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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Bishwambhar Prasad Gupta – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. procedural requirements for taking cognizance (Para 2 , 3) |
| 2. arguments against improper cognizance (Para 4 , 5) |
| 3. counterarguments regarding charge validity (Para 6 , 7) |
| 4. court identifies errors in taking cognizance (Para 8) |
| 5. quashing of cognizance orders (Para 9 , 10) |
| 6. disposal of the criminal miscellaneous petition (Para 11) |
JUDGMENT :
1. Heard the parties.
2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 482 Cr.P.C. with a prayer to quash the entire criminal proceeding including the order dated 25.07.2015 passed by the learned Chief Judicial Magistrate, Deoghar in connection with Deoghar Town P.S. Case No. 317 of 2012, corresponding to G.R. No. 1084 of 2012 whereby and where under, the learned Chief Judicial Magistrate, Deoghar has taken cognizance for the offence punishable under Section 138 of Negotiable Instrument Act and also to quash the order dated 28.08.2018 passed by the learned Sessions Judge, Deoghar in Criminal Revision No. 29 of 2018 whereby and where under, the learned revisional court affirmed the said order dated 05.02.2018 passed by the learned Chief Judicial Magistrate, Deoghar.
3. T
Cognizance under Section 138 of the Negotiable Instruments Act requires a written complaint from the payee, not merely a police report, ensuring adherence to procedural law.
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