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JUDGMENT

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[REPORTABLE]

IN THE SUPREME COURT O F INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 2083/2013

(arising out of SLP(Criminal) No. 10056 of 2012)

Kamlesh Kumar

…..Appellant

Vs.

State of Bihar & Anr.

….Respondents

J U D G M E N T

A.K.SIKRI,J.

1.

Leave granted.

2.

The appellant herein is facing trial in the complaint filed by

respondent No.2 under Section 138 of the Negotiable Instruments

Act (N.I. Act for short). According to the appellant, criminal

complaint is not maintainable and no such proceedings could be

launched against him. He, therefore, approached the High Court

of Judicature at Patna in the form of a petition under Section 482

of the Cr.P.C. for quashing of the order dated 28.10.2009 whereby

the Court of Magistrate had taken cognizance of the complaint

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JUDGMENT

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filed by the respondent No.2 issued summons to the appellant.

This petition, however, has been dismissed by the High Court vide

impugned judgment dated 1.11.2012. The solitary reason given

by the High Court while dismissing the petition is that trial has

already commenced and two witnesses have already been

exami