IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.48852 of 2007 OM PRAKASH PASWAN Versus THE STATE OF BIHAR ----------- 02 24.02.2009 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner, who is stated to be a Junior Engineer, is aggrieved by the order of cognizance under 409 of the Indian Penal Code passed by the Judicial Magistrate, Ist Class at Madhubani dated 11.5.2001 in G.R. No. 472 of 1999, T.R. NO. 648 of 2007, arising out of Benipatti P.S. Case No. 54 of 1999. The allegations are that the petitioner was the working agent appointed for construction of a “Kishan Bhawan” at Benipatti. The estimated cost was Rs. 8, 50, 000/-. An advance of Rs. 8, 32,500/- was given for construction of the work and the work was completed of Rs. 7, 97, 972/-. That the rest of the work was not completed and the petitioner did not return the balance amount of Rs. 34, 528/- despite request for the same. The thrust of the argument of the petitioner is exoneration in the departmental proceedings. From Annexure-5, dated 13.11.2000, it is apparent that he came to be exonerated in the departmental proceedings when no records and papers were being produced by the authorities. This Court is not satisfied that on the aforesaid reason the petitioner can have the benefit of the exoneration in the departmental proceedings so as to make the criminal prosecution - 2 - unsustainable. The application is dismissed. P.K. (Navin Sinha,J.)