IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.665 of 2025 Arising Out of PS. Case No.-150 Year-2025 Thana- MUFFASIL District- West Champaran ====================================================== Navin Kumar son of Umakant Pandey Village- Krishna Puri Colony, Parvatiya Tola, PS- Muffasil Bettiah, District -West Champaran ... ... Petitioner/s Versus 1. The State of Bihar, through the Special Secretary-cum-Control Officer, Home Dept. (Special Branch ) Bihar Patna 2. The Director General of Police, Bihar, Patna bihar 3. The Deputy Inspector General of Police, Champaran Range Bettiah, West Champaran bihar 4. The Superintendent of Police West Champaran (Bettiah) bihar 5. The Deputy Superintendent of Police Bettiah Sadar, West Champaran bihar 6. The Station House officer Bettiah Muffasil, Ps- Bettiah, West Champaran bihar 7. Ramesh Mahto Son of Thag Mahto village- shivrajpur, Ward no. 6, Ps- Yogapatti, Dist- West Champaran ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. D.K. Sinha, Sr. Advocate Mr. Amit Kumar, Advocate For the Respondent/s : G.P.26 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 2 16-06-2025 Heard the learned Senior counsel for the petitioner and learned counsel for the State. 2. The present application has been filed on behalf of the petitioner for quashing of the FIR of Bettiah Muffasil P.S. Case No.150 of 2025 dated 17.03.2025 in District- West Champaran (Bettiah) which has been registered for the offences punishable under Sections 316(2), 318(4) of the Bhartiya Nyaya Sanhita, 2023 and under Section 138 of the NI Act, whereby and whereunder the petitioner has been made Patna High Court CR. WJC No.665 of 2025(2) dt.16-06-2025 2/3 accused in this case. 3. The prosecution case, in brief, is that the petitioner has taken loan of Rs.55,00,000/- in cash from the informant/ respondent no.7 on 14.02.2024 and gave a cheque of Rs.10,00,000/- in lieu of aforesaid loan to the informant vide cheque No.000004. The petitioner assured the informant to return Rs.10,00,000/- by cash instead of the aforesaid cheque and again the informant gave the cheque no.000409 of Rs.10,00,000/-. The cheque no.000409 of Rs.10,00,000/- bounced but the informant has never stated that the petitioner has given any cheque of Rs.55,00,000/- to the informant. The informant has shown cheque of Rs.10,00,000/- only which got bounced but he has alleged that he has given loan of Rs.55,00,000/- in cash to the petitioner, which was not returned by him. 4. The contention of the petitioner is that the FIR be quashed after considering his defence. 5. The FIR cannot be quashed by this Court by considering the affidavit evidence and the defence of the petitioner. It is for the Investigating Agency to consider the defence of the petitioner and thereafter submit the final report/charge sheet in accordance with law. Patna High Court CR. WJC No.665 of 2025(2) dt.16-06-2025 3/3 6. This application is dismissed with liberty to the petitioner to approach the Superintendent of Police, West Champaran with his defence by filing a representation and if such a representation is filed by the petitioner the same shall be considered by the I.O. of the case and appropriate final report/charge sheet shall be filed by the Police in accordance with law after considering the defence of the petitioner. shikha/- (Sandeep Kumar, J) U T