Anil Kumar Niraj vs The State Of Bihar Through ...
2023 Latest Caselaw 1015 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Criminal Writ Jurisdiction Case No.917 of 2021
       Arising Out of PS. Case No.-32 Year-2021 Thana- DIGHALBANK District- Kishanganj
     ======================================================

Anil Kumar Niraj Son of Hare Ram Jha, Resident of Village - Belbari, P.S. - Tarabari, District - Araria.

... ... Petitioner/s Versus

1. The State of Bihar through Principal Secretary Home Department, Govt. of Bihar Patna, Bihar

2. Superintendent of Police, Kishanganj.

3. Officer - In-Charge, Dighalbank Police Station, Kishanganj.

4. Kranti Kumar Das Son of Shri Malchand Harijan, Resident of village -

Hadva Danga, P.S. - Dighalbank, Dist. - Kishanganj.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar, Advocate For the State : Mr. Saroj Kumar Sharma, AC to AAG-3 For the Respondent : Md. Mushtaque Alam, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL JUDGMENT Date : 16-03-2023

Heard learned counsel for the petitioner, learned counsel

for the State and learned counsel for the respondent no.4.

The petitioner has filed the present application for

quashing the F.I.R. Dighalbank P.S. Case No. 32 of 2021

registered under Sections 420 and 406 of the I.P.C. read with

Section 138 of N.I. Act.

Counsel for the petitioner submits that upon bare reading

of the F.I.R., it transpires that main allegation is relating to

bouncing of cheque. He further submits that it is crystal clear

under section 142(1) (a) of the N.I. Act that "no Court shall Patna High Court CR. WJC No.917 of 2021 dt.16-03-2023

take cognizance of any offence punishable under section 138

except upon a complaint, in writing, made by the payee or, as

the case may be, the holder in due course of the cheque;"

Counsel for the State submits that after going through the

content of the F.I.R., it transpires that there are ingredients of

sections 420 and 406 of I.P.C. as well as section 138 of the N.I.

Act.

Counsel for the informant submits that the petitioner was

granted bail vide order dated 02.07.2021 in A.B.P. No. 265 of

2021 on the conditions that he shall pay 20% of the cheque

bounce amount to the informant. He further submits that a

petition for extension was also filed and period for payment of

20% of cheque bounce amount has been extended for further 15

days but instead of fulfilling the conditions, the petitioner has

opted to file the present criminal writ petition with a view to

evade the process of criminal law.

From the record annexed, it transpires that final report has

not received till 09.05.2022.

In the opinion of the Court due to presence of sections

420 and 406 of the I.P.C. read with Section 138 of N.I. Act, this

F.I.R. cannot be quashed and therefore, prayer for quashing the

F.I.R. is hereby rejected and the present Cr. Writ petition is Patna High Court CR. WJC No.917 of 2021 dt.16-03-2023

hereby dismissed.

So far as the applicability of Section 142(1)(a) is

concerned that cognizance shall not be taken of an offence

under section 138 of N.I.Act, except upon complain is the law

of the land. Therefore, even after rejection of this case, the

petitioner shall be at liberty to raise the plea of Section 142(1)

(a) of the N.I.Act at appropriate stage before appropriate forum

and not at this stage.

(Dr. Anshuman, J.) ravishankar/-

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