IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.15415 of 2008 Madan Mohan Bhakt Son of Late Shobhi Bhakt a resident of Village-Kaiyam Nagar, Police Station-Koilwar, District- Bhojpur Versus 1. The State of Bihar 2. Arun Kumar son of Sri Janardan Singh, a resident of Mohalla-Ramana Road Pakari Moula Bag in front of Judge Kothi, Police Station-Arra Nawada, District- Bhojpur ---------------------------------- For the Petitioner:- Mr. R.C. Thakur, Adv. Mr. Kamal Kishore Singh, Adv. For the State:- Mr. Jharkhandi Upadhayay, Adv. ------------------- 8. 12.12.2011 Heard learned counsel for the petitioner and Mr. Jharkhandi Upadhayay, learned A.P.P. for the State. Though notice has earlier been issued to opposite party no. 2 and the same has also been duly served, but nobody appears to assist the Court on behalf of the Opposite Party No. 2 when the case is taken up for hearing. The present application under Section 482 of the Cr.P.C. has been filed for quashing the order dated 13.3.2008 passed in G.R. No. 98 of 2007 arising out of Complaint Case No. 1568 (C) of 2007 by which cognizance has been taken under Section 406 of the Indian Penal Code and Section 138 of the Negotiable Instruments Act against the petitioner. The sum and substance of the complaint is that the petitioner had taken Rs. 3,50,000/- on various occasions from the complainant (Opposite Party No. 2) and a Cheque of Rs. 98,000/- was given to the complainant’s son and a sum of 2 Rs. 2,50,000/- which was also given by another son which was deposited in Bank but the same was dishonored. It is further stated that the petitioner again gave a cheque of Rs. 20,000/- with the assurance that the rest of the money will be returned soon but when the same was not done the complaint petition was filed. Learned counsel for the petitioner submits that from the same very cause of action and upon the same facts earlier also a complaint case was filed by opposite party no. 2 against the petitioner and his four sons. On 28.2.2007 the police instituted a case and registered Ara P.S. Case No. 39 of 2007 under Sections 406 and 420 of the Indian Penal Code. It is submitted that upon proper investigation the police submitted final form stating that the allegation was untrue and further the recommendation was sent to lodge a case against opposite party no. 2 for having instituted a false case. Learned counsel submits that suppressing these facts the opposite party no. 2 instituted another complaint case which was almost identical being Complaint Case No. 1568 (C) of 2007 in which cognizance has been taken by order dated 13.3.2008. Learned counsel submits that the same is not maintainable both on facts as well as in law. He also draws the attention of this Court to Annexure-2 of the petition which is a report of the police relating to a criminal case 3 being lodged by the police in Gujrat in which the son of the petitioner has filed a case against two persons including the son of the complainant alleging that he has cheated him to the tune of Rs. 6,67,000/-. The same was lodged on 24.11.2006 and according to him the present complaint as well as the previous complaint was directly its fall out. He has submitted that the police has also corroborated the story. After going through the materials available on record and considering the facts and circumstances of the case, this Court is of the opinion that the complaint case no. 1568 (C) of 2007 is totally frivolous and abuse of the process of the Court. Further the conduct of the O.P. No. 2 not appearing before this Court inspite of service of notice also goes to prove that either he has nothing to show or he does not have a tenable defence to counter the case of the petitioner. In view of the discussions made above, the entire proceeding arising out of Complaint Case No. 1568 (C) of 2007 pending before the Chief Judicial Magistrate, Bhojpur at Ara including the order dated 13.3.2008 taking cognizance is quashed. The petition stands allowed. Anand Kr. (Ahsanuddin Amanullah, J.)