( 2026:JHHC:13144 ) 1 Cr.M.P. No.1774 of 2020 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 1774 of 2020 Naveen Kumar Sinha, aged about 56 years, S/o Sri Nand Kishore Prasad, R/o village –Shastri Nagar, Near Raj Kamal Saraswati Vidya Mandir, P.S. –Bank More, P.O. –Dhansar, District –Dhanbad. .... Petitioner Versus 1. The State of Jharkhand 2. Gopal Prasad, S/o Late Brijlal Prasad Srivastava, C/o Ambika Lal, R/o Jharnapara, Heerapur, P.O. & P.S. –Dhanbad, District – Dhanbad. At present resident of C/o Late Vishnu Sahay Bhawan, Mara Colony, Behind Pump House, P.O. & P.S. –Dhanbad, District –Dhanbad. …. Opp. Parties P R E S E N T HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY ….. For the Petitioner : Mr. Mukesh Bihari Lal, Advocate : For the State : Mr. V.K. Vashistha, Spl. P.P. For O.P. No.2 : Mr. Ranjan Kr. Singh, Advocate : Mr. Niranjan Singh, Advocate ….. By the Court:- 1. Heard the parties. 2. This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 482 of Cr.P.C. with the prayer to quash the order dated 04.02.2020, passed by the learned Sub-Divisional Judicial Magistrate, Dhanbad in C.P. Case No. 52 of 2015 whereby and where under the learned Sub-Divisional Judicial Magistrate, Dhanbad has taken cognizance of the offence punishable under Section 138 of the N.I. Act. 3. The brief fact of the case is that the petitioner issued two cheques for Rs.5,00,000/- and Rs.7,00,000/- respectively on ( 2026:JHHC:13144 ) 2 Cr.M.P. No.1774 of 2020 17.11.2014 and 27.11.2014 respectively. The said cheques were presented by the opposite party no.2 in the bank but the same got dishonoured. The demand notice was sent to the petitioner in respect of both the cheques but the petitioner replied to the said notice by denying the liability and payment of the cheque amount and did not pay the cheque amount even after fifteen days of receiving the demand notice. The learned Sub-Divisional Judicial Magistrate, Dhanbad referred to the Judgment of Hon’ble the Supreme Court of India in the case of MMTC Ltd. Vs. Medchl Chemicals and Pharma (P) Ltd., reported in (2002) 1 SCC 234 wherein it was held that stop payment of cheque is covered under the provisions of 138 of the N.I. Act and after finding sufficient material to issue the process under Section 138 of the N.I. Act passed the summoning order. The learned Sub-Divisional Judicial Magistrate also found prima facie case of the offence punishable under Section 138 of the N.I. Act. 4. It is submitted by the learned counsel for the petitioner that the learned court below has exceeded its jurisdiction in taking cognizance and issue of process by the said order dated 04.02.2020, passed in C.P. Case No. 52 of 2015; as earlier a Co- ordinate Bench of this Court in Criminal Miscellaneous Petition No. 134 of 2017 vide order dated 10.07.2019 quashed and set aside the earlier order of cognizance of the offence punishable under Section 138 of the N.I. Act dated 15.12.2015, passed in the said Complaint Case No. 52 of 2015, as vide the said earlier order ( 2026:JHHC:13144 ) 3 Cr.M.P. No.1774 of 2020 dated 15.12.2015, cognizance was taken in a routine manner without application of judicial mind. The Co-ordinate Bench gave an opportunity to the petitioner to appear before the learned Magistrate and directed the learned Magistrate that the learned Magistrate shall after giving opportunity of hearing to the parties shall pass appropriate orders in accordance with law. Hence, it is submitted that the prayer as prayed for by the petitioner in this criminal miscellaneous petition be allowed. 5. The learned Spl. P.P. and the learned counsel for the opposite party no.2 on the other hand vehemently oppose the prayer of the petitioner and submit that the order dated 04.02.2020 passed in C.P. Case No. 52 of 2015 is in consonance with the order passed by the Co-ordinate Bench of this Court in Cr.M.P. No. 134 of 2017. It is next submitted that there is absolutely no illegality in the said order dated 04.02.2020, passed in the said C.P. Case No. 52 of 2015. Hence, it is 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 available in the record, it is pertinent to mention here that in the said order dated 10.07.2019, passed in Cr.M.P. No. 134 of 2017, the Co-ordinate Bench directed the learned Judicial Magistrate -1st Class to give opportunity of hearing to the petitioner as also the complainant-opposite party no.2 and to pass appropriate order in accordance with law. From the impugned order dated 04.02.2020, this Court finds that the ( 2026:JHHC:13144 ) 4 Cr.M.P. No.1774 of 2020 learned Sub Divisional Judicial Magistrate has considered all the ingredients of the offence punishable under Section 138 of the N.I. Act and there is no illegality committed in finding prima facie case and passing the summoning order. Hence, this Court is not inclined to accede to the prayer of the petitioner made in this criminal miscellaneous petition in exercise of its power under Section 482 of the Code of Criminal Procedure. 7. Accordingly, this criminal miscellaneous petition being without of any merit is dismissed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 17th April, 2026 AFR/Sonu- Uploaded on 11.05.2026