( 2026:JHHC:3752 ) 1 Cr. M.P. No.2360 of 2024 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.2360 of 2024 ------ Md. Sarfaraz @ Sarfaraj Akhtar, aged about 44 years old, son of Mohammad Shamim Akhtar, resident of Azad Basti Ward No.9, Post Office-Gumla, Police Station-Gumla, District-Gumla. … Petitioner Versus 1. The State of Jharkhand 2. Md Majid Ansari, aged about 45 years old, son of Mubarak Ansari, resident of Village-Kokdoro, Post Office and Police Station-Pithoria, District-Ranchi. … Opposite Parties ------ For the Petitioner : Mr. Haider Ali, Advocate For the State : Mr. Satish Prasad, Addl.P.P. For the O.P. No.2 : Mr. Afaque Rashidi, Advocate : Ms. Aulia Begum, 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 528 of the BNSS, 2023 with the prayer to quash and set aside the entire criminal proceeding arising out of Complaint Case No.10132 of 2024 including the order taking cognizance dated 30.05.2024 passed by learned Judicial Magistrate-1st Class-XXVI, Ranchi whereby and where under the learned Judicial Magistrate-1st Class-XXVI, Ranchi has taken cognizance for the offences punishable ( 2026:JHHC:3752 ) 2 Cr. M.P. No.2360 of 2024 under Section 138 of the Negotiable Instruments Act against the petitioner. 3. Learned counsel for the petitioner fairly submits that, in the meanwhile, substance of accusation has been explained to the petitioner in the said case and evidence of both the complainant and the defence is closed and the case is fixed for final arguments on the merits of the case. 4. Learned counsel for the petitioner next relies upon the judgement of the Hon’ble Supreme Court of India in the case of M/s. Indus Airways Pvt. Ltd. & Others vs. M/s Magnum Aviation Pvt. Ltd. & Another reported in 2014 Supreme (SC) 278 and submits that if a cheque is issued as an advance payment for the purchase of goods and for any reason purchase order is not carried to its logical conclusion, the cheque cannot be held to have been drawn for an existing debt or liability. 5. Learned counsel for the petitioner submits that the allegation against the petitioner is false and the complainant has suppressed the fact of the agreement dated 02.03.2024 and also suppressed the legal notice dated 23.03.2024, hence, it is submitted that the prayer as prayed for, in this Cr.M.P., be allowed. 6. Learned Addl.P.P. appearing for the State and the learned counsel for the opposite party No.2 on the other hand vehemently oppose the prayer of the petitioner made in the instant Cr.M.P and submit that the trial is at its fag end and admittedly, the case is fixed for hearing of arguments on the merits of the case, so at this belated stage, suppression of material facts cannot be a ground to quash the entire criminal ( 2026:JHHC:3752 ) 3 Cr. M.P. No.2360 of 2024 proceeding, when the petitioner has ample opportunity to take the said defence, in the trial of the case. Therefore, it is submitted that this Cr.M.P., being without any merit, be dismissed. 7. Having heard the rival submissions made at the Bar and after carefully going through the materials available in the record, it is pertinent to mention here that the admitted case of the petitioner is that the case is fixed for hearing of arguments on the merits of the case after closure of the evidence of both the complainant and the defence. The petitioner has not questioned the substance of the accusation explained to him. The petitioner has already got and availed himself of adequate opportunity to raise his defence that certain documents were suppressed by the complainant before the trial Court. 8. Under such circumstances, keeping in view the advance stage of the trial, this Court is not inclined to quash the entire criminal proceeding for the simple reason that some documents were not produced by the complainant along with the complaint itself, which at best can be a defence of the petitioner. 9. Accordingly, this Cr.M.P., being without any merit, is dismissed. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 10th of February, 2026 AFR/ Abhiraj Uploaded on 17/02/2026