Balmukund Pathak age about 33 years v. The State of Jharkhand

Brajesh Kumar S/o Sri Nand Keshwar Chaudhary, R/o Mohalla Hamidganj, P.O. Hamidganj, P.S.-Medninagar Town, District- Palamau. … Opposite Parties ------ For the Petitioner For the State For the O.P. No.2 : Mr. Surendra Pd. Sinha, Advocate : Mr. Vijay Kr. Sharma, Advocate : Mr. Manoj Kr. Mishra, Addl.P.P. : Mr. Anil 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 a prayer to quash and set aside the entire criminal proceeding as well as the order taking cognizance dated 28.02.2022 passed by learned Judicial Magistrate-1st Class, Palamau in Complaint Case No.1595 of 2021 whereby and where under the learned Judicial Magistrate-1st Class, Palamau has taken cognizance for the offences punishable under Sections 138 of the Negotiable Instruments Act against the petitioner. 1 Cr. M.P. No.2010 of 2022 ( 2025:JHHC:18259 )

The brief facts of the case is that the petitioner issued a cheque in favor of the opposite party no.2 and the same was dishonored, the petitioner did not pay the cheque amount even after notice of demand was sent to him. The complainant filed Complaint Case No.1595 of 2021 and basing upon the same, the learned Judicial Magistrate-1st Class, Palamau has taken cognizance for the offence punishable under Sections 138 of the Negotiable Instruments Act and directed for issuance of summons.

Learned counsel for the petitioner submits that the allegation against the petitioner is false and the complainant has not come to court with clean hands. The petitioner has already paid back Rs.3 lakhs which is the cheque amount and earlier a FIR was also instituted by the petitioner, hence, it is submitted that the prayer, as prayed for in the instant Cr.M.P., be allowed.

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 it is a settled principle of law that in view of Section 142 of the Negotiable Instruments Act, cognizance of the offence punishable under Section 138 Negotiable Instruments Act can only be taken on a written complaint being presented by the person in whose favor the cheque is issued or recipient of the same is in due course. The undisputed facts remains that the petitioner issued the cheque and the same was dishonored, the petitioner did not pay the amount upon notice of demand being made, hence, there is no illegality in the said order taking cognizance by the learned Judicial Magistrate-1st Class, Palamau. Therefore, it is submitted that this Cr.M.P., being without any merit, be dismissed. 2 Cr. M.P. No.2010 of 2022 ( 2025:JHHC:18259 )

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 cognizance of the offence punishable under Section 138 Negotiable Instruments Act can only be taken upon a written complaint being presented by the person in whose favor the cheque has been issued or the holder in due course of such cheque and by no other means, the cognizance under Section 138 Negotiable Instruments Act can be taken or in other words the cognizance of the offence punishable under Section 138 Negotiable Instruments Act cannot be taken upon a report submitted to the police or which FIR has been registered. The contention of the petitioner that he has paid back the cheque amount is a defence which he can take during the trial of the case.

Under such circumstances, this Court do not find any illegality in the order taking cognizance dated 28.02.2022 passed by learned Judicial Magistrate-1st Class, Palamau in Complaint Case No.1595 of 2021.

Accordingly, this Cr.M.P., being without any merit, be dismissed. In view of disposal of the instant Cr.M.P., the I.A. No.5591 of 2025 stands dismissed being infructuous. (Anil Kumar Choudhary, J.) High Court of Jharkhand, Ranchi Dated the 03rd of July, 2025 AFR/ Abhiraj 3 Cr. M.P. No.2010 of 2022