Patna High Court
MANOJ KUMARversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The application for quashing the order is dismissed as withdrawn.
Summary
Manoj Kumar filed an application seeking to quash the order dated 08‑09‑2014 by the Judicial Magistrate, 1st Class, Katihar, which had taken cognizance of an alleged offence under Section 138 of the Negotiable Instruments Act. The petitioner argued that the order should be set aside. During hearing, the petitioner’s counsel withdrew the application, seeking liberty to raise the grounds at a later stage. The Court, referring to the Supreme Court’s decision in Kanchan Kumar v. State of Bihar (2022) 9 SCC 577, allowed the withdrawal and dismissed the application as withdrawn. The order was directed to be communicated to the Principal District & Sessions Judge, Katihar for compliance.
Issues considered
- Whether the order dated 08‑09‑2014 taking cognizance under Section 138 of the Negotiable Instruments Act can be quashed.
- Whether the application for quashing can be withdrawn and dismissed by the Court.
Legislation cited
- Negotiable Instruments Act — s. 138
Subjects
- Section 138 NI Act
- quash order
- withdrawal of application
- criminal procedure
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57155 of 2019
Arising Out of PS. Case No.-261 Year-2014 Thana- KATIHAR COMPLAINT CASE
District- Katihar
======================================================
Manoj Kumar Son Of Rameshwar Prasad Resident Of Village - Shitlastan,
Michaiwari, P.S.- Sahayak Thana Of Town Police Station, Dist.- Katihar.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Sakaldev Rai Son of Late Rohin Rai Resident of Village - Bhorabari,
Daheria, P.S.- Katihar, Dist.- Katihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar
For the Opposite Party/s : Mr.Ram Naresh Ray
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
7 03-02-2026 Heard the parties.
2. This application has been filed for quashing of the
order dated 08.09.2014 passed in Complaint Case No. 261 of
2014 by learned Judicial Magistrate, 1st Class, Katihar by which
cognizance for the offence punishable under Sections 138 of the
NI Act was taken.
3. After some arguments, the learned counsel
appearing for the petitioner prays for and is permitted to
withdraw this application with liberty to raise all the grounds at
an appropriate stage.
4. If such an application is filed, the same shall be
considered by the Court below and a reasoned order shall be
Patna High Court CR. MISC. No.57155 of 2019(7) dt.03-02-2026
2/2
passed in accordance with law and in view of the law laid down
by the Hon’ble Supreme Court in the case of Kanchan Kumar
Vs. The State of Bihar reported in (2022) 9 SCC 577.
5. In view of the aforesaid, this application is
dismissed as withdrawn.
6. Let a copy of this order be communicated to the
Principal District & Sessions Judge, Katihar through FAX for its
compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U T
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