Patna High Court
Jainal @ Jainal AbedinversusState Of Bihar and Anr
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The High Court dismissed the petition for quashing, holding that there was no sufficient ground to set aside the cognizance order.
Summary
The petitioner, Anand Kumar Goyal, borrowed Rs. 7 lakh from the complainant and issued ten cheques of Rs. 49,000 each and one cheque of Rs. 2 lakh to repay the loan. All the cheques bounced due to insufficient funds, leading to a criminal complaint (Case No. 357C of 2016) before the Judicial Magistrate, 1st Class, Danapur. The petitioner filed a petition under Section 482 CrPC seeking to quash the cognizance order dated 29‑11‑2016. The Patna High Court examined the petition and found no merit to set aside the magistrate’s order. Consequently, the court dismissed the quashing application, vacated the interim order dated 10‑12‑2019, and directed the lower court to complete the trial within six months and report back.
Issues considered
- Whether the High Court can quash the cognizance order passed by the Judicial Magistrate under Section 482 of the CrPC.
- Whether the petitioner has demonstrated sufficient grounds to merit interference with the lower court’s proceedings.
Subjects
- loan
- cheque bounce
- criminal complaint
- quashing of order
- cognizance
- Section 482 CrPC
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.149 of 2019
Arising Out of PS. Case No.-357 Year-2016 Thana- PATNA COMPLAINT CASE District-
Patna
======================================================
Anand Kumar Goyal @ Jaduger Gogiya Sarkar son of Rana Samsher Jang
Bahadur Resident of Village - Golapar Bichla Gali Post office Digha. P.S.
Danapur Distt. Patna
... ... Petitioner/s
Versus
State Of Bihar and Anr
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bindeshwar Prasad Singh
For the Opposite Party/s : Mr.Dr. Ajeet Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 20-01-2026 Heard the parties including the learned counsel for
the opposite party no. 02.
2. This application has been filed on behalf of the
petitioner for quashing the order dated 29.11.2016 passed by the
learned Judicial Magistrate, 1st Class, Danapur in Complaint
Case No. 357C of 2016.
3. As per the complaint, the petitioner has taken a loan
of Rs. 7 lakhs from the complainant and for returning the same,
the petitioner has given 10 cheques of Rs. 49000/- and one
cheque of Rs. 2,00,000/- to the complainant but when the
complainant deposited the same in his bank account, the
cheques could not be encashed due to insufficiency of funds.
Patna High Court CR. MISC. No.149 of 2019(5) dt.20-01-2026
2/2
4. Upon perusal of the quashing petition and the
materials available on record, the petitioner is unable to make
out a case for quashing of the cognizance order.
5. In view of the above, this application is dismissed
and the interim order dated 10.12.2019 is hereby vacated.
6. The concerned Court below is directed to proceed
in the matter and conclude the trial at the earliest preferably
within six months from today and file a compliance report in
this Court.
7. Let a copy of this order be communicated to the
Principal District and Sessions Judge, Patna through FAX for its
compliance.
(Sandeep Kumar, J)
Vikas/-
U
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