Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42484 of 2009 ====================================================== Gopi Krishna , son of Ram Prakash Singh, resident of Mohalla- Babu Tola, Banka, P.S. & District-Banka .... .... Petitioner/s Versus 1. The State of Bihar 2. Ajay Kumar, Son of Kamta Prasad Srivastava, C/O Ram Narayan Singh, R/o Nehru Colony, Banka, P.S. & District-Banka 3. Sanjay Kumar Ghose, Son of Noni Gopal Ghose, R/O Babu Tola, Banka, P.S. & District-Banka .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER ----------------------- 5 20-07-2012 Heard Sri Sanjay Kumar Jha, learned counsel for the petitioner and Sri Ranjan Kumar Jha, learned counsel, who has appeared on behalf of Opp.Party nos.2 & 3. The present petition was filed with a prayer to quash an order dated 16.09.2009 passed by learned Judicial Magistrate, Banka in Complaint Case No.2112 of 2008, whereby learned Magistrate has not taken cognizance of offence under [STATUTE] and Section 138 of Negotiable Instrument Act. However, cognizance order was passed under [STATUTE] . Learned counsel appearing on behalf of Opp.Party nos.2 and 3 submits that during the pendency of this petition, entire dues have already been cleared. He submits that dispute was purely commercial in nature. Patna High Court Cr.Misc. No.42484 of 2009 (5) dt.20-07-2012 2 / 2 2 Learned counsel for the petitioner after noticing the fact that the entire dues have already been paid does not want to press this petition. The petition stands dismissed as not pressed. The Court expects that if compromise petition is filed before the court below, the learned court below without any delay may pass appropriate order in accordance with law. NKS/- (Rakesh Kumar, J)

Applicable IPC Section: 504

Statute Text:
Section 504 of the Indian Penal Code. Insult intended to provoke breach of the peace. Whoever intentionally insults, and thereby gives provocation to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.