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Patna High Court

MANOJ TIWARI @ MANOJ KUMAR TIWARIversusTHE STATE OF BIHAR

Decided
Disposal
ALLOWED
Bench
ANSUL

Holding

The order dated 14‑12‑2020 of the Chief Judicial Magistrate taking cognizance under Section 138 NI Act is quashed.

Summary

The petitioner Manoj Tiwari challenged the order dated 14‑12‑2020 of the Chief Judicial Magistrate, East Champaran, which had taken cognizance of an offence under Section 138 of the Negotiable Instruments Act and issued process against him. The complainant alleged that he had given Rs.1,63,000 to the accused, who later issued a cheque that bounced due to insufficient funds. The court noted that the cheque was dated 28‑06‑2020 but was presented on 06‑02‑2020, indicating a typographical error, and that the complaint was filed on 09‑12‑2020, well after the bounce, making the filing delayed. It was observed that the dates appear to have been deliberately altered to fall within the pandemic‑related exemption period granted by higher courts. Consequently, the High Court held that the lower court had not examined the essential material and that the complaint was not filed with a clean hand. The petition was allowed and the order of the Chief Judicial Magistrate was quashed.

Issues considered

  • Whether the Chief Judicial Magistrate could validly take cognizance of an offence under Section 138 of the Negotiable Instruments Act despite the delayed filing of the complaint.
  • Whether the pandemic‑related condonation of delay is applicable in the present case.

Legislation cited

Subjects

  • Section 138 NI Act
  • cheque bounce
  • quash order
  • delay in filing
  • pandemic exemption
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16980 of 2022
                  Arising Out of PS. Case No.-1566 Year-2020 Thana- EAST CHAMPARAN COMPLAINT
                                                 District- East Champaran
                 ======================================================
                 MANOJ TIWARI @ MANOJ KUMAR TIWARI Son of Madan Tiwari
                 Resident of Siswa, P.O. Sirni Bazar, P.S. - Malahi, District - East Champaran.

                                                                             ... ... Petitioner/s
                                                    Versus
           1.    THE STATE OF BIHAR
           2.    Ashok Kumar Singh Son of Late Ramratan Rai Proprietor, Shrimangal
                 Motors (Mahindra Tractor Agency) Balua Tal, P.S. - Motihari Town, District
                 - East Champaran.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr.Rajesh Ranjan
                 For the Opposite Party/s :    Mr.Choubey Jawahar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

7   16-03-2026                    Heard the parties.

                                2. This application is being filed for quashing of order

                   dated 14.12.2020 passed by learned Chief Judicial Magistrate,

                   East Champaran (Motihari) in Complaint Case No. 1566 (C) of

                   2020 whereby the learned Court below has taken cognizance of

                   offence under Section 138 of the N.I. Act and issued processes

                   against the petitioner.

                                3. The complainant lodged the instant complaint with

                   the allegation that he and the accused were known to each other

                   for the last 4-5 years and they became friends.

                                4. The complainant gave Rs.1,63,000/- to the accused

                   and after some time when the money was demanded the accused
Patna High Court CR. MISC. No.16980 of 2022(7) dt.16-03-2026
                                            2/3




          gave a Cheque No.330080 dated 28.06.2020 drawsn on the

          State Bank of India for the amount of Rs.1,63,000/-.         The

          complaint also states that the bank informed about the

          insufficiency of fund in the bank on 23.09.2020. The complaint

          was filed on 09.12.2020 and straightway cognizance seems to

          have been taken on 14.12.2020. The learned C.J.M. apparently

          did not had time or capacity to look at the Cheque No.330080 or

          the cheque return memo. The cheque was issued on 28.01.2020

          which was presented to the Bank and return memo shows that

          the date is 06.02.2020. This could be construed as some type of

          typographical error but in view of the fact that from the actual

          date the complaint was woefully delayed and from 15.03.2020,

          the order of Hon’ble Supreme Court and Patna High Court was

          there condoning the delay in filing the application due to corona

          pandemic. It is apparent that wrong dates have been given

          deliberately in order to bring the case within the exemption

          allowed by the Hon’ble Supeme Court and Hon’ble High Court

          during the period of Corona. Moreover while the complainant

          states that the accused and complaint were on friendly terms, the

          legal notice which has been brought on record would show that

          the same was for payment of dues amount of purchase of tractor.

          Such a reckless approach in filing the case and such a reckless
            Patna High Court CR. MISC. No.16980 of 2022(7) dt.16-03-2026
                                                        3/3




                      approach in dealing with the case by the learned C.J.M. is

                      deprecated. The complainant had not gone to the Court with

                      clean hand and the Court for reasons best known to it did not

                      have the time or capacity to look into the basic material that

                      should have been looked into.

                                   5. Accordingly, this petition is allowed and the order

                      dated 14.12.2020 passed by learned Chief Judicial Magistrate,

                      East Champaran, Motihari is quashed.



                                                                           (Ansul, J)
sanjeev/-

U       T


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