Patna High Court

Dinesh Kumar Sharan @ PappuversusState Of Bihar and Anr

Decided: 8 January 2026
Disposal: DISMISS FOR NON-PROSECUTION
Bench: SANDEEP KUMAR

Holding

The application is dismissed for non-prosecution.

Summary

The petitioner, Dinesh Kumar Sharan, filed an application in a complaint case (No.1028 of 2011) concerning a cheque bounce under the Negotiable Instruments Act. No counsel appeared on behalf of the petitioner, while the State was represented by Mr. Pranav Kumar. The High Court examined the application and found that there was no prosecution proceeding against the accused. Consequently, the Court dismissed the application for non-prosecution. The order directed that the Principal District & Sessions Judge, Patna, be informed to ensure the underlying complaint is disposed of promptly, and a compliance report is to be filed within three months.

Issues considered

What is the appropriate judicial response when an application is filed in a cheque bounce case with no prosecution pending?

Legislation cited

Negotiable Instruments Act — s. 138

Subjects

cheque bounce
Negotiable Instruments Act
non-prosecution
criminal miscellaneous
application dismissal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22112 of 2016
                 Arising Out of PS. Case No.-1028 Year-2011 Thana- PATNA COMPLAINT CASE District-
                                                          Patna
                 ======================================================
                 Dinesh Kumar Sharan @ Pappu son of Late Shyam Kishore Sharan resident
                 of Mohalla- Kumhrar South of Panchsheel School, Police Station- Agamkuan,
                 Dist- Patna.

                                                                               ... ... Petitioner/s
                                                     Versus
           1.    State Of Bihar
           2.    Rameshwar Choudhary son of Late Lakshmi Choudhary, resident of 312 D
                 Swablambi Apartment, Daud Bigha, Kankerbag, Police Station- Kankerbag,
                 dist- Patna.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     None
                 For the Opposite Party/s :     Mr.Pranav Kumar app
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   08-01-2026                  None appears for the petitioner, however, the learned

                   counsel for the State is present.

                                2. In these circumstances, this application is dismissed

                   for non-prosecution.

                                3. Let a copy of this order be communicated to the

                   Principal District & Sessions Judge, Patna through FAX for its

                   compliance forthwith so that the Complaint Case No.1028(C) of

                   2011 which is a case under NI Act for cheque bounce is

                   disposed off at the earliest, if not already disposedoff.

                                4. The Court below will submit a compliance report to
            Patna High Court CR. MISC. No.22112 of 2016(5) dt.08-01-2026
                                                        2/2




                      this Court after three months.



                                                 (Sandeep Kumar, J)
Shishir/-

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Pranav Kumar