KANHAIYA SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the parties.

(2.) Cr. Misc. No. 50181 of 2008 has been filed against the order dated 31.1.2007, passed in Complaint Case No. 2449 (C) of 2006 by Sri Umesh Kumar, the Judicial Magistrate, Patna by which cognizance was taken against the petitioner and he was summoned to face trial for offences under Sections 406 and 418 of the Indian Penal Code and Section 138 of the Negotiable Instrument Act, whereas Cr. Misc. No. 32288 of 2008 has been filed against the order dated 13.9.2006, passed by the Judicial Magistrate, 1st Class, Patna in Complaint Case No. 1070(C) of 2006 by which the petitioner has been summoned to face trial under Section 420 of the Indian Penal Code and Section 138 of the Negotiable Instrument Act.

(3.) These two cases have been filed separately as two cheques were issued by the co-accused Arun Kumar. Cheque No. "834811" for a sum of Rs. 49,000/- was issued on 10.9.2005 whereas Cheque No. "834812" for a sum of Rs. 49,000/- was issued on 10.11.2005. Both cheques were dishonoured on 3.3.2006 and 4.5.2006 respectively. Complaint Case No. 1070 (C) of 2006 was filed on 24.4.2006 whereas Complaint Case No. 2449 (C) of 2006 was filed on 28.8.2006.