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IN THE HIGH COURT OF JUDICATURE AT PATNA
SHAILENDRA SINGH
Sri Abdul Samee Siddiqui @ Abdul Samee Abdul Gani Siddiqui, Son of Abdul Ganj Siddique – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
SHAILENDRA SINGH, J.
Heard Mr. Nirbhay Prashant, learned counsel appearing for the petitioner, Mr. M.K. Gautam, learned APP appearing for the State and Mr. Rajesh Kumar, learned counsel for the O.P. No. 2.
2. The instant petition has been filed with a prayer to quash the entire criminal proceeding having arisen out of Complaint Case No. 452(C) of 2013 pending in the court of learned Judicial Magistrate, 1st Class, Munger.
3. Mr. Nirbhay Prashant, learned counsel appearing for the petitioner submitted that it is an admitted position that the petitioner had taken Rs. 20,00,000/- (rupees twenty lakhs) from the complainant/O.P. No. 2 on different dates as a loan and in this regard, an agreement dated 19.10.2006 was also made in between both the parties, of which copy has been filed before this Court. As per the allegation made by the O.P. No. 2 in his complaint, the accused person including the petitioner did not repay the loan amount of rupees twenty lakhs as per the terms and conditions of the agreement and two cheques vide cheque Nos. 698674 dated 15.02.2013 and 698675 dated 05.03.2013 were issued by the petitioner for returning the loan amount as well as part payment of com
Dishonour of cheques under Section 138 necessitates adherence to jurisdictional rules; obligations from mutual agreements bind parties even when compliance involves further arbitration or compensatio....
The main legal point established in the judgment is that allegations in a complaint should be accepted at face value at the pre-trial stage, and the trial court should have the opportunity to weigh t....
The court emphasized that allegations of fraudulent financial transactions satisfy the essential ingredients for criminal liability under IPC Section 420, and cannot be dismissed as merely civil disp....
The court affirmed that criminal proceedings cannot be used as leverage in civil disputes, emphasizing the need for proof of dishonest intent and necessary ingredients for offences claimed. Lack of v....
A drawer of a cheque may incur liability under Section 138 of the Negotiable Instruments Act unless they can sufficiently rebut the statutory presumptions of consideration and debt.
A mere breach of contract does not constitute criminal liability under IPC unless fraudulent intent is established at the time of inducement.
The main legal point established in the judgment is that a dispute primarily civil in nature, such as non-payment under a contractual liability, does not necessarily constitute an offence under Secti....
Sending replacement cheque in closed cover refused by payee does not amount to payment under Section 138 NI Act Proviso (c) as payee must possess money; compounding requires complainant's consent.
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