Patna High Court
RAM CHANDRA KHAIRWARversusThe State of Bihar
- Decided
- Disposal
- WITHDRAWN
- Bench
- SANDEEP KUMAR
Holding
The court vacated the interim protection, allowed the petitioner to withdraw the application, and permitted him to raise all grounds at the charge‑framing stage.
Summary
Ram Chandra Khairwar filed an application seeking interim protection and to raise objections to the maintainability of his prosecution under Section 138 of the Negotiable Instruments Act. The petitioner later requested to withdraw the application and to raise all grounds at the stage of framing of charge, including the Section 138 objection. The court allowed the withdrawal, vacated any interim protection previously granted, and directed that the matter be communicated to the Principal District Judge, Darbhanga for further proceedings. The court noted that any future application on the maintainability issue would be decided in line with the Supreme Court’s decision in Kanchan Kumar v. State of Bihar (2022). Consequently, the case will proceed without the interim relief previously in place.
Issues considered
- Whether the prosecution of the petitioner under Section 138 of the Negotiable Instruments Act is maintainable.
- Whether interim protection granted to the petitioner should continue pending framing of charge.
- Whether the petitioner may raise all grounds of defence at the stage of framing of charge.
Legislation cited
- Negotiable Instruments Act — s. 138
Subjects
- Section 138 NI Act
- interim protection
- charge framing
- maintainability of prosecution
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43866 of 2019
Arising Out of PS. Case No.-10 Year-2017 Thana- DARBHANGA SADAR District-
Darbhanga
======================================================
RAM CHANDRA KHAIRWAR Son of Late Narsingh Khairwar Resident of
Village- Chhapkhi Parri, P.S.- Sadar, District- Darbhanga.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Rajan Singh Son of Late Surendra Prasad Singh Resident of Mohalla- Laxmi
Sagar, Road No. 2, P.S.- Sadar, District- Darbhanga.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pankaj Kumar Jha, Advocate
For the Opposite Party/s : Mr.Anand Mohan Prasad Mehta, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 20-01-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. After some arguments, learned counsel for the
petitioner prays for and is permitted to withdraw this application
with liberty to the petitioner to raise all the grounds at the stage of
framing of charge. The objection with regard to maintainability of
prosecution of the petitioner under Section 138 N.I. Act shall also
be raised by the petitioner at the stage of framing of charge.
3. If such an application is filed, the same shall be
heard and considered by the learned court below in view of the
law laid down by the Hon’ble Supreme Court in the case of
Kanchan Kumar vs. State of Bihar reported in (2022) 9 SCC 577
and accordingly a reasoned order shall be passed.
Patna High Court CR. MISC. No.43866 of 2019(4) dt.20-01-2026
2/2
4. The interim protection, if any, granted to the
petitioner, is hereby vacated.
5. Let a copy of this order be communicated to Principal
District Judge, Darbhanga through FAX so that the case will
proceed further.
(Sandeep Kumar, J)
tusharika/-
U T
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