Patna High Court
Krishna Kumar ThakurversusState Of Bihar and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court disposed of the petition under Section 482 CrPC as there was no objection from the State.
Summary
The petitioner, Krishna Kumar Thakur, filed a petition under Section 482 of the Criminal Procedure Code seeking to quash the order dated 16 May 2018 of the Judicial Magistrate, Sitamarhi, which had taken cognizance of an offence under Section 138 of the Negotiable Instruments Act. Both parties appeared before the Patna High Court, with the petitioner represented by Mr. Praveen Kumar and the State represented by an Assistant Public Prosecutor and counsel Mr. Sri Parmeshwar Mehta. The State raised no objection to the petition. Considering the submissions and the lack of opposition, the Court disposed of the petition. The order effectively terminated the proceedings without further hearing. The decision reflects the Court’s discretion under Section 482 CrPC to intervene when there is no contestation.
Issues considered
- Whether the order of the Judicial Magistrate taking cognizance under Section 138 of the Negotiable Instruments Act can be quashed under Section 482 of the Criminal Procedure Code
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Negotiable Instruments Act — s. 138
Subjects
- Section 482 CrPC
- Section 138 NI Act
- quash order
- cognizance
- petition
- magistrate
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49253 of 2018
Arising Out of PS. Case No.-246 Year-2018 Thana- SITAMARHI COMPLAINT CASE
District- Sitamarhi
======================================================
Krishna Kumar Thakur S/o Late Bindeshwari Prasad Thakur, R/o Holding
No. 106/518, Khabra Road, Pandey Sadan, P.S.- Kazimohamadpur, District-
Muzaffarpur.
... ... Petitioner/s
Versus
1. State Of Bihar
2. Shivesh Kumar S/o Shri Jaykaran Singh, R/o Vill.- Manchi, P.S.- Belsand,
District- Sitamarhi.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Praveen Kumar, Advocate
For the Opposite Party/s : Mr. Sri Parmeshwar Mehta, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 05-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The present petition has been filed under Section
482 Cr.P.C. for quashing the order 16.05.2018 passed by the
learned Judicial Magistrate 1st Class, Sitamarhi in Complaint
Case No. 246 of 2018 by which cognizance was taken against
the petitioner under Section 138 of the Negotiable Instruments
Act.
3. Learned counsel for the petitioner submits that this
case may be disposed of.
4. Learned A.P.P. for the State has no objection to this
prayer of the petitioner.
Patna High Court CR. MISC. No.49253 of 2018(3) dt.05-02-2026
2/2
5. Considering the submissions of the learned
counsels for the parties, the present case is disposed of.
(Sunil Dutta Mishra, J)
rakhi/-
U T
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