High Court Patna High Court - Orders

Arvind Kumar vs State Of Bihar & Anr on 8 July, 2011

Patna High Court – Orders
Arvind Kumar vs State Of Bihar & Anr on 8 July, 2011
                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                                      Cr.Misc. No.9527 of 2009
                 Arvind Kumar son of Dasharath Prasad C/O M/S Balajee Printers and
                 Friends Book Centre, Sonarpatti Chauk, Masjid Road Post Office
                 Narkatiaganj, Police Station Shikarpur, District West Champaran
                                                                   .... Petitioner
                                                   Versus
                1. The State Of Bihar
                2. Nishikant Shukla, son of Late Kailash Shukla, resident of village
                    Etawarpur, Police Station Lalganj, District Vaishali at present
                    village Bhawanpur, Police Station Muzaffarpur Sadar, District
                    Muzaffarpur, Agent Dainik Jagran Hindi new paper, West
                    Champaran                                      .... Opposite parties
                                                 -----------

4. 8.7.2011 The petitioner has sought quashing of the entire

proceeding including the order dated 13.10.2006 passed by the

Sub Divisional Judicial Magistrate, Muzaffarpur in Complaint

case No.C-384 of 2006 Trial No.2612 of 2006/ 1825 of 2008,

by which cognizance has been taken u/s.138 of the Negotiable

Instrument Act.

When the matter was heard on 7.9.2010 it was

indicated by the petitioner that he was ready to settle the

financial dispute with the opposite party no.2. On 20.6.2011 the

matter was once again heard when the parties expressed

before this Court their willingness to settle the dispute

if Rs.30,000/- is paid to the complainant by way of demand

draft.

Today the petitioner has produced a demand

draft drawn in favour of the complainant vide Cheque

No.762406 of the State Bank of India, which is handed over to

the Counsel for the opposite party no.2, who also signs on the
2

margin of the order sheet of this application in token of the

same.

In view of the settlement of the financial dispute

between the parties, the application is allowed and the entire

proceeding including the order dated 13.10.2006 passed by the

Sub Divisional Judicial Magistrate, Muzaffarpur in Complaint

case No.C-384 of 2006 Trial No.2612 of 2006/ 1825 of 2008 is

quashed.

( Anjana Prakash, J.)
Narendra/