IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.51452 of 2008 SHYAM SUNDER CHAMARIA Versus STATE OF BIHAR & ANR ----------- 4 03.05.2010. Heard learned counsel for the parties. The petitioner has come to this Court for quashing order taking cognizance dated 23.10.2008, under sections 420,467,468,471 and 406 I.P.C. in Sachivalaya Police Station case no. 121 of 2008, pending in the court of Judicial Magistrate, 1st class, Civil Court, Patna. Learned counsel for the petitioner submits that he had been given Rs. 3 lakhs by the informant for making documentary film which was started but not completed as dispute arose between the parties. He has already made bank drafts of Rs. 3 lakhs which would be evident from order of the Chief Judicial Magistrate, Patna dated 5.9.2008. It has been recorded by learned Magistrate that petitioner deposited a bank draft bearing no. 578854, SBI, Chapra of Rs. 3 lakhs in favour of informant. Thereafter, learned Magistrate directed his office to keep the same safely and issue notice to the informant for receiving the same. The petitioner further submits that if the draft has not yet been taken by the informant, it has to be revalidated. The same may be returned to him for revalidating it. He would soon deposit the bank drafts after revalidating it within the time indicated by the court for this purpose. Learned counsel submits that in the facts of the case, no case under sections 420,467,468,471 and 406 I.P.C. would be made out. The film could not be completed on account of dispute arising between the parties and there was no intention behind non-completion of the work assigned to him. It is also submitted - 2 - that in case of offence under section 406 I.P.C., rider on limit of amount can be waived in appropriate cases. Furthermore, the allegation u/s 420 I.P.C. is in respect of the same amount. Learned counsel for the State submits that petitioner has failed to repay the amount received by him from the department and in default of payment, the instant prosecution has been initiated. In view of the facts and circumstances of the case, this Court observes that the learned Magistrate in seisin of the case would hand over the bank draft of Rs. 3 lakhs mentioned in order of the C.J.M, Patna dated 5.9.2008 to the petitioner or his counsel, who in turn, would get the bank draft revalidated and deposit it back within four weeks of its receipt, in the court. The revalidated bank draft of Rs. 3 lakhs would be handed over to the informant or his counsel duly authorized. Once the amount is received by the prosecution, no useful purpose would be served in continuance of the same. The trial court will thus dispose of the proceeding in the light of observation of this court. Interim order granted by this Court to the petitioner would continue for further 8 weeks. The petition stands disposed of with aforesaid directions. Shashi. (Samarendra Pratap Singh,J.)