Research › Search › Judgment

Jharkhand High Court · body

2019 DIGILAW 724 (JHR)

Pankaj Soni @ Pankaj Singh v. State Of Jharkhand

2019-03-14

AMITAV K.GUPTA

body2019
JUDGMENT Amitav K Gupta, J. - This petition has been filed for quashing the entire criminal proceeding including the order taking cognizance dated 03.08.2017 passed in Complaint Case no.2332/2017. 2 . Learned counsel for the petitioner has submitted that the petitioner has paid the entire loan amount to the complainant. That the court below has passed the order without examining the complainant and the enquiry witnesses. That no offence is made out under Section 138 of N.I.Act against the petitioner. 3 . Learned counsel appearing on behalf of O.P.no.2, complainant has submitted that the petitioner has not paid the entire amount and the documents which have been produced do not relate to the period for which the cheque was dishonoured. 4 . Heard. The defence raised by the petitioner can be considered by the trial court. This is not the stage for considering the said documents. Accordingly, the petition is, hereby, dismissed. 5 . It is made clear that this Court has not expressed any view or opinion on the merit of the case. The court below shall decide the case on the basis of the evidence laid by the parties.