IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20433 of 2008 SANJAY KESARVANI S/O S.N.R. KESRI, R/O J/206, AASHIANA, LUCKNOW, P.S. ALIGANG, DISTT. LUCKNOW (U.P.) …. PETITIONER Versus 1. THE STATE OF BIHAR 2. JAI SHANKAR JHA S/O LATE UGRA NARAYAN JHA, R/O F/123 P.C. COLONY, P.S. KANKARBAGH, DISTT. PATNA (COMPLAINANT) …. OPP. PARTIES ----------- 2. 19.4.2011 Supplementary affidavit filed today on behalf of the petitioner be kept on the record. The petitioner has sought quashing of the order dated 18.2.2008 passed by the Judicial Magistrate, 1st class, Patna in Complaint case No.255C of 2007, by which it has refused an application u/s.205 Cr.P.C. The case of the Complainant is that there was some business transactions between the parties and some differences arose in its course which led to the present occurrence. It has been submitted on behalf of the petitioner that he is a resident of Lucknow and it will be extremely difficult for him to attend the court on each and every date and undertakes to be present on the date so fixed by the court. The further undertaking that there is no dispute about his identity nor will he protract the proceeding in any manner. In view of such undertaking which the petitioner is required to give even before the court below, this application is allowed and the order dated 18.2.2008 - 2 - passed by the Judicial Magistrate, 1st class, Patna in Complaint case No.255C of 2007 is quashed. In case the Magistrate is of the view that the petitioner is delaying the trial and not co-operating with the court, he shall take steps to take him into custody. Narendra/ ( Anjana Prakash, J. )