Patna High Court
Rajeev Kumar vs The State Of Bihar And Anr on 14 July, 2026
Author: Chandra Shekhar Jha
Bench: Chandra Shekhar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5001 of 2019
Arising Out of PS. Case No.-29777 Year-2014 Thana- PATNA COMPLAINT CASE District-
Patna
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Rajeev Kumar, S/o Basudeo Rai, Resident of Mohalla- New Jakkanpur, B.K.
Datta Lane, P.S.- Jakkanpur, District- Patna.
... ... Petitioner
Versus
1. The State of Bihar
2. Ram Jee Tiwari, son of Late Gauri Shankar Tiwari, resident of Village, P.O.
and P.S.- Murar, District- Buxar, At Present H/O Sri Vidyanand Tiwari,
Mohalla- Yarpur Jogiatoli, P.S.- Gardanibagh, District- Patna-800001
... ... Opposite Parties
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Appearance :
For the Petitioner : Mr. Sunil Kumar Singh No.10, Advocate
For the State : Mr. Jharkhandi Upadhyay, APP
For the Complainant : Mr. Jeetendra Narayan, Advocate
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CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL JUDGMENT
Date : 14-07-2026
Heard learned counsel appearing for the petitioner,
learned APP for the State duly assisted by learned counsel
appearing for complainant/O.P. No.2.
2. The present petition has been filed on behalf of the
petitioner for quashing of the order dated 12.05.2015 passed by
the learned Judicial Magistrate-1st Class, Patna, whereby and
whereunder the learned Jurisdictional Magistrate has taken
cognizance against the petitioner for the offences punishable
under Sections 406, 420 and 352 of the Indian Penal Code (for
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short 'I.P.C.') as well as Section 138 of the Negotiable
Instruments Act (for short 'N.I. Act').
3. The prosecution case, as per complainant/O.P.
No.2 is that he had approached to the petitioner for purchase of
a residential plot, as he works as a broker and they had signed
an agreement on 09.04.2012 purchase and sell of a piece of land
admeasuring 1 katha, 06 dhur bearing Plot No.493, Khata No.8,
Tauji No.5074 situated at village-Bishunpur Pakri, P.S.-Beur,
Patna for a consideration amount of Rs.16,50,000/- (Sixteen lacs
fifty thousand) out of which, a sum of Rs.5,51,000/- was paid as
advance money. It is further alleged in the agreement that rest
of the amount was to be paid within a period of four months and
thereafter, sale deed was to be executed. It is further stated that
a sum of Rs.15,00,000/- were paid to the petitioner but, the said
land was not transferred to him, thereafter, the complainant
started demanding his money back but the petitioner did not
return the aforesaid amount. In the meanwhile, the
complainant/O.P. No.2 came to know that the said land belongs
to Ganga Rai, who had given power of attorney to the one
Sheonath Rai and not to the petitioner. It is further alleged that
the petitioner had given three cheques bearing Nos. 354037,
354036 and 354038 dated 10.04.2013, 03.05.2014 and
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15.05.2014
respectively drawn on S.B.I. A/c No.20013024655
but, these three cheques were not presented in the bank on the
request of petitioner. The petitioner had again given three
cheques of HDFC Bank bearing A/c No.02351530011143 and
out of which, only one cheque bearing no.254704 dated
16.06.2014 was deposited in the bank, which was bounced back
on 19.06.2014 and then, a Complaint Case No.28589 of 2014
was filed in the Court of Chief Judicial Magistrate, Patna, which
is pending. Thereafter, both two cheques bearing No.254705
dated 26.08.2014 and 254707 dated 10.07.2014 had also
bounced back due to insufficiency of fund. It was further alleged
that in the morning of 08.10.2014, the petitioner had called the
complainant on his home with a promise to pay the said amount
but when the complainant along with his sons had gone to
petitioner’s house, all cheques were snatched and nothing had
paid.
4. The sole submission raised by learned counsel for
the petitoner that for same cause of action, a complaint case was
already filed, which was registered as Complaint Case
No.28589 of 2014 on 16.08.2014 before learned Chief Judicial
Magistrate, Patna, where for dishonouring of the cheques as
issued by this petitioner from his A/c No. 20013024995 bearing
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Cheque Nos. 354037, 354036, 354038 were issued on
10.04.2013, 05.03.2014 and 15.05.2014 respectively, which
upon presentation by the complainant before his bank were
dishonoured. It is submitted that for same set of cheques, the
present subsequent complaint case bearing No.29777 of 2014
was filed by the complainant before the learned Chief Judicial
Magistrate, Patna. In support of his submission, learned counsel
for the petitioner has relied upon legal report of Hon’ble
Supreme Court as available through Subrata Choudhary alias
Santosh Choudhary and Ors. vs. State of Assam and
Another [2014 SCC OnLine SC 3126].
5. The aforesaid factual submissions could not be
disputed by Mr. Jeetendra Narayan, learned counsel appearing
for complainant/O.P. No.2
6. In view of aforesaid, as it appears that the
Complaint Case No.29777 of 2014, which was registered
subsequent to the first complaint bearing No.28589 of 20214 for
same cause of action is bad in eyes of law.
7. Accordingly, the order dated 12.05.2015 passed
by the learned Judicial Magistrate-1st Class, Patna in connection
with Complaint Case No.29777 (C) of 2014 qua petitioner is
hereby quashed and set aside.
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8. The present petition stands allowed.
9. Let a copy of this order be communicated to the
learned trial court forthwith.
(Chandra Shekhar Jha, J.)
Sanjeet/-
AFR/NAFR NAFR CAV DATE NA Uploading Date 15.07.2026 Transmission Date 15.07.2026
