IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.2197 of 2000
SANTOSH CHANDRA JHA
Versus
RAJESH KUMAR SINGH & ANR
with
Cr.Misc. No.4212 of 2000
MANOJ KUMAR SARAF
Versus
STATE OF BIHAR & ANR
with
Cr.Misc. No.4187 of 2000
MANOJ KUMAR SARAF
Versus
STATE OF BIHAR & ANR
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5. 29.6.2010. Heard.
The three petitions arise out of one Complaint Petition
No.782(C)of 1999. The three petitioners in the three petitions have
been summoned to stand their trial under Sections 406, 420 and
120B of the IPC and 138 of the Negotiable Instrument Act with
some other accused persons. I have gone through the complaint
petition and I find nothing except that they are named in the
complaint petition. There is no act or role assigned to any of the
three petitioners. As regards the whole allegations of cheating,
defrauding or issuing cheques which could bounce later on while
sent for collecting the amount to a bank, the roles are definitely
assigned to accused persons other than the three petitioners and
keeping that in mind the prosecution of the three petitioners
through the above complaint petition and the above order of
2
summoning appears a complete abuse of process of the court. The
three petitions succeed as against the three petitioners and is hereby
allowed by the summoning order as regards the three petitioners.
Stay granted earlier is vacated.
B.Kr. ( Dharnidhar Jha, J.)