Patna High CourtCR. MISC./18556/2015allowed

Manish Kumar v. State Of Bihar And ANR

2018-07-11The Chief Justice2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18556 of 2015 Arising Out of PS. Case No.-1715 Year-2010 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== Manish Kumar son of Raj Nath Prasad Residetn of Mohalla - Mauje Raxaul ,Ward No. 08/35, Police Station- Raxaul , District- East Champaran. ... ... Petitioner/s

Versus

1. The State of Bihar

2. Prakash Ranjan @ Prakash Kumar @ Prakash Prasad son of Rajendra Prasad R/o Mohalla- Lohapatti, Police Station- Raxaul, District- East Champaran. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Singh, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Pandey (App) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL JUDGMENT Date : 11-07-2018 Seeking quashing of the cognizance order dated 31.8.2010 passed by the Judicial Magistrate, 1st Class, Patna in Complaint Case No.1715 (C) of 2010 for offence under Section 406 of I.P.C., this application has been filed under Section 482 of Cr.P.C.

It is the case of the prosecution, namely the complainant, that he is a businessman and the applicant took a sum of Rs.1,50,000/- in the garb of marriage of his daughter. The same was returned back by way of a Cheque on 18.2.2010 amounting to Rs.1,20,000/- and the same was returned back due to insufficient fund in the account and thereafter the amount has not been paid.

Patna High Court Cr.Misc. No.18556 of 2015 dt.11-07-2018 2/2 On a bare reading of the complaint and the statement of the complainant available on record clearly shows that the matter pertains to grant of loan for marriage of the applicant's daughter and not returning the same and as such the dispute in question is a civil dispute with regard to a loan and no ingredients for the offence under Section 406 of I.P.C. is made out. Accordingly, the order of cognizance dated 31.8.2010 passed by the Judicial Magistrate, 1st Class, Patna in Complaint Case No.1715 (C) of 2010 for offence under Section 406 of I.P.C is quashed.

(Rajendra Menon, CJ) K.C.Jha/- AFR/NAFR NAFR CAV DATE N/A Uploading Date 17-07-2018 Transmission Date 17-07-2018