IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3526 of 2006 MR. HARSHAD S.SANGHRAJKA & ORS Versus STATE OF BIHAR & ANR. ----------- 7. 24.7.2008. Heard the learned counsel for the petitioners as also the learned A.P.P. for the State. It appears that notwithstanding substituted service of notice on O.P. No.2, he has chosen not to appear to contest this application. It appears that the primary grievance of the complainant is that the petitioners who are the Directors of M/s. Aromatherapy International Limited have retained the security money that had been deposited by the complainant at the time of entering into the agreement with the aforesaid Company and notwithstanding repeated demands the petitioners had not returned the same. Cognizance has been taken under Section 406 I.P.C. by Mr. Vikrama Ram, Judicial Magistrate, Patna, in Complaint Case No.1999 of 2003. It appears from perusal of Annexure-2, which is order dated 15.10.2004 passed by this Court in Criminal Misc. No.28351 of 2004, that while hearing the bail application of these petitioners, the matter was amicably settled and a draft of Rs.1,06,200/- was handed over to the counsel for the complainant in court and on the basis thereof the petitioners were directed to surrender in the court below for releasing on bail. That apart the alleged allegation of the complainant of the petitioners having retained his money and not returning the same appears to be an issue which is exclusively civil in nature and in the - 2 - absence of the ingredients of an offence under Section 406 I.P.C. being made out from the perusal of the recital in the complaint petition, the prosecution of the petitioners for criminal liability appears to be an abuse of the process of the court. The dispute being absolutely civil in nature, the complainant ought to have approached the court of competent jurisdiction instead of approaching the criminal court. In the aforesaid circumstances, the impugned order dated 8.12.2003 taking cognizance in Complaint Case No.1999 of 2003 is hereby quashed and the application is allowed. P.S. (Abhijit Sinha,J)