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Patna High Court

Krishna Kumar ThakurversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

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

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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