Patna High Court

KRISHNA DEO KUMAR SINGHversusThe State of Bihar

Decided: 29 January 2026
Disposal: PARTLY ALLOWED (DISPOSAL)
Bench: SANDEEP KUMAR

Holding

An FIR cannot be maintained for an offence under Section 138 of the Negotiable Instruments Act; such offences must be pursued by a complaint.

Summary

Petitioner Krishna Deo Kumar Singh sought quashing of FIR No. 25 of 2020 registered at Taraiya Police Station, which alleged offences under IPC sections 420, 406, 506 and Section 138 of the Negotiable Instruments Act. The petitioner contended that an offence under Section 138 can only be pursued by a complaint and not by an FIR, while the IPC offences could be pursued through an FIR. The Patna High Court agreed that the FIR is impermissible for the Section 138 offence and must be initiated as a complaint, but held that the FIR is valid for the IPC offences. Consequently, the court quashed the FIR only to the extent of the Section 138 charge and allowed the rest to continue. The court also granted liberty to the second opposite party to file a complaint under Section 138 with condonation of delay, vacated the interim protection previously granted to the petitioner, and partly allowed the application.

Issues considered

Whether an FIR can be registered for an offence punishable under Section 138 of the Negotiable Instruments Act.
Whether the FIR is maintainable for offences under IPC sections 420, 406 and 506.
Whether the FIR should be quashed in whole or in part.

Legislation cited

Indian Penal Code — s. 406, 420, 506
Negotiable Instruments Act — s. 138

Subjects

FIR quash
Section 138 NI Act
complaint vs FIR
IPC offences
criminal procedure
partial relief

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18588 of 2020
                         Arising Out of PS. Case No.-25 Year-2020 Thana- TARAIYA District- Saran
                 ======================================================
                 Krishna Deo Kumar Singh Son Of Nagendra Singh Resident Of Village -
                 Baraka Beneya, P.S.- Dariyapur, District- Saran

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Manoj Kumar Singh S/O Late Shivpujan Singh R/O Village and Post-
                 Anaith, P.S.- Nawada, District- Bhojpur.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Vivekanand, Advocate
                                                   Mr. Pranav Kumar, Advocate
                 For the Opposite Party/s :        Mr. Jai Narain Thakur
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

3   29-01-2026                   Heard the learned counsel for the petitioner, learned

                   APP for the State and the learned counsel for the O.P. No. 2.

                                 2. This application has been filed for quashing of the

                   FIR of Taraiya P.S. Case No. 25 of 2020 which was registered

                   for the offences under Sections 420, 406, 506 of the Indian

                   Penal Code and Section 138 of the NI Act.

                                 3. The sole contention of the petitioner is that for an

                   offence under Section 138 of the NI Act, a complaint case alone

                   is maintainable and registration of an FIR is not permissible. So

                   far as the offences under the Indian Penal Code are concerned, it

                   is submitted that the FIR is maintainable.

                                 4. Having considered the submission made herein
            Patna High Court CR. MISC. No.18588 of 2020(3) dt.29-01-2026
                                                        2/2




                      above, this Court finds substance in the submission of the

                      learned counsel for the petitioner insofar as Section 138 of the

                      NI Act is concerned. The offence under Section 138 of the NI

                      Act can be initiated only by way of a complaint and

                      continuation of prosecution under the said provision through an

                      FIR is not sustainable in law. However, the FIR is maintainable

                      with respect to the offences alleged under the Indian Penal

                      Code.

                                   5. In view of the aforesaid discussions, the FIR of

                      Taraiya P.S. Case No. 25 of 2020 is quashed only to the extent

                      of the offence under Section 138 of the NI Act. The FIR shall

                      continue with respect to the offences under Sections 420, 406

                      and 506 of the Indian Penal Code in accordance with law.

                                   6. The O.P. No. 2 is granted liberty to file a complaint

                      case under Section 138 of the NI Act, along with an application

                      for condonation of delay, if so advised.

                                   7. The interim protection granted to the petitioner by

                      order dated 27.04.2022 is hereby vacated.

                                   8. The application is partly allowed.



                                                                 (Sandeep Kumar, J)
Shishir/-

U       T

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