Patna High Court
Bijay Singh @ Bijay Kumar SinghversusState Of Bihar and Anr
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The application for quashing the CJM's order was dismissed, and the trial was ordered to proceed.
Summary
Petitioner Bijay Singh was alleged by a practising civil‑court advocate to have cheated him of Rs.40,000 and to have issued a cheque that subsequently bounced. The complainant filed a criminal complaint (Case No. 3392 of 2013) and the Chief Judicial Magistrate (CJM) passed an order on 4‑2‑2014/5‑2‑2014. The petitioner filed an application seeking to quash that order. The Patna High Court examined the application, noted that the cheque had indeed bounced and that prima facie offences were made out against the petitioner, and therefore dismissed the petition for quashing. The Court directed the lower court to continue the trial and to dispose of the matter within two months, with a compliance report to be filed thereafter.
Issues considered
- Whether the order passed by the Chief Judicial Magistrate in the complaint case can be quashed on the ground of lack of merit.
- Whether the facts alleged (cheating and cheque bounce) constitute a prima facie case warranting continuation of criminal proceedings.
Subjects
- cheating
- cheque bounce
- criminal complaint
- quash petition
- trial continuation
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55072 of 2016
Arising Out of PS. Case No.-3392 Year-2013 Thana- GOPALGANJ COMPLAINT CASE
District- Gopalganj
======================================================
Bijay Singh @ Bijay Kumar Singh son of Daroga Singh, Resident of Village-
Haraipur, P.S.- Basantpur, District- Siwan.
... ... Petitioner/s
Versus
1. State Of Bihar
2. Bashishtha Narain Yadav, son of Late Chandradeo Yadav, Resident of
Village- Badheya Toli Barauli, P.S.- Mirganj District- Gopalganj.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ramchandra Sahni
For the Opposite Party/s : Mr.Sri Bal Mukund Prasad Sinha
For the Informant : Mr. Deepankar Raj.
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 06-01-2026 Heard the parties.
2. This application has been filed on behalf of the
petitioner for quashing the order dated 4.2.2014 / 5.2.2014
passed in connection with Complaint Case No. 3392 of 2013/
Tr. No. 529 of 2016 passed by the learned CJM, Gopalganj.
3. As per the complainant, who is a practicing
advocate in Civil Court, Gopalganj has alleged that the
petitioner has cheated him with an amount of Rs. 40,000/- as the
same was taken by the petitioner and when the petitioner
returned the same by way of cheque, the cheque was
dishonoured.
4. From the records of the case, it appears that the
Patna High Court CR. MISC. No.55072 of 2016(5) dt.06-01-2026
2/2
cheque issued by the petitioner has bounced and prima facie
offences are made out against the petitioner.
5. In view of the above, this application is dismissed.
6. The Court below is directed to proceed with the
trial of Gopalganj Complaint Case No. 3392 of 2013 and
dispose of the same within two months from today if it has not
been disposed of yet.
7. The concerned Magistrate/concerned Court below
is directed to file compliance report in this Court after two
months.
8. List this case after two months under the heading
“For Orders.”
(Sandeep Kumar, J)
Vikas/-
U
Checking your session…