IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35257 of 2006 UMESH PANDIT Versus STATE OF BIHAR & ANR ----------- 5 07-08-2008 Heard the learned counsel for the petitioner as also the learned A.P.P. for the State and learned counsel for Opp.Party no.2. The petitioner through this application prays for quashing of the order dated 23.3.2006 passed by Sri Manoj Kumar, Judicial Magistrate, Ist Class, Bhagalpur in Kotwali P.S. Case no.821 of 2005 whereby he has taken cognizance against the petitioner under Sections-406,420 I.P.C. and 138 of the N.I.Act. It has been submitted by the learned counsel for the petitioner that after the cheques had bounced he had paid the entire amount to the complainant vide Banker’s Cheque no.597650 dated 6.3.2006 for Rs.25,000/- of Indian Overseas Bank and Demand Draft for Rs.35,516 /-. This was sought to be denied by the learned counsel for the complainant- Opp.Party no.2. In this view of the matter, both the parties are directed to appear before the court in seisin of the case on 25.8.2008 and the petitioner will show to the court the receipts of payments made in the presence of the learned counsel for the complainant and in the event of the payment being actually made, the court below will dispose of the case in accordance with law keeping in mind that no gainful purpose would be solved in the event of payment having been made fully. - 2 - Another point raised by the learned counsel for the petitioner that the filing of the complaint as also taking cognizance therein is barred by limitation. The petitioner shall be at liberty to raise the point of limitation before the court below, as it is well settled law by the Full Bench of this Court that the learned court below will dispose of the same . With the aforesaid observation, this application is disposed of. ( Abhijit Sinha, J) NKS/-