Case Facts:
Patna High Court Cr.Misc. No.10416 of 2008 (07) dt.04-10-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.10416 of 2008 ====================================================== 1. Mrs. Devi 2. Pramod Kumar .... .... Petitioner/s Versus The State Of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. S.N.P. Sinha- Sr. Advocate Mrs. Mira Kumari-Adv. For the Opposite Party/s : Mr. Digvijay Kumar Ojha-Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE MANDHATA SINGH ORAL ORDER 07 04-10-2012 This is an application for quashing the order dated 07.3.2007 passed by Sub-divisional Judicial Magistrate, Buxar in Complaint Case No.243 of 2005 by which learned Magistrate has taken cognizance under [STATUTE] . Heard learned counsel for the petitioners and learned counsel for the State. Allegation is that in a cultural programme, petitioners agreed to sing Bhojpuri song, for which an advance of Rs. Twenty One thousand (Rs.21,000/-) was given, but she did not attend the programme and on demand of the advance amount, complainant was mishandled and abused also. Submission of learned counsel for the petitioners is that there was no such agreement ever in between the parties nor any advance was received on behalf of the petitioners. So, there was no occasion to participate in the cultural programme. To demand any advance, learned counsel stressed that there is no paper to show the payment of any advance, only to defame the Patna High Court Cr.Misc. No.10416 of 2008 (07) dt.04-10-2012 petitioners, this complaint is lodged. After perusal of the record, I find no material (document) to accept prima facie payment of any advance. So, there can be no occasion of taking place afterwards incident. Accordingly, this quashing application is allowed and impugned order dated 07.3.2007 in Complaint Case No.243 of 2005 along with the whole prosecution against the petitioners is hereby quashed. Vikash/- (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.