Jitendra Pathak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39532 of 2013 Arising Out of PS.Case No. -43 Year- 2012 Thana -PATNA COMPLAINT CASE District- PATNA =========================================================== Jitendra Pathak, son of Shaligram Pathak, resident of village Punesara, P.S. Jairampur, District Sheikhpura.

.... .... Petitioner.

Versus

1. The State of Bihar.

2. Dharmendra Jha, son of Ramnandan Jha, resident of village-Misi, P.S. Bakhtiyarpur, District-Patna.

.... .... Opposite Parties.

=========================================================== Appearance :

For the Petitioner : Mr.

For the State : Mr.

For the O.P. No.2 : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL JUDGMENT Date: 06-04-2017 ------------- Heard.

2. This application, under Section 482 of the Code of Criminal Procedure, is directed against the order dated 24.03.2012 passed in Complaint Case No.43(C) of 2012, whereunder the court of the Judicial Magistrate, First Class, Barh, Patna, summoned the accused-petitioner, under Section 204 of the Code of Criminal Procedure, on inquiry, finding prima facie case under Section 138 of the N.I. Act.

3. On going through the impugned order, I find no illegality therein amounting to an abuse of the process of the court for

Patna High Court Cr.Misc. No.39532 of 2013 dt.06-04-2017 2/2 interference with the same in an extraordinary jurisdiction of this Court under Section 482 of the Code of Criminal Procedure.

4. Accordingly, this application stands dismissed. However, the petitioner would be at liberty to raise his points, as raised herein, at the appropriate stage in the trial court. (Rajendra Kumar Mishra, J) P.S./- AFR/NAFR NAFR CAV DATE NA Uploading Date 07.04.2017.

Transmission Date 07.04.2017.