cognizance has been taken of the offence and if the petitioners wants to raise some grounds then they have liberty to raise all the grounds during trial.

Accordingly, this application is dismissed.

(Sandeep Kumar, J) Vikas/- U