Smt. Rekha Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34067 of 2023 Arising Out of PS. Case No.-29362 Year-2014 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== 1.

SMT. REKHA SINHA Wife of Sri Chandra Kishore Prasad Resident of Mohalla - Bajrangpur, Sahid Bhagat Singh Path, P.S.- Alamganj, District - Patna 2.

Chandra Kishore Prasad Son of Kameshwar Prasad Resident of Mohalla - Bajrangpur, Sahid Bhagat Singh Path, P.S.- Alamganj, District - Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Anand Kumar Singh Son of Umesh Chandra Singh R/o Swablambi Residence, Block - A, Flat No.- 450A, Bandar Bigaha, P.O.- Bahadurpur Housing Colony, P.S.- Agamkuan, District - Patna. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vinod Pandey For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 19-05-2023 Heard the parties.

This application has been filed for quashing the order dated 24.06.2015 passed in Complaint Case No. 29362(c)/2014 by which the learned Court below has taken cognizance under Section 406, 420 of IPC along with Section 138 of the N.I. Act. Learned counsel for the petitioner wants this case to be decided on dispute questions of fact at the stage of cognizance.

Learned counsel for the opposite party has vehemently opposed the prayer for quashing of the application.

Patna High Court CR. MISC. No.34067 of 2023(2) dt.19-05-2023 2/2 This court cannot enter into the disputed questions of fact and hold a mini trial at this stage.

In view of the above, this application is dismissed. However, dismissal of this case will not come in the way of settlement of dispute between the parties.

The trial court is directed to proceed further in the case as cheques of huge amount have bounced.

(Sandeep Kumar, J) Shishir/- U T