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Patna High Court

SRI HIMANSHU KUMAR @ HIMANSHU KUNWARversusState Of Bihar and Anr

Decided
Disposal
DISPOSED

Holding

The petition is dismissed as the criminal proceeding has become infructuous following the acquittal of the petitioner.

Summary

The petitioner Himanshu Kumar filed a petition under Section 482 of the Criminal Procedure Code seeking to quash an order dated 07-12-2016 that had taken cognizance of an alleged offence under Section 138 of the Negotiable Instruments Act. The court learned that the underlying complaint (Case No. 2855/2015) had already been disposed of on 02-09-2022, with the petitioner acquitted. The petitioner argued that the matter had become infructuous and should be dismissed. The State did not oppose this request. Considering the submissions, the High Court held that the petition could be disposed of as the case was already concluded, and accordingly dismissed the petition.

Issues considered

  • Whether a petition under Section 482 CrPC for quashing an order taking cognizance is maintainable when the underlying criminal case has already been disposed of and the accused acquitted

Legislation cited

Subjects

  • Criminal Procedure
  • Section 482 CrPC
  • Section 138 NI Act
  • Infructuous proceeding
  • Acquittal
  • Quash petition

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.73309 of 2018
                 Arising Out of PS. Case No.-2855 Year-2015 Thana- PATNA COMPLAINT CASE District-
                                                          Patna
                 ======================================================
                 Sri Himanshu Kumar @ Himanshu Kunwar Son of Sri Ram Padarath Kumar,
                 Resident of Village P.O. Farda, P.S. Naya Ram Nagar, Distirct Munger Bihar-
                 Presently residing at 501, Om Sai, Apartment, Anantpur, P.O. Doranda, P.S.
                 Chutia, District Ranchi Jharkhand.

                                                                               ... ... Petitioner/s
                                                     Versus
           1.    State Of Bihar
           2.    M/s Sandhya Samrat Construction and Services Private Limited-through its
                 Managing Director Sri Madhukar Kumar Son of Sri Ram Naresh Singh,
                 Resident of B-204, Om Raj Apartment, Jamal Road, P.S. Kotwali, District
                 Patna, State Bihar.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Abhimanyu Vatsa, Advocate
                 For the Opposite Party/s :     Mr. Sri Jharkhandi Upadhyay, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

4   14-05-2026                  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 dated 07.12.2016 passed by

                   the    learned A.C.J.M.,         Patna     in   Complaint       Case      No.

                   2855(C)/2015 by which cognizance was taken against the

                   petitioner for the offence under Section 138 of the N.I.Act.

                                3. As per the report of the Court concerned, vide letter

                   no. 39/2026 dated 21.02.2026, it is informed that Complaint

                   Case No. 2855/2015 has already been disposed of on
              Patna High Court CR. MISC. No.73309 of 2018(4) dt.14-05-2026
                                                          2/2




                        02.09.2022 and the petitioner has been acquitted.

                                     4. Learned counsel for the petitioner submits that this

                        case has become infructuous, accordingly, the same may be

                        disposed of.

                                     5. Learned A.P.P. for the State has no objection to this

                        prayer of the petitioner.

                                     6. Considering the submissions of the learned counsel

                        for the parties, the present case is disposed of having become

                        infructuous.



                                                (Sunil Dutta Mishra, J)
rakhi/-

U         T


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