Vikram Kumar Khandelwal @ Vikram Kumar @ Kr. Vikram Kr. v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29998 of 2014 Arising Out of PS.Case No. -30 Year- 2007 Thana -BHAGALPUR COMPLAINT CASE DistrictBHAGALPUR =========================================================== Vikram Kumar Khandelwal @ Vikram Kumar @ Kr. Vikram Kr. aged about 35 years S/o Late Nand Lal Sah Resident of Naya Tola Bhikhampur, P.S. Ishachak, District- Bhagalpur.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. Ajeet Kumar Sah S/o Gopal Lal Sah Resident of Bhikhampur, S.S. Sahay Road, P.S.- Ishachak, District- Bhagalpur.

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

For the Petitioner/s : Mr. Rajendra Kishore Prasad Mr. Ratan Kumar Sinha Mr. P.C. Chaudhary For the Opposite Party/s : Mr. Gulnar Begum (APP) =========================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL JUDGMENT Date: 07-07-2017 1.

Heard both sides.

2.

This is an application under Section 482 of the Cr.P.C. wherein the petitioner has prayed for quashing the order dated 18.02.2008 passed by Sri D.K. Jaiswal, Judicial Magistrate, 1st Class, Bhagalpur in Complaint Case no. 30 of 2007. The Magistrate finding prima facie case for the offence under Section 138 of the N.I. Act, ordered for issuance of summons.

3.

The allegation against the petitioner is that the he took a loan of Rs. 72,565 from the O.P. no. 2 (complainant). On demand, the petitioner gave him a cheque bearing no. 939673 dated 06.06.2006

Patna High Court Cr.Misc. No.29998 of 2014 dt.07-07-2017 2/2 towards full satisfaction of the loan amount. The complainant presented the said cheque in Bank which was dishonored on account of insufficient amount in the account of the petitioner. The complainant after serving of notice on 14.12.2006 filed this complaint case.

4.

The contention of the petitioner is that after giving cheque to the complainant, this petitioner gave him the entire amount in cash on the undertaking of the complainant that he would return the cheque. The complainant on S.A. and his witnesses at the time of inquiry have supported the allegation and the learned Magistrate finding prima facie case for the offence under Section 138 of N.I. Act, has rightly ordered for issuance of summons against the petitioner. 5.

In view of the above facts and circumstances, I do not find any illegality in the orders taking cognizance in question. Accordingly, the Cr. Misc. application is dismissed.

(Sanjay Kumar, J) rohit/- AFR/NAFR NAFR CAV DATE N.A.

Uploading Date 10.07.2017 Transmission Date 10.07.2017