Rita Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78174 of 2019 Arising Out of PS. Case No.-10 Year-2019 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== RITA KUMARI, aged about 51 years, Female, Wife of Manoj Kumar Madhukar, Resident of 247, Shiv-neer Sadan, Kaliket Nagar, Bailey Road, P.S.- Rupaspur, District- Patna ... Petitioner

Versus

1.

THE STATE OF BIHAR 2.

Rakesh Kumar, aged about 52 years, Male, Son of Late Shyam Nandan Singh, Resident of Gandhi School Campus, P.S.- Khagaul, District- Patna ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Radha Mohan Singh, Adv.

For the Opposite Party :

Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL JUDGMENT Date : 08-01-2020 Heard the learned counsel for the petitioner.

2. The petitioner has approached this Court in extraordinary jurisdiction, under Section 482 of the Criminal Procedure Code to quash the summoning order, dated 31.07.2019, passed in Complaint Case No. 10(C) of 2019, whereby and whereunder the concerned Judicial Magistrate, 1st Class, Danapur, Patna, summoned the accused petitioner under Section 204 of the Criminal Procedure Code, on perusal of the material available in course of enquiry in the complaint petition finding prima facie case under Section 138 of the Negotiable Instrument Act.

Patna High Court CR. MISC. No.78174 of 2019 dt.08-01-2020 2/2

3. On going through the impugned order, I find no illegality amounting to abuse of the process of the Court for interference in inherent jurisdiction.

4. Accordingly, this application is dismissed. (Rajendra Kumar Mishra, J) Shamshad/- AFR/NAFR NAFR CAV DATE NA Uploading Date 09.01.2020 Transmission Date 09.01.2020