Sri Rajesh Kumar Singh @ Rajesh Singh And ANR v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3910 of 2018 Arising Out of PS. Case No.-857 Year-2017 Thana- BEGUSARAI COMPLAINT CASE District- Begusarai ====================================================== 1.

Sri Rajesh Kumar Singh @ Rajesh Singh S/o Late Rang Bahadur Singh, Managing Director, Legend Associates Engineering and Consultancy Services Pvt. Ltd.

2.

Smt. Gunjan Singh, Wife of Sri Rajesh Kumar Singh, Director, Legend Associates Engineering and Consultancy Services Pvt. Ltd. Both are resident of B- 28, Chhatrasal Nagar, Phase- 1, P.S.- Piplani, B.H.E.L., Bhopal, Madhya Pradesh.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Sri Jaijeet Ahluwalia @ Jaijeet Singh Ahluwalia, aged about 45 years, Son of Late B.S. Ahluwalia, Proprietor of First Capital Finance, Resident of Dil Mohan Kaur Bagh, Ulao, P.S.- Mufassil Singhaul O.P. District- Begusarai Bihar.

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

For the Petitioner/s :

Mr. Jai Kishore Sharma, Advocate For the State :

Mr. Rabindra Kumar, A.P.P.

For the O.P. No. 2 :

Mr. Brisketu Sharan Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-09-2023

1. Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel for the opposite party no. 2.

2. Learned counsel for the petitioners, after some arguments, seeks permission to withdraw this application with liberty to raise all issues at the time of framing of charge. It is further submitted that from bare perusal of the allegation as alleged in the complaint petition, it would manifest that the allegations are general and omnibus in nature which arise from

Patna High Court CR. MISC. No.3910 of 2018(3) dt.27-09-2023 2/2 an agreement in which an arbitration clause is also provided but the opposite party no. 2 instead of resorting to the arbitration proceeding chose to institute a criminal case to coerce the petitioners into submission so that he parts with the money when the cheques which are being alleged to have been presented for encashment bounced were given by way of security provided in terms of the agreement.

3. Permission is accorded.

4. Accordingly, this application is dismissed as withdrawn.

(Satyavrat Verma, J) Kundan/- U T