IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29296 of 2007 D.W. CHONDHE @ DNYANESHWAR WAMAN CHONDHE, Son of Late Waman Chondhe, c/o M/s Shree Ram Constructions, Shahaji Sadan Perua (Phata), Pune Nagar Road, Tal Haveli, District – Patna. ….. Petitioner Versus 1. STATE OF BIHAR 2. Rajiv Kumar Singh, S/o Vijay Kumar Sinha, R/o Mohalla Patel Nagar, P.S. Shastri Nagar, District - Patna. … Opp. Parties ----------- 9 18.11.2008 Heard M/s Anil Kumar Singh and Pramod Kumar Singh, learned counsels for the petitioner, Mr. Jharkhandi Upadhaya, the learned A.P.P. for the State and Mr. Amir Alam, learned counsel for O.P. No. 2. The petitioner herein who had been arrayed as one of the accused in Complaint Case No. 299(C) of 2005 for offences under section 138 Negotiable Instruments Act and section 420 I.P.C. and whereunder cognizance was taken by Shusri Saroj Kumari, Judicial Magistrate, 1st Class, Patna, by order dated 30.3.2005 has prayed for quashing of the order whereby cognizance has been taken. The complainant, Rajiv Kumar Singh impleaded herein as O.P. No. 2, was given employment by the petitioner in his construction company running in the name and style of M/s Sri Ram Construction and it appears that wages for about 5 years fell due amounting to Rs. 1,33,930/- . The petitioner has purged himself by handing over - 2 - two cheques drawn on Axis Bank Limited. The first cheque was for Rs. 50,000/- and the second cheque for Rs. 84,000/- thereby a total sum of Rs. 1,34,000/- have been paid to the complainant. Since the amount of wages due to the complainant have been paid, the complaint case bearing no. 299 (C) of 2005 is hereby quashed and the application is allowed. Spd/- (Abhijit Sinha, J.)