IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18403 of 2010 VIKRAM SINGH SON OF SRI BIJAY NARAIN SINGH, RESIDENT OF PHUSRO, POLICE STATION BERMO, DISTRICT BOKARO (JHARKHAND) …. PETITIONER Versus 1. THE STATE OF BIHAR 2. MR. ASHISH KUMAR, SON OF SRI RADHE SHYAM SINGH, RESIDENT OF MOHALLA BHIKHANPURA, POLICE STATION MUZAFFARPUR (SADAR), DISTRICT MUZAFFARPUR …. OPPOSITE PARTIES ----------- For the Petitioner : Mr. Niranjan Kumar, Advocate For the State : Mr. D.P. Tiwari, Advocate --------- 3. 3.12.2010 The petitioner seeks quashing of the order dated 27.9.2003 passed by the Judicial Magistrate, 1st class, Muzaffarpur in Complaint case No.1223 of 2003, by which cognizance has been taken u/s.138 of the N.I. Act. The case of the complainant is that he was in business dealing with the petitioner, in course of which he was given three cheques by the petitioner, two of them bounced, on account of which the present case was instituted. On 21.5.2010 notice was issued to the opposite party no.2. But despite receipt of notice he has chosen not to appear before this court. The learned Counsel for the petitioner submits that the petitioner was a registered contractor executing the work of the railways in which the petitioner had subcontracted some works privately to the opposite party no.2. Unfortunately the opposite party no.2 could not complete the work in time, due to which the petitioner wrote to the Bank 2 stopping payment of two of the cheques since the opposite party no.2 had not executed the work sublet to him. Considering that initially final report was submitted in the matter as also that the petitioner had a valid cause for stopping payment, I am inclined to allow this application more so because the opposite party no.2 has chosen not to contest this case. The application is, therefore, allowed and the order dated 27.9.2003 passed by the Judicial Magistrate, 1st class, Muzaffarpur in Complaint case No.1223 of 2003 is quashed. Narendra/ ( Anjana Prakash, J. )