CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER

7 02-02-2026 Heard learned counsel for the parties.

2. The instant application has been filed by the petitioner under Section 482 of the Code of Criminal Procedure (hereinafter referred to as ‘Cr.P.C.’) seeking quashing of the order dated 16.07.2014 passed by the Court of the Chief Judicial Magistrate, Vaishali at Hajipur in Complaint Case No. 3257 of 2011, corresponding to Trial No. 7587 of 2014, whereby Instruments Act has been taken against the petitioner.

3. While assailing the impugned order, Mr. Madan Jeet Kumar, learned counsel appearing for the petitioner has mainly based his arguments on the alleged non-compliance with clause (b) of the proviso appended to Section 138 of the Negotiable Instruments Act . Though he has admitted the issuance of the alleged cheques by the petitioner and their dishonour by the concerned bank.

4. On the other hand, Mr. Vinod Kumar, learned counsel appearing for Opposite Party No. 2 submits that the cheques allegedly issued by the petitioner were presented before the bank within the prescribed time limit under the Negotiable Instruments Act . Upon dishonour, the said cheques were return