Javed Alam Vs. State of Bihar and anr

Javed Alam vs State of Bihar and anr

Type Court Judgment Court Patna Decided Aug 14, 2013

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Citation: sooperkanoon.com/1028345
Court: Patna High Court
Decided On: Aug 14, 2013
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

Javed Alam

Respondent

State of Bihar and anr

Excerpt

.....canal road, p.s. budh colony, district patna. .... .... opposite parties =========================================================== appearance : for the petitioner : mr. ajay thakur, advocate mr. ravi ranjan, advocate for the state : mr. j.k. singh, a.p.p. =========================================================== coram: honourable justice smt. anjana prakash oral judgment date:14. 08-2013 anjana prakash, j.the petitioner seeks quashing of the entire proceeding including the order of cognizance dated 17.2.2007, passed by the judicial magistrate, 1st class, patna in complaint case no. 2209c of 2006.2. the case of the complainant is that the parties were business persons and had friendship since last seven years. in course of the same, the accused no. 1 approached the complainant for a friendly loan of rs. 35 lakhs of which the complainant gave him rs. 30 lakhs. however, the accused did not return the money and instead accused no. 2 issued two cheques which were dishonoured.3. it has been submitted on behalf of the petitioner that 2 patna high court cr.misc. no.44098 of 2007 dt.14-08-2013 2/2 even accepting the complaint petition in its entirety, no offence would be made out against him, since, there is no allegation that the petitioner had issued the cheques in question.4. notices had been issued to the opposite party no. 2 which was received by his lawyer in the court below but he has chosen not to appear before this court.5. considering the aforesaid matter, the application is allowed and the entire proceeding including the order of cognizance dated 17.2.2007, passed by the judicial magistrate, 1 st class, patna in complaint case no. 2209c of 2006 is quashed, so far as it relates to the petitioner. (anjana prakash, j.) sanjay/-

Full Judgment

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44098 of 2007 =========================================================== Javed Alam, Son of Abdul Hassan, Resident of G/5 South Extension Part II, P.S. Defence Colony, New Delhi. .... .... Petitioner Versus 1. The State of Bihar.

2. Md. Tahir, Son of Abdul Quaddir, C/o Pankaj Kumar Singh, Resident of Pandai Kothi, Boring Canal Road, P.S. Budh Colony, District Patna. .... .... Opposite Parties =========================================================== Appearance : For the Petitioner : Mr. Ajay Thakur, Advocate Mr. Ravi Ranjan, Advocate For the State : Mr. J.K. Singh, A.P.P. =========================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT

Date:

14. 08-2013 Anjana Prakash, J.

The petitioner seeks quashing of the entire proceeding including the order of cognizance dated 17.2.2007, passed by the Judicial Magistrate, 1st Class, Patna in Complaint Case No. 2209C of 2006.

2. The case of the complainant is that the parties were business persons and had friendship since last seven years. In course of the same, the accused no. 1 approached the complainant for a friendly loan of Rs. 35 lakhs of which the complainant gave him Rs. 30 lakhs. However, the accused did not return the money and instead accused no. 2 issued two cheques which were dishonoured.

3. It has been submitted on behalf of the petitioner that 2 Patna High Court Cr.Misc. No.44098 of 2007 dt.14-08-2013 2/2 even accepting the complaint petition in its entirety, no offence would be made out against him, since, there is no allegation that the petitioner had issued the cheques in question.

4. Notices had been issued to the opposite party no. 2 which was received by his lawyer in the court below but he has chosen not to appear before this Court.

5. Considering the aforesaid matter, the application is allowed and the entire proceeding including the order of cognizance dated 17.2.2007, passed by the Judicial Magistrate, 1 st Class, Patna in Complaint Case No. 2209C of 2006 is quashed, so far as it relates to the petitioner. (Anjana Prakash, J.) Sanjay/-

Same Court & Year Patna · 2013 Same Parties Javed Alam vs State of Bihar and anr Same Subject Land Acquisition