Chandra Shekhar Prasad Singh vs. The State Of Jharkhand And Anr

Held

The Court did not delve into the merits of the case. The petitioner, facing difficulties with the Code of Criminal Procedure, 1973, sought permission to withdraw the quash petition. The Court granted this request, allowing the petitioner liberty to raise the plea regarding the complainant's authority and any other available legal pleas by filing a discharge petition at an appropriate stage. The Court explicitly stated that it was not commenting on the merits of the matter. Therefore, no specific finding was made on the issue of the complainant's authority.

Facts

The petitioner, Chandra Shekhar Prasad Singh, filed a criminal miscellaneous petition before the High Court of Jharkhand at Ranchi. The petitioner was aggrieved by an order dated 28.07.2017, wherein cognizance for an offense under Section 138 of the Negotiable Instruments Act, 1881, was taken by the learned Judicial Magistrate, Bokaro. A primary contention raised by the petitioner was that the complainant lacked the authority to institute the complaint case. After preliminary arguments, the petitioner's counsel sought permission to withdraw the petition.

Key Issues

1. Whether the complainant has the authority to institute the complaint case under Section 138 of the N.I. Act, 1881, in light of the provisions of the Code of Criminal Procedure, 1973? The petitioner argued that the complainant lacked the authority to institute the complaint case. The State and the Department of Central Excise and Service Tax (now CGST & Central Excise) were the opposite parties. The petitioner's counsel, Mr. R.S. Mazumdar, faced difficulties with the provisions of the Code of Criminal Procedure, 1973, in pursuing the petition. No specific arguments were recorded for the State or the Department regarding the complainant's authority.