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IN THE HIGH COURT OF JUDICATURE AT PATNA
CHANDRA SHEKHAR JHA
Deepak Singh Son of Saraju Prasad Singh – Appellant
Versus
State of Bihar – Respondent
| Table of Content |
|---|
| 1. court's reasoning based on legal precedent (Para 1 , 9 , 11 , 12 , 13) |
| 2. factual background of dishonoring cheque (Para 2 , 3 , 4) |
| 3. arguments challenging validity of fir (Para 5 , 6 , 8) |
| 4. contentions regarding cheating and breach of trust (Para 7 , 10) |
| 5. order to quash the fir (Para 14 , 15) |
JUDGMENT :
CHANDRA SHEKHAR JHA, J.
Heard learned counsel for the petitioner and learned counsel for the opposite party no. 2 as also learned A.P.P. for the State.
2. This application has been preferred under section 482 of the Code of Criminal Procedure (in short, the ‘Cr.P.C.’) for quashing the FIR being Raxaul P.S. Case No. 380 of 2022, registered for the offences under sections 420, 406 of the Indian Penal Code and Section 138 of the Negotiable Instruments Act (herein after referred to as the “N.I. Act”).
3. The brief facts of the case of the prosecution is that the informant namely, Pawan Kumar (opposite party no. 2), who is the Manager of Shiv Shakti Industries Private Limited having its office at Main Road, Near HDFC Bank, Raxaul, which deals with the supply of chicken feed, has alleged that in course of business transaction, his company had supplied chicken feeds to the p
Quashing of FIR is warranted when allegations do not establish prima facie legal ingredients for offenses, particularly under the Negotiable Instruments Act, following the requirements laid out in Se....
Filing a criminal complaint with mala fide intention to abuse the process of law and avoid proceedings under Section 138 of the Negotiable Instruments Act is not permissible.
Criminal Law - Dishonoure of Cheque - Quash of FIR - Complaint under Section 138 of NI Act, criminal cases have now been filed against petitioners, as aforesaid, cannot itself be a ground for quashin....
Prima facie evidence of mens rea for the offence, as indicated by cheque dishonour and non-repayment, constitutes grounds for trial and dismissal of petition to quash the criminal proceeding.
The presumption of liability under the Negotiable Instruments Act requires the accused to prove otherwise, and illegal cash transactions cannot be protected under law.
The intention to cheat must be shown to exist at the inception of the transaction for seeking prosecution for the offences of cheating and breach of trust.
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