VIMLA JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Section 482 of the Code of Criminal Procedure has been filed for quashing the order dated 05.02.2014 passed by the Judicial Magistrate, 1st class, Patna, in Kankarbag P.S. Case No.332 of 2013 by which learned Magistrate has taken cognizance against the Petitioners for the offence under Section(s) 420/34 Indian Penal Code and Section 138 of the Negotiable Instruments Act.

(2.) Heard counsel for parties.

(3.) Counsel for the Petitioners submits that it is matter of purely civil dispute. He has further submitted that there is no mention in the written report the date on which notice was issued. There is also no mention in written report that notice required under Section 138 (b) of the Negotiable Instruments Act was sent to Petitioners. The order of cognizance under Section 138 of the Negotiable Instruments Act is, therefore, bad in law.