1

Reportable

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO(S). 000868 OF 2019

(@SLP(Crl) No(s). 10811 of 2018)

Birendra Prasad Sah

…Appellant(s)

VERSUS

The State of Bihar & Anr.

…Respondent(s)

J U D G M E N T

Dr Dhananjaya Y Chandrachud, J

1

Delay condoned.

2

Leave granted.

3

This appeal arises from a judgment of a learned Single Judge of the High Court

of Judicature at Patna dated 10 May 2018 by which an order taking cognizance of an

offence under Section 138 of the Negotiable Instruments Act, 1888¹ has been quashed.

1 “Act”

Digitally signed by

MANISH SETHI

Date: 2019.05.13

16:56:59 IST

Reason:

Signature Not Verified

2

4

The facts, briefly stated, are thus:

5

The dispute arises over two cheques drawn on the State Bank of India in the

amount of Rs 36,00,000 and Rs 13,00,000 which were returned unpaid under a memo

issued by the UCO Bank, Begusarai on 20 November 2015. The appellant received the

memo on 4 December 2015. Following this, a legal notice was issued on 31 December

2015 intimating the dishonour of the cheque. According to the appellant, between 14

February 2016 and 23 February 2016, he m