Patna High Court - Orders
Abu Nasar vs The State Of Bihar & Ors on 15 July, 2014
Author: Ashutosh Kumar
Bench: Ashutosh Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10518 of 2011
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Abu Nasar, Son of Late Mansoor Haque, resident of Mohalla Banaulia, P.S.
Bihar, District nalanda
.... .... Petitioner/s
Versus
1. The State of Bihar
2. Sanjay Kumar Sinha, S/o Chandeshwari Prasad
3. Satish Kumar Sinha, Son of Dharamdeo Singh
Both residents of Village Sadarpur, PS Bind District Nalanda
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.
For the Opposite Party/s : Mr.
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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
ORAL ORDER
4 15-07-2014Heard Counsel for the petitioner and Opposite party no. 2.
The petitioner challenges the order dated 3.11.2010 passed by the learned Judicial Magistrate in a complaint case whereby his complaint was dismissed under Section 203 Cr.P.C., as also the order dated 3.2.2011 passed by learned Sessions Judge, Nalanda at Biharsharif in Cr. Revision No. 374 of 2010, which has sustained the order dismissing the complaint under Section 203 Cr.P.C.
Perused both the orders. No fault could be found with both the orders as the complaint was rightly dismissed under Section 203 Cr.P.C. The allegation is of dishonour of cheques issues at the instance of the accused persons. The procedure prescribed for giving notice to the person, who issued the cheque, and other formalities were never complied with. The complainant could not have been permitted to adopt different strategy for getting an accused person tried. On such ground the complaint was dismissed under Section 203 Cr,P.C. For the same reason the learned revisional court also Patna High Court Cr.Misc. No.10518 of 2011 (4) dt.15-07-2014 2 sustained the original order dismissing the complaint.
Finding no merit in this application, it is dismissed.
(Ashutosh Kumar, J) Snkumar/-
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