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2025 DAILYLAW 41492 (JHR)

NAVIN KUMAR SINGH v. THE STATE OF JHARKHAND

Cr.M.P./887/2024 · 2025-10-30

Anil Kumar Choudhary

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Judgment text

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[2025:JHHC:33491 ] 1 Cr.M.P. No. 887 of 2024 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 887 of 2024 1. Navin Kumar Singh, aged about 53 years, son of Late Nageshwar Prasad Singh; 2. Reena Singh, wife of Navin Kumar Singh aged about 38 years, Both resident of Mannat, Anapurna Chowk, Behind Shiv Mandir, Nagra Toli, Post G.P.O., Police Station Bariatu, District Ranchi ...... Petitioners Versus 1. The State of Jharkhand 2. Praveer Tulsyan, son of Sri Pradeep Kumar Tulsayan, Partner Gajanand Jewellers, 1" Floor, Pariwar Heights, Near Sarjana Chowk, M.G. Road, Post G.P.O, Police Station Kotwali, District Ranchi ….. Opposite Parties For the Petitioner : Mr. Ritu Kumar , Adv. Mr. Samavesh Deo , Adv. For the State : Mr. Sunil Kr. Dubey, Addl. PP For the O.P. No. 2 : Mr. Nilesh Kumar, Adv. Ms. Sonal Sodhani, Adv. 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 CrPC with the prayer for quashing and setting aside the entire criminal proceeding as well as the order dated 27.04.2022 in connection with Complaint Case no. 4231 of 2022, whereby and where under, learned court below ordered for issuance of summons against the petitioners for having committed the offence punishable under Section 138 of N.I. Act. 3. Learned counsel for the petitioners submits that the petitioners are the accused of not paying the cheque amount of Rs. 1,00,000/- even though the same was dishonoured upon presentation and notice demanding payment of the cheque amount was given to [2025:JHHC:33491 ] 2 Cr.M.P. No. 887 of 2024 the petitioners. It is next submitted that the petitioners have handed over the demand draft of Rs. 1,20,000/- to the Opp. Party no. 2 – the complainant and the Opp. Party no. 2 – the complainant, who is present in the court, acknowledges the receipt of the said demand draft. Let the said acknowledgment be kept in record. 4. It is next submitted by learned counsel for the petitioners that since the petitioners have paid the cheque amount along with the extra amount, which is more than the amount fixed by the Hon’ble Supreme Court of India in the case of Sanjabij Tari v. Kishore S. Borcar and Another reported in 2025 SCCOnline SC 2069 being 7.5% of the cheque amount. 5. It is jointly submitted by the learned counsel for the petitioners and the learned counsel for the Opp. Party no. 2 that the Opp. Party no. 2 – the complainant is not desirous of prosecuting the case against the petitioner, in view of the payment of the amount and the additional amount, hence, it is submitted that the prayer as made in this criminal miscellaneous petition be allowed. 6. Learned Addl. PP submits that the State has no objection to the prayer of the petitioners to quash and set aside the entire criminal proceeding as well as the order dated 27.04.2022 in connection with Complaint Case no. 4231 of 2022; in view of compromise between the parties. 7. Having heard the submissions made at the Bar and in view of the fact of the case, as the parties have compromised the dispute and the opp. Party no. 2- complainant is not interested to proceed with the case, as the cheque amount and the additional amount has already been received by him, this Court is of the considered view that continuation of this criminal proceeding against the petitioner will amount to abuse of process of law. Therefore, this is a fit case where the entire criminal proceeding as well as the order dated 27.04.2022 in connection with Complaint Case no. 4231 of 2022 be quashed and set aside qua the petitioner. [2025:JHHC:33491 ] 3 Cr.M.P. No. 887 of 2024 8. Accordingly, the entire criminal proceeding as well as the order dated 27.04.2022 in connection with Complaint Case no. 4231 of 2022, is quashed and set aside qua the petitioner. 9. This Criminal Miscellaneous Petition is allowed. In view of the disposal of this Criminal Miscellaneous Petition, the interlocutory application, if any, also stands disposed of being infructuous. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated, the 30th October, 2025 Smita /AFR Uploaded on 17.11.25