Patna High Court
Rahul KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SOURENDRA PANDEY
Holding
The application for quashing is disposed of, with permission granted to withdraw it and to approach the trial court for settlement.
Summary
The petitioner, Rahul Kumar, filed an application seeking to quash the order dated 20‑03‑2024 of the Judicial Magistrate‑Ist Class‑Cum‑Additional Munsif, Begusarai, which had taken cognizance of an offence under Section 138 of the Negotiable Instruments Act, 1881. The trial in the underlying complaint was reported to be at the stage of arguments. The petitioner requested permission to withdraw the present application and instead approach the trial court for a settlement with the complainant, Dheeraj Ray. The Court, after hearing counsel, allowed the withdrawal and granted liberty to file a settlement application before the trial court. Consequently, the application for quashing was disposed of.
Issues considered
- Whether an application for quashing of a criminal proceeding can be entertained at an advanced stage of trial.
- Whether the petitioner may be permitted to withdraw the application and seek settlement before the trial court.
Legislation cited
- Negotiable Instruments Act, 1881 — s. 138
Subjects
- Section 138 NI Act
- cheque bounce
- criminal procedure
- application for quashing
- settlement
- trial court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83261 of 2024
Arising Out of PS. Case No.-356 Year-2024 Thana- BEGUSARAI COMPLAINT CASE
District- Begusarai
======================================================
Rahul Kumar S/O Late Ashok Sharma @ Ashok Kumar Sharma R/O Behind
Blue Diamond Hotel Nagdaha, Ward No. 13, P.S- Muffasil, Distt.- Begusarai.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Dheeraj Ray S/O Dinesh Ray R/O Village- Matihani , P.S- Matihani, Distt.-
Begusarai.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeet Kumar, Adv.
For the O.P. No. 2 : Mr. Amar Kumar Singh, Adv.
For the State : Mr. Chandra Bhushan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL JUDGMENT
Date : 13-02-2026
Heard the learned counsel for the parties.
2. This is an application seeking quashing of the
order dated 20.03.2024 passed by the learned Judicial
Magistrate-Ist Class-Cum-Additional Munsif, Begusarai in
connection with Complaint Case No. 356(C) of 2024, whereby
cognizance has been taken against the petitioner for the offence
Patna High Court CR. MISC. No.83261 of 2024 dt.13-02-2026
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under Section 138 of the Negotiable Instruments Act, 1881.
3. The learned counsel for the petitioner submits
that he has been informed that the trial is almost at its fag end
and the matter is at the stage of arguments.
4. It has, thus, been submitted on behalf of the
petitioner that he may be permitted to withdraw the present
application with a liberty that he may be permitted to make an
application before the learned Trial Court for settlement of
dispute(s) with the complainant/opposite party No. 2.
5. Permission is accorded.
6. The application stands disposed off with the
liberty aforesaid.
(Sourendra Pandey, J)
Praveen-II/-
AFR/NAFR NAFR
CAV DATE N/A
Uploading Date 13.02.2026
Transmission Date 13.02.2026
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