Krishna Mohan Kumar vs State of Bihar

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Pat) 414

RAJIV ROY
Krishna Mohan Kumar – Appellant
Versus
State of Bihar – Respondent

Advocates Appeared:
For the Petitioner: M/s Bela Singh, Avinash Kumar Pandey.
For the State : Mr. Nawal Kishore Pd., APP.
For the Opp. Party : M/s Ravindra Kumar Shukla, R.R. Shukla.

Rajiv Roy, J. – Heard Mrs. Bela Singh, learned Counsel for the petitioner and Mr. Ravindra Kumar Shukla, learned Counsel appearing for the opposite party.

2. The present petition has been preferred for the quashing of the order dated 08.09.2014 passed by the learned Judicial Magistrate-1st Class, Muzaffarpur in connection with Trial No. 4870 of 2015 (arising out of Complaint Case No. 2549 of 2013) by which the cognizance has been taken under section 138 of the Negotiable Instrument Act (henceforth for short ‘the N.I. Act’).

3. The facts of the case leading to the present petition is/are as follows: –

4. The opposite party no. 2, Vivek Kumar filed complaint case alleging that: –

(i) the petitioner came to his house on 10.03.2013 and made a request for a loan amount of Rs. 8 lakhs. As they knew each other, the payment was made on 15.03.2013 and the petitioner assured to return the same by 15.06.2013.

(ii) as despite the said period crossed, no payment made, he made a request on 26.06.2013 which followed the issuance of Cheque No. 233717 dated 26.06.2013. However, upon production of the cheque before the Bank of Maharaja, Muzaffarpur, it was dishonoured for want of insufficient fund.

(iii