Arun Kumar v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 26567 of 2009 Arising out of P.S. Case No. -0 Year- null Thana -null District- PATNA ======================================================== Arun Kumar, S/o Binda Singh, Prop: M/s Suruchi Finance, 4th Floor, 209, Adharshila Complex, South Gandhi Maidan, P.S.-Gandhi Maidan, District-Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Jainendra Kumar, S/o Shri Krishna Sharma, Resident of Shahpura Kurji, P.S.-Naubatpur, District-Patna.Opposite Party/s ======================================================== Appearance :

For the Petitioner/s : Mr. Akash Chaturvedi, Adv. For the Opposite Party/s : Md. Mustaque Alam, APP. ======================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL JUDGMENT Date: 31-07-2015 No one appears on behalf of the Opposite Party No. 2.

The Petitioner seeks quashing of the order of cognizance dated 18.10.2008 passed by the Judicial Magistrate, 1st Class, Patna in Complaint Case No. 257(C) of 2008.

The case of the Complainant is that he was approached by the Petitioner in January, 2005 to transact business with him. He started doing so on his representation and deposited a certain amount of money. However, the transaction did not work and, hence, he asked for return of his money at which it was refunded but there was certain interest amount which was still to be paid and hence the Complaint.

Counsel for the Petitioner submits that even

Patna High Court Cr.Misc. No.26567 of 2009 dt.31-07-2015 conceding the allegations no criminal offence is made out in view of the counter-claims.

Having considered the aforesaid aspect of the matter, the entire proceeding including the order of cognizance dated 18.10.2008 passed by the Judicial Magistrate, 1st Class, Patna in Complaint Case No. 257(C) of 2008 is, hereby, set aside.

The Application stands allowed.

Vikash/- (Anjana Prakash, J.) U T