Binod Kumar Kapoor vs State of Bihar

Ashutosh Kumar, J. (Oral) - The petitioner is stated to be a very close associate and friend of the complainant � Opposite Party No. 2. An amount was Rs. Two Lakh was taken by him as loan for carrying on his business. Such loan amount, despite assurance by the petitioner, was not returned to the complainant � Opposite Party No. 2 even when the daughter of the complainant � Opposite Party No. 2 was to be married. Hence, the present complainant petition.

However, Mr. Bijay Prakash Singh, learned Advocate for the petitioner, during course of hearing of this application, submitted that all dues of Opposite Party No. 2 has been paid. There is no dispute left to be adjudicated between the petitioner and Opposite Party No. 2.

Nobody appears on behalf of Opposite Party No. 2.

The petitioner by this application has asked for quashing of the order dated 27.8.2007 passed by the learned Judicial Magistrate, lst Class, Muzaffarpur in connection with Complaint Case No. C 1253 of 2007, whereby cognizance has been taken under Sections 406, 417, 120B and 506 of the Indian Penal Code.

Learned Counsel for the petitioner submits that apart from the fact that the dispute which is completely inter personal in nature has been settled, no offence under Sections 409, 120 B and 506 of the Indian Penal Code can at all be said to have been made out.

Considering this aspect of the matter, it is held that no useful purpose will be served in putting the petitioner to trial.

The order taking cognizance dated 27.8.2007 and the criminal prosecution arising thereof in connection with Complaint Case No. C 1253 of 2007, is hereby quashed.

This application is allowed.