IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29443 of 2001 KUMAR AMIKAR @ KUMAR AMIRKAR Versus STATE OF BIHAR & ORS ----------- For the Petitioner : Shri Sadaquat Hussain, Sr. Advocate For the State : Shri Dashrath Mehta, APP For the OP Nos. 3 & 4: Mrs. Madhuri Lata, Advocate 8/ 19.8.2010 Heard learned counsel for the parties. The allegation in the complaint petition is that the petitioner had stolen three cheques from the cheque book of the complainant and by manipulating signatures over it of the complainant, attempted to withdraw different sums of money through those cheques. It appears from Annexure 2 that the petitioner had earlier filed a complaint that for making payment of some dues which was to be paid by the complainant Nesar Ahmad. The said Nesar Ahmad issued three cheques in favour of the petitioner for drawing Rupees two lacs from his account held by him in Allahabad Bank, Muzaffarpur but those cheques were returned because the signatures which were put on by the complainant, were different from his specimen. On perusal of the two complaint petitions, what appears is that the allegation of committing theft of three cheques from the bunch of the cheque book, is inherently improbable and absurd, as a result of which, summoning order dated 24.8.2001 passed in Complaint Case no. C 298 of 2001/Tr. No. 1048 of 2001 pending in the court of J.M. Ist Class, Siwan is hereby quashed. 2 The petition is allowed. Lower court records be transmitted to the court concerned at once. Anil/ ( Dharnidhar Jha, J.)