IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3865 of 2007 ASHISH MUKHOPADHYA & ORS Versus STATE OF BIHAR & ANR ----------- For Petitioner :- Mr. N.K. Agrawal, Sr. Adv. For Opposite Party:- Mr. Vijay Anand 9 10.7.2008 Heard the counsel for the petitioners and the counsel appearing on behalf of the State. The petitioners who are accused in a case under Section 420, 386, 387 and 34 of the Indian Penal Code and have challenged the order dated 6.6.2000 taking cognizance against them. Learned counsel for the petitioner submits that prior to the present First Information Report a complaint case was lodged on 10.8.1999 by the petitioner against the proprietor Vaishali Trading i.e. opposite party no. 2 alleging that a cheque of Rs. 3,91,000/- had bounced and as such the opposite party no. 2 was liable to be punished under Section 138 of the Negotiable Instrument Act. It is submitted that it is for this reason that the present case has been filed. The petitioners and the opposite party have filed an affidavit in the court stating therein that both the parties have come to an understanding and the informant (complainant) has no grievances against the accused persons in Kotwali p.S. Case No. 157 of 2000 (G.R. No. 1136/2000). The main allegation revolves around the offences related to Section 420 of the Indian Penal Code wherein it is alleged that the opposite party was forced to sign a document that he owed Rs. 3.50 lacs to the petitioners and he (the informant) fears that the paper which he 2 signed would be misutilised by the petitioners. Since the main offence relates to offences committed under Section 420 of the Indian Penal Code, the allegation under Section 386 of the Indian Penal Code has no meaning in the facts of this case and thus cognizance under Section 386 of the Indian Penal Code is quashed. Section 420 of the Indian Penal Code is compoundable by the person who is cheated and the parties have already agreed not to proceed with the case and as such I quash the order dated 6.6.2000 taking cognizance under Section 420, 386/34 of the Indian Penal code in Kotwali P.S. Case No. 157/2000. This application is thus allowed. Sanjay (Sheema Ali Khan, J.)