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Patna High Court

Bijay Singh @ Bijay Kumar SinghversusState Of Bihar and Anr

Decided
Disposal
DISMISSED

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


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