Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31327 of 2000 ====================================================== 1. Vinod Kumar Kejriwal 2. Anand Kumar Kejriwal @ Shish Nath Kejriwal .... .... Petitioners Versus 1. The State Of Bihar 2. Ramnath Choudhary .... .... Opposite Parties ====================================================== Appearance: For the Petitioners : Mr. Subodh Kr. For complainant: Mr. Sarvesh Kr. Singh For the State: Mr. Raj Ballabh Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE MANDHATA SINGH ORAL ORDER 11 05-12-2012 This application has been filed against the order dated 16.5.2000 passed in C. 2326/99/TR. 857/2000 by Sri N.K.Lall, Judicial Magistrate, 1st Class, Hajipur by which summons were issued to petitioners for the offence under [STATUTE] . Allegation is that an amount of Rs. 44800/- was given to the petitioners to invest the same in share market. The money was given as loan and 3% interest was to be paid. Allegation is that no money or its interest was ever paid rather it was noticed that complainant has lost his money in Satta for which he had never agreed. Submission on behalf of learned counsel for petitioners is that really money was invested in share market and same was lost due to condition of market. Patna High Court Cr.Misc. No.31327 of 2000 (11) dt.05-12-2012 2 It is further submitted that transaction was only of civil nature which is resolved now is agreed to the complainant and admitted by his learned counsel. In that circumstance, continuation of criminal prosecution may never be justified in my view also. This application is allowed and the impugned order dated 16.5.2000 passed in C.2326/99/TR 857/2000 including further prosecution is hereby quashed. A.I./- (Mandhata Singh, J)

Applicable IPC Section: 406

Statute Text:
Section 406 of the Indian Penal Code. Criminal breach of trust. Whoever commits criminal breach of trust shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.