← Library
Patna High CourtCR. MISC./20953/2018disposed

Bablu Sah v. State Of Bihar And ANR

2018-06-29Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20953 of 2018 Arising Out of PS.Case No. -191 Year- 2017 Thana -SAHARSA COMPLAINT CASE DistrictSAHARSA ======================================================

1. Bablu Sah S/o Sachchidanand Sah, R/o Village- Salkhua Bazar, P.S.- Salkhua, District- Saharsa.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Rajeev Ranjan @ Paappu Kumar S/o Prabhash Jaiswal, R/o VillageSalkhua Bazar, P.S.- Salkhua, District- Saharsa. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Madhav Jha For the Opposite Party/s : Mr. Smt. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-08-2018 This case has been listed today under the heading "to be mentioned" at the instance of the learned counsel for the petitioner and from perusal of the order dated 29.6.2018 passed in Cr. Misc. No.20953 of 2018, it appears that there are some typographical mistakes in order dated 29.6.2018 : In the third paragraph of the order, there is mistake of the fact and it should be read as "the complainant is the owner of M/S Laxmi Traders and Mahalaxmi Rice Mill and he has taken maize of Rs.1,20,146/- and gave two cheques in favour of the petitioner and thereafter the payment was made in cash but those cheques were not given by the petitioner." In such view of the matter, Para 3 of order dated 29.6.2018

Patna High Court Cr.Misc. No.20953 of 2018 (5) dt.01-08-2018 2/2 be read as stated above.

And the fourth paragraph of order dated 29.6.2018 be read as - "Submission of the learned counsel for the petitioner is that the petitioner and the complainant had business transaction and the petitioner had given paddy of Rs.2,29,677/- and one cheque of Rs.1 lac has also been given by the petitioner, which has been encashed by the complainant and the complainant has also given two cheques but that were not encashed as there was insufficient amount in the account of the complainant". As such para 3 and 4 of order dated 29.6.2018 is modified to the above extent and remaining parts of the order shall remain intact. It is further made clear that the petitioner will hand over the cheques to the complainant within a period of four weeks from the date of receipt of the order.

Let the aforesaid order be communicated to the court below concerned.

(Vinod Kumar Sinha, J) chn/- U T