IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16329 of 2006 VIJAY KUMAR VERMA & ANR Versus THE STATE OF BIHAR & ANR ----------- 5. 25.8.2008. Heard the learned counsel for the petitioners as also the learned A.P.P. for the State. Although the complainant, O.P. No.2 was duly served with notice, he has chosen not to appear. The petitioners seek the quashing of the order dated 9.2.2005 passed by Sri Premchand Anal, Judicial Magistrate, First Class, Patna, in Complaint Case No.1608(C) of 2004 , whereby the learned Magistrate has taken cognizance of an alleged offence under Section 406 I.P.C. From perusal of the complaint petition, it appears that the complainant, Lt. Col. R.K. Bains(Retd.) , C.M.D., M/s. Bains Security Services , Sahpur, P.S. Danapur, District-Patna, impleaded herein as O.P. No.2 , filed the aforesaid complaint case for payment of Rs.1,70,933/- as arrears that were payable to the Security Guards for the period 1.2.1999 to 30.11.1999. Apparently, the alleged dispute appears to be civil in nature and relief can only be granted by the competent court of civil jurisdiction and for the same no criminal prosecution would lie nor the petitioners could be fastened with criminal liability since the bone of contention is recovery of money dues from the petitioners by O.P. No.2 and this could only be done by way of filing civil suit. Due regard being had to the facts and the circumstances of the case, the impugned order is hereby quashed and the application is - 2 - allowed. P.S. (Abhijit Sinha,J)