PATNA, India, April 23 -- Patna High Court issued the following order on March 23:
1. Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.
2. This application has been filed for quashing and setting aside the order dated 06.08.2018 passed by the learned Sessions Judge, Rohtas at Sasaram in Criminal Revision No. 238 of 2017 where under and whereby order dated 11.07.2017 passed by the learned A.C.J.M., Sasaram in complaint case no. 253 (C) of 2017 by which complaint itself has been dismissed U/S 203 Cr.P.C has been affirmed.
3. The complainant states that his signed cheques were misused by the accused persons.
4. Learned counsel for the petitioner submits that learned ACJM, Sasaram took cognizance of the offences alleged in the complaint and instead of directing for summons upon accused persons, in most mechanical manner vide order dated 11.07.2017 dismissed the complaint itself under section 203 Cr.P.C. Learned court below failed to consider evidences of complainant and enquiry witnesses properly and passed the impugned order rejecting the complaint itself U/s 203 Cr.PC which is at all not tenable in the eye of law as well as on facts and is fit to be set aside.
5. Learned APP for the State as well as learned counsel for the informant vehemently opposes the quashing application of the petitioner.
6. Perused the complaint and connected orders. The present case involves disputed questions of fact which cannot by adjudicated by this court at this stage. The same has rightly been dismissed by the Court below. Accordingly, the quashing application of the order dated 06.08.2018 passed by the learned Sessions Judge, Rohtas at Sasaram in Criminal Revision No. 238 of 2017 where under and whereby order dated 11.07.2017 passed by the learned A.C.J.M., Sasaram in complaint case no. 253 (C) of 2017 is hereby dismissed.
7. This application stands dismissed.
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