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( 2026:JHHC:6875 )

IN THE HIGH COURT OF JHARKHAND AT RANCHI

Cr.M.P. No.3169 of 2024

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1. Original Infraventures Private Limited, a company incorporated

under the Companies Act, 1956 having its registered office at F-

10A-14, First Floor, Malhan Falcon Plaza, Sector-12, Dwarka,

South West District, P.O.-Dwarka, P.S.-Sector-19, New Delhi-

110075, State-Delhi, through its authorized representative and

Director Munish Vats, Son of Shri Bishan Dayal Sharma, aged

about 43 years, resident of C-1/8, Sector-16, Rohini, P.O.-Rohini,

P.S.-Rohini, District North West, New Delhi-110089, State-Delhi.

2. Mohammed Tauqeer, son of Abdus Samad, aged about 36 years,

resident of House No.660, Block B, Sector-7, P.O.-Faridabad, P.S.-

Faridabad, District-Faridabad-121006, State-Haryana.

3. Munish Vats, Son of Shri Bishan Dayal Sharma, aged about 43

years, resident of C-1/8, Sector-16, Rohini, P.O.-Rohini, P.S.-

Rohini, District North West, New Delhi-110089, State-Delhi.

… Petitioners

Versus

1. The State of Jharkhand

2. Akhilesh Kumar Sinha, aged about 56 years, son of Late Bangali

Singh, resident of Mohalla Dhobi Talab, P.O.-Chaibasa, District-

Singhbhum (West)-833201, Jharkhand.

… Opposite Parties

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For the Petitioners : Mr. Mukesh Kr. Banka, Advocate

For the State : Mr. Manoj Kr. Mishra, Addl.P.P.

For the O.P. No.2 : Mr. Amlan Palit, Advocate

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P R E S E N T

HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

1

Cr. M.P. No.3169 of 2024

( 2026:JHHC:6875 )

By the Court:- Heard the parties.

2. This Criminal Miscellaneous Petition has been filed invoking the

jurisdiction of this Court under Section 528 of the BNSS, 2023 with the

prayer to quash and set aside the entire criminal proceeding arising out of

Complaint Case No.2091 of 2022 including the order taking cognizance

dated 31.03.2022 passed by learned Judicial Magistrate, Ranchi and all

subsequent proceedings pending before the learned trial Court of the said

complaint case, as well as the order dated 12.03.2024 passed by the

learned Additional Judicial Commissioner-VIII, Ranchi in Criminal

Revision No.511 of 2023 whereby and where under the learned

Additional Judicial Commissioner-VIII, Ranchi dismissed the criminal

revision.

3. The brief fact of the case is that the petitioners are the accused

persons of the said Complaint Case No.2091 of 2022. The admitted case of

the petitioner is that the petitioner issued a cheque for Rs.1,08,000/- to the

complainant. The complainant presented the said cheque with its banker,

but the said cheque was dishonored and the cheque return memo bore the

remarks ‘account closed’. As even after the demand of the cheque amount

needed by the complainant by contacting the Directors of the accused

company; the accused persons failed and neglected to remit the cheque

amount; the complainant sent a legal notice through his lawyer to the

accused person of the case, demanding payment of cheque amount within

15 days from the receipt of the notice. The legal notice was returned by

the postal services. The Director of the company namely Awdesh Kumar

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Cr. M.P. No.3169 of 2024

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requested the complainant not to move forward with the complaint in

respect of the offence punishable under Section 138 NI Act and promised

that he will re-issue a new cheque but as ultimately, they did not pay the

cheque amount hence, the complainant filed this complaint.

4. The learned Judicial Magistrate-XVI, Ranchi on the basis of the

materials available in the record found prima facie case for the offences

punishable under Section 138 read with Section 141 of the Negotiable

Instruments Act and directed for issuance of summons. The said order of

issuing summons has not been challenged by the petitioners in any

manner by filing any criminal revision. Criminal Revision No.511 of 2023

was filed against the order dated 25.08.2023 passed by the learned Judicial

Magistrate-XVI, Ranchi in connection with the said Complaint Case

No.2091 of 2022 whereby a petition filed on behalf of the

accused/petitioner namely Munish Vats seekin