Sanjay Kumar Jhunjhunwala v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43271 of 2019 Arising Out of PS. Case No.-155 Year-2019 Thana- CHHATAUNI District- East Champaran ====================================================== 1.

Sanjay Kumar Jhunjhunwala son of Late Hari Prasad Jhunjhunwala Proprietor Shukla Iron R/o village- Supriya Cinema Road Bettiah, near V. Mart, P.S.- Bettiah Town, District- West Champaran, Permanent resident of village- Lal Bazar Bettiah, P.S.- Bettiah Town, District- West Champaran 2.

Rohan Kumar @ Raushan Kumar Shukla S/o Indu Shukla Resident of Bari, P.S.- Sindhiya, District- Samastipur, at present Munshi, Shukla Iron, resident of village- Supriya Cinema Road Bettiahn near V. Mart, P.S.- Bettiah Town, District- West Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Chanchal Rai S/o Chandrika Rai R/o village- Bairagi Tola, P.S.- Kalyanpur, District- East Champaran, at present resident of Sundar Nagar Rahmaniya near Cold Storage, P.S.- Chhatauni, District- East Champaran, Proprietor, Jai Maa Laxmi Traders, Chhota Bariyarpur, P.S.- Chhatauni, District- East Chamapran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s :

Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 08-08-2019 The petitioners seek quashing of the F.I.R bearing Chhatauni P.S. Case No. 155 of 2019 which has been instituted for the offences under Sections 406, 420, 467, 468, 341, 323, 379, 380, 384, 500, 504 of the Indian Penal Code and Section 138 of the Negotiable Instruments Act, 1881.

It has been submitted on behalf of the

Patna High Court CR. MISC. No.43271 of 2019(2) dt.08-08-2019 2/2 petitioners that instead of preferring a complaint with respect to bouncing of cheque, F.I.R has been lodged. There is a business relationship between the parties and instead of settling the dispute, the F.I.R has been instituted.

These grounds may be stated before the investigating agency. The facts of the case do not make out any case for quashing of the F.I.R.

However, considering the fact that there is a counter version of the occurrence as well, the investigating agency is directed to conclude the investigation as early as possible preferably within a period of four months of the receipt/communication of such order to the investigating agency.

With the aforesaid observation, the petition stands disposed off.

(Ashutosh Kumar, J) Shageer/- U T