IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18409 of 2006 SHIVA DANI SINGH, Son of Late Tarani Singh, resident of Village – Lohanda, P.S. – Sikandara, District – Jamui. …. Petitioner. Versus 1. THE STATE OF BIHAR 2. AKHAURI JITENDRA, Son of late Akhauri Jainandan Pd, R/o Mohalla – Bahuar Chaura, P.S. Civil Lines, District – Gaya. …. Opp. Parties. ----------- 04/ 20.04.2009 Heard learned counsel for the petitioner and learned APP for the State. Despite service of valid notice on O.P. No. 2 he has chosen not to appear. Vide order dated 17.2.2005 passed by Judicial Magistrate, Gaya in Complaint Case No. 811 of 2003 cognizance has been taken against the petitioner under Sections 420, 406 and 468 of the IPC. A complaint case has been filed by the complainant, namely, Akhauri Jintendra alleging that he had entered into an oral understanding with the petitioner with regard to some tender work of water ways at Dumka Circle in the state of Jharkhand. Since the petitioner was in shortage of funds and on the intervention of one Narendra Kumar Sinha they decided to work jointly and finance was made available on payment of 3% of the total payment to the petitioner. Subsequently it seems that the complainant and the petitioner had fallen apart final bill on payment and it is alleged that a sum of Rs. 62,585/- has been misappropriated. Learned counsel for the petitioner submits that the factum of some kind of understanding, as alleged at Gaya is, misplaced and has only been stated in the complaint to create jurisdiction in the Court of the Magistrate at Gaya. The basic understanding and work was to be - 2 - carried out at Dumka in the State of Jharkhand and from the facts of this case it is a civil dispute between the parties and remedy for the same does not lie before a Criminal Court. After having heard the rival submissions there is force in the contention of the learned counsel for the petitioner. Lodging a criminal proceeding against the petitioner in the above noted background will amount to abuse of the process of Court. This application is, accordingly, allowed and the order dated 17.2.2004 taking cognizance is quashed. DKS/ (Ajay Kumar Tripathi, J.)