Rajib Kumar Jha vs The State Of Jharkhand & Anr
2024 Latest Caselaw 10377 Jhar

Jharkhand High Court

Rajib Kumar Jha vs The State Of Jharkhand & Anr on 12 November, 2024

Author: Sanjay Kumar Dwivedi

Bench: Sanjay Kumar Dwivedi

                IN THE HIGH COURT OF JHARKHAND, RANCHI
                             W.P. (Cr.) No. 854 of 2024
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             Rajib Kumar Jha                           .... Petitioner
                                    --   Versus --
             The State of Jharkhand & Anr.             .... Respondents
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CORAM: HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI

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For the Petitioner :- Mr. Rishav Kumar, Advocate For the State :- Mr. Deepankar Roy, Advocate

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02/12.11.2024 Learned counsel appearing for the petitioner submits that for

the cheque in question the petitioner has already faced the trial and he has

been acquitted by the learned Court by judgment dated 18th January, 2023

contained in Annexure-2. He submits that now a fresh complaint has been filed

by the complainant under Section 138 of the Negotiable Instruments Act on the

strength of judgment of Hon'ble Supreme Court in the case of Yogendra

Pratap Singh versus Savitri Pandey and Another reported in (2014) 10

SCC 713. He submits that the said case is applicable for the pending cases

only, however, the first complaint case has already been tried and disposed of

and in view of that the said case is not applicable for filing of the second

complaint case.

2. Issue notice upon the respondent No.2 under registered cover with

A/D as well as by ordinary process for which requisites must be filed within a

week.

3. Let this matter appear on 23rd January, 2025.

4. Till the next date, there shall be stay of further proceeding in

connection with Complaint Case No.833 of 2023, pending in the Court of

learned Judicial Magistrate, 1st Class, Dumka.

(Sanjay Kumar Dwivedi, J.) Sangam/

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