2025:JHHC:36728 Cr. M. P. No. 4014 of 2023 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. M. P. No. 4014 of 2023 ------ Indesh Kumar Tiwary, aged about 40 years, Son of Sri Lav Kumar Tiwary, resident of Village- Golhana, P.O.- Navdiha, P.S.- Pandwa, District- Palamau … … … … Petitioner Versus 1. The State of Jharkhand 2. Pankaj Kumar Gupta, Son of Uday Kumar Gupta, resident of Shakti Apartment, Joraphatak, P.O. and P.S.- Bankmore, District- Dhanbad … … … … Opp. Parties ------ For the Petitioner : Mr. Sheo Kumar Singh, Advocate For the State : Mr. Shiv Shankar Kumar, Addl. P.P. For the O.P. No. 2 : Mr. Lukesh Kumar, Advocate ------ P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY By the Court:- Heard the parties. 2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure with the prayer to quash the entire criminal proceeding against the petitioner including the order dated 04.09.2023 by which the learned Chief Judicial Magistrate, Dhanbad has taken cognizance for the offence punishable under Section 138 of the N.I. Act against the petitioner in connection with Complaint Case No. 13381 of 2022. 2025:JHHC:36728 Cr. M. P. No. 4014 of 2023 2 3. The brief fact of this case is that the petitioner gave a cheque of Rs. 2,50,000/- to the complainant-opposite party no. 2. The same upon being presented by the petitioner in the bank, was dishonored due to insufficiency of fund and upon service of notice demanding the cheque amount, the same was not replied by the petitioner nor the petitioner paid the cheque amount within the stipulated time. Hence, the complainant filed Complaint Case No. 13381 of 2022 and basing upon same the Learned Chief Judicial Magistrate has taken cognizance by the offence punishable under Section 138 of N.I. Act. 4. It is submitted by the learned counsel for the petitioner that prior to presentation of the cheque, the petitioner has already paid the cheque amount. Hence, there was no amount due and payable by the petitioner on the date of presentation of cheque in the bank by the complainant, hence, it is prayed that the prayers as prayed for by the petitioner in this criminal miscellaneous petition be allowed. 5. Learned Additional Public Prosecutor and learned counsel for the opposite party no. 2 on the other hand vehemently opposes the prayer and submits that the amounts claimed to have been paid by the petitioner to the complainant has arisen out of other transactions between the parties and the same has got nothing to do with the present cheque. It is next submitted that the only contention of the petitioner is that the allegations against the petitioner are false, can only be considered during full-dress trial of the case. It is therefore, 2025:JHHC:36728 Cr. M. P. No. 4014 of 2023 3 submitted that this criminal miscellaneous petition being without any merit be dismissed. 6. Having heard the submissions made at the bar and after going through the materials in the record, it is pertinent to mention here that the undisputed fact remains that the petitioner issued a cheque of Rs. 2,50,000/- to the complainant. The same was dishonored because of the insufficient funds in the account. The demand notice of payment of the cheque amount was made but the petitioner did not pay the same. Hence, in the considered opinion of this Court, it is sufficient to constitute the offence punishable under Section 138 of the N.I. Act. Hence, this Court do not find any justification to quash the entire criminal proceeding including the order dated 04.09.2023 passed by Learned Chief Judicial Magistrate, Dhanbad, against the petitioner in exercise of its power under Section 482 of Cr.P.C. 7. Accordingly, this criminal miscellaneous petition being without any merit is dismissed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 08th December of 2025. AFR/ Simran Uploaded on:- 15.12.2025