Patna High Court
Rajendra ChaudharyversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The application under Section 482 Cr.P.C. is disposed of as the proceedings have become infructuous.
Summary
The petitioner, Rajendra Chaudhary, filed a criminal miscellaneous application under Section 482 of the Criminal Procedure Code seeking to quash an order dated 29 June 2015 passed by the Judicial Magistrate, 1st Class, Purnea, which had taken cognizance of an offence under Section 138 of the Negotiable Instruments Act. The petitioner argued that the proceedings had become infructuous and therefore should be dismissed. The State of Bihar, represented by the Additional Public Prosecutor, raised no objection to the petitioner's request. The Hon'ble Justice Sunil Dutta Mishra considered the submissions of both parties. Finding that the case was indeed infructuous, the Court disposed of the application. Consequently, the order of the Judicial Magistrate was not quashed but the application to quash it was dismissed as unnecessary.
Issues considered
- Whether the criminal proceedings under Section 138 of the Negotiable Instruments Act have become infructuous warranting dismissal under Section 482 of the Cr.P.C.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Negotiable Instruments Act — s. 138
Subjects
- Section 138 NI Act
- Section 482 CrPC
- infructuous proceedings
- quash order
- High Court
- criminal miscellaneous application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42413 of 2016
Arising Out of PS. Case No.-1504 Year-2015 Thana- PURNIA COMPLAINT CASE District-
Purnia
======================================================
Rajendra Chaudhary Son of Hariday Choudhary, Resident of village -
Sitanabad, P.S. Simri Bakhtiyarpur, District – Saharsa.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Saroj Kumar Son of Ramchandra Pathak resident of Naya Tola, Line Bazar,
P.S. K. Hat, District – Purnea.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Indu Shekhar Dwivedi, Advocate.
For the Opposite Party/s : Mr. APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 05-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The present Cr. Misc. Application has been filed
under Section 482 of Cr.P.C. for quashing the order dated
29.06.2015 passed by learned Judicial Magistrate, 1st Class,
Purnea in connection with Complaint Case No.1504 of 2015 by
which cognizance under Section 138 of the N.I. Act has been
taken against the petitioner.
3. Learned counsel for the petitioner submits that this
case may be disposed of as it has become infructuous.
4. Learned A.P.P. for the State has no objection to this
prayer of the petitioner.
Patna High Court CR. MISC. No.42413 of 2016(3) dt.05-05-2026
2/2
5. Considering the submissions of learned counsels
for the parties, the present Cr. Misc. Application stands disposed
of as it has become infructuous.
(Sunil Dutta Mishra, J)
Ritik/-
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