Akhilesh Kumar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78994 of 2023 Arising Out of PS. Case No.-191 Year-2022 Thana- SARAN COMPLAINT CASE DistrictSaran ====================================================== AKHILESH KUMAR PRASAD S/O LATE KRISHNA PRASAD RESIDENT OF JHAUWAN, PS. AWATAR NAGAR, DIST. SARAN. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

ABHISHEK KUMAR S/O SRI KRISHNA SHARMA RESIDENT OF HEM NAGAR,PS. CHAPRA MUFFASIL, DIST. SARAN,MOBILE NO. 9931274107, BIHAR-841302.

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

For the Petitioner/s :

Mr.Mrityunjay Kumar Tiwary For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 30-09-2024 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

2. The present application has been filed for quashing of the order dated 28.07.2023, passed by the court of Sessions Judge, Saran at Chapra, in Criminal Revision No. 25 of 2003, whereby he has confirmed the cognizance order; alongwith the order by dated 20.04.2022, passed by the court of Judicial Magistrate, First Class-07, Saran at Chapra, whereby and whereunder the cognizance has been taken against the petitioner under section-138 of the Negotiable Instrument Act, 1881, in connection with Complaint Case no. 191 of 2022.

3. The petitioner wants his defence to be examined by this Court at the stage of cognizance. He submits that there is no

Patna High Court CR. MISC. No.78994 of 2023(2) dt.30-09-2024 2/2 due of the opposite party No. 2 who has filed the present case for cheque bouncing.

4. This defence of the petitioner cannot be considered by this Court, it can only be considered by the trial Court.

5. In these circumstances, this Court will not interfere in this application. It is accordingly dismissed. (Sandeep Kumar, J) Saif/- U T