Sanjeev Kumar Singh v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41348 of 2015 Arising Out of PS. Case No.-1654 Year-2011 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== Sanjeev Kumar Singh Son of Late Saryug Prasad Siingh, Resident of VillageBujurgdwar, P.S. Khanpur, District- Samastipur. ... ... Petitioner/s

Versus

1.

State Of Bihar 2.

Pankaj Kumar, Son of Late Yogendra Prasad, Resident of Village- Mirzapur Vandwar, P.S. Nagar, Dist. Begusarai.

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

For the Petitioner/s :

Mr.Surendra Kishore Thakur, Adv.

For the Opposite Party/s :

Mr.Subhash Chandra Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 27-02-2023 Heard the parties.

This is an application for quashing of the order dated 9.11.2012 passed by Judicial Magistrate-1st Class, Begusarai in Complaint Case No. 1654(C)/2011 whereby and where under the learned court below has taken cognizance against the petitioner for the offences under sections 420, 467, 468 of the Indian Penal Code and 138 of the N.I. Act.

As per the prosecution story, the Opposite Party No. 2 had a shop and the 'Mukhiya' of Khanpur South Panchayat wanted 21 solar street lights to be made available in his Panchayat and as such, the same at the rate of Rs. 44,500/- were provided. The accused and the Panchayat Sachiv provided

Patna High Court CR. MISC. No.41348 of 2015(3) dt.27-02-2023 2/2 cheques of Rs. 9,34,500/- which was deposited in the Central Bank, Begusarai and after depositing the said cheques, the Bank reported him that all the cheques are forged. Accordingly, the present complaint.

From the perusal of the complaint, it is clear that the learned Judicial Magistrate, 1st Class, Begusarai was fully justified in passing the order dated 9.1.2012 taking cognizance in the matter as on the basis of forged cheques, street lights worth Rs. 9,34,500/- were taken.

Learned counsel for the petitioner seeks liberty to raise all the points before the Trial Court at an appropriate stage. The petition stands disposed of with the aforesaid liberty.

(Rajiv Roy, J) Ajay Singh/- U T