IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22904 of 2000 ABHIMANU PRASAD & ANR Versus STATE OF BIHAR & ANR ----------- 2. 24.6.2010. Heard both the sides. Regard being had to the facts of the case as alleged in the complaint petition, the contention that no material evidence was produced to satisfy the judicial conscience of the learned Magistrate who finally passed the order of summoning on 13.5.1998 appears of no consequence. The trial is yet to begin and proof of charges has to be sought by the trial court only during trial. In an enquiry, the court has to seek production of sufficient material which could justify issuing summons. The court has indicated in its order the materials and in that light the petition appears of no merit. The same is dismissed. The stay granted in complaint case no.44 if 1998 is hereby vacated. However, during the course of hearing the court proposed to the petitioner to seek the resolution of the dispute by paying up the due amount of the complainant. If the amount is paid to the complainant, the trial court shall ensure that the case ends in terms of the allotment. - 2 - The learned counsel for the complainant also has expressed the desire of the complainant to compound the offence with the permission of the court at the appropriate stage. B.Kr. ( Dharnidhar Jha, J. )