Deendayal Gupta vs The State Of Jharkhand & Anr
2022 Latest Caselaw 1349 Jhar

                                               1

              IN THE HIGH COURT OF JHARKHAND AT RANCHI
                            Cr.M.P. No. 3398 of 2021

        Deendayal Gupta                                ......      Petitioner
                                  Versus
        The State of Jharkhand & Anr.                  ......      Opp. Parties


        CORAM:       HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

        For the Petitioner   :Mr. Baibhaw Gahlaut, Advocate
                              Mr. Satyam Parmar, Advocate
        For the State        : Mr. Veervijay Pradhan, A.P.P.

                       ............

04/Dated: 05/04/2022 Learned counsel for the petitioner submits that learned court

while deciding the cognizance order under section 138 of the N.I. Act held that

the petition has been filed premature before the expiry of 45 days which is

also disclosed under sections 138 and 141 I.P.C., which was challenged before

the Revisional Court and the Revisional Court remanded the matter to pass

afresh order. He submits that in the Revisional Court, petitioner was not party

and without hearing the petitioner Revisional Court passed order. He submits

that the petitioner was required to be heard in view of judgment in the case of

" Manharibhai Muljibhai Kakadia & Anr. Vs. Shaileshbhai Mohanbhai

Patel & Others" reported in (2012) 10 SCC 517.

Let notice be issued upon O.P. No. 2 under registered cover with

A/D as well as by ordinary process, for which requisites etc. must be filed

within two weeks.

Let this matter appear on 07.07.2022.

So far as petitioner is concerned, there shall be stay of further

proceeding in connection with Complaint Case No. 1113 of 2018, pending in

the Court of learned Judicial Magistrate, Ist Class, Bokaro till the next date.

( Sanjay Kumar Dwivedi, J.) Satyarthi/